Training Activity: Convention and Constitutional control by the judge of common jurisdiction

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 2 February 2023 the activity on topic:

“Convention and Constitutional control by the judge of common jurisdiction.”

The role of the common judge in the direct enforcement of convention and constitutional standards, of ECtHR and Constitutional Court jurisprudence; Binding and persuasive authority in ECtHR and Constitutional Court jurisprudence; reasoning in judicial sentences and conciliatory interpretation; elements and balanced reasoning; Control through conciliatory interpretation; Control by setting in motion the constitutional judgment; Conditions, criteria and effects in guaranteeing the rule of law.”

The panel in this training activity is composed of:

Experts of the School of Magistrates:

Sokol Berberi
Ilir Toska

Facilitator of the School of Magistrates:

Ardian Shega

The purpose of this training is as follows:

To elaborate knowledge and capacities of judges to exercise convention and constitutional control, according to the case law, through:
Direct enforcement;
Conciliatory interpretation by setting in motion the constitutional incidental control.

In this activity were elaborated various topics such as:

ECHR and ECtHR jurisprudence as binding authorities;
The establishing of forcing standards by the ECtHR jurisprudence;
Direct enforcement of ECHR and of ECtHR jurisprudence by the judge of common jurisdiction;
Constitutional, incidental control; conditions and criteria;
The effects of judgments of the Constitutional Court at the end of the incidental control;
Jurisprudence of the Constitutional Court as a binding authority;
The establishing of forcing standards by the jurisprudence of the Constitutional Court;
Direct enforcement of the Jurisprudence of the Constitutional Court by the judge of common jurisdiction;
Constitutional, incidental control; conditions and criteria;
The effects of judgments of the Constitutional Court at the end of the incidental control;
Convention and Constitutional control through conciliatory interpretation by the judge of common jurisdiction;
Elements and balanced reasoning;
Trends encountered in the judicial practice.

Quiz: https://shorturl.at/STW14

Quiz: https://shorturl.at/itwI4

Quiz: https://shorturl.at/uxISZ