Training Activity on topic: “Methods of research and analysis of judicial issues”

The School of Magistrates, on 6 November, 2024, organized at the School of Magistrates the training activity on topic: “Methods of research and analysis of judicial issues.”

This activity was led by:  

Experts: 

Aida Bushati and  Elsa Toska

Facilitator: Enisa Shahini

The purpose of this training is: 

To be increased knowledge and search and analytical competences of advisors and legal assistants on the purpose of the accomplishment of legal obligations and the facilitation of the work of the judicial body in the direction of the increase of the quality and clarity of judicial sentences. The increase of the capacities of legal writing and reading and of the preparation of documents (memos, opinions, reports, draft-decisions) by legal advisors and assistants. 

The training was realized by combining presentations (up to 20 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises. 

The main purpose of this training activity is as follows: 

• The identification of the duties of legal advisors and legal assistants – the nature of documents  (memos, opinions, draft-decisions);
• Different legal sources (text of the law, international agreements, reports, doctrine, jurisprudence, the precedent of domestic and foreign courts, studies);
• The hierarchy of sources, the role of doctrine and international jurisprudence; 
• The claim of law and of jurisprudence, the use of search platform (qpz, HUDOC, CURIA, etc), gesticulation, face expression, eye contact, body position, emotional state; 
• The identification of constitutional norms and the constitutional analysis of judicial issues;
• Determination and creation of constitutional jurisprudential standards and their use in concrete cases; 
• Binding and persuasive authorities for application in the analysis for the taking of decisions in judicial issues;
• Reasoning and the structure of the judicial decision; 
• The report of the assistant magistrate/legal advisor with judges and judicial administration; 
• The responsibilities of the legal advisor in report with the fair legal process; 
• Techniques of the drafting of legislation, the elements of the form and the content; 
• The role of the legal advisor in the identification and presentation of the key facts; 
• The analysis of the judicial issues. Identification of similar practices, of the jurisprudence of the Constitutional Court and of the High Court as well as of foreign jurisprudence, relevant in the solution of the case.   

In this training activity participated legal advisors and assistants of the Republic of Albania.