Training Activity on topic: The subsidiary role of the judge in the common judgment in the examination of claims of constitutional nature. The role of the judge in the common judgment about the conciliatory interpretation of laws

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 20 October, 2023, the training activity on topic: 

“The subsidiary role of the judge in the common judgment in the examination of claims of constitutional nature. The role of the judge in the common judgment about the conciliatory interpretation of laws.”

The panel in this training activity is composed of:

• Mrs. Holta Zaçaj, expert;
• Mrs. Elsa Toska, expert;
• Mr. Olti Skrame, facilitator.

In this activity were elaborated various topics such as:

• The subsidiary role of the judge in the common judgment in the examination of claims of constitutional nature; 
• Constitution – ECHR and similar doctrines;
• Techniques of the reasoning of judgments and relation with the principle of subsidiarity under the Constitutional Court;
• The role of the judge in the common judgment about the conciliatory interpretation of laws;  
• The interpretation of the law by the judge from the historical point of view;
• The boundary between the interpretation of the norm and the creation of a new norm;
• Competences of the judge in the interpretation of laws;
• Conciliatory interpretation – presumption of the constitutionality of the norm;
• Conciliatory interpretation in cases when the norm could be interpreted in more than a way;
• Criteria for the initiation of the incidental control, (Articles 134/1/d  and 145/2 of the Constitution);
• The function of the High Court and of the Constitutional Court;
• General rules regarding the incidental judgment;
• Criteria for the legitimating of the common court, in the incidental trial;
• Key decisions of the Constitutional Court, after the successful investigation through the incidental trial;
• Discussions.