In the context of the Program of Continuous Formation, the School of Magistrates, organized on 27 February, 2024 the training activity on topic: 

“Conventional and constitutional control by the judge of common jurisdiction: The role of the common judge for the direct application of conventional and constitutional standards, of the jurisprudence of the ECtHR and of the CC; binding and convincing authority in the jurisprudence of the ECtHR and the ECJ; the reasoning in judicial sentences and conciliatory interpretation; elements and balanced reasoning; The control through the putting into motion of the constitutional judgment; conditions, criteria and its effects into the guaranteeing of the rule of law.”

 

The panel in this training activity is composed of:     

Mr. Sokol Sadushi, expert;

Mr. Adrian Shega, facilitator.

 

The main purpose of this training activity is as follows: 

  • To analyze the conventional and constitutional control by the judge of common jurisdiction: The role of the common judge for the direct application of conventional and constitutional standards, of the jurisprudence of the ECtHR and of the CC; binding and convincing authority in the jurisprudence of the ECtHR and the ECJ; the reasoning in judicial sentences and conciliatory interpretation; elements and balanced reasoning; The control through the putting into motion of the constitutional judgment; conditions, criteria and its effects into the guaranteeing of the rule of law.”

 

 In this activity were elaborated various topics such as:

  • The direct application of the constitution;
  • Illegitimacy as unconstitutionality; 
  • The role of  the judge of common jurisdiction;
  • The control of the conventionality of laws; 
  • The control of sub-legal normative act; 
  • The normative act between two jurisdictions; 
  • Normative act through the jurisdiction of the Administrative Court of Appeal and of the Constitutional Court; 
  • The concept of the constitutional control by the courts;
  • Conditions to initiate the control; 
  • Case laws. 

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