The Bar Association was established in 1990 (Law No. 7382 “For the Representation of Interests in the Socialist People`s Republic of Albania” and amendment of Articles 9, 10 and 14 of the Code of Criminal Procedure by Law No. 7387, both of 8.5.1990). Prior to the establishment of the Bar Association, defendants (and others who needed legal advice) were assisted by legally trained officials (“advisers”), as provided for in Decree No. 4277 of 20.7.1967. The authorities of these consultants did not extend to the investigation phase. USAID uses cost-effective tools such as audio recording technology and inter-agency cooperation to strengthen the Albanian justice system and address complex issues such as corruption and access to justice. As a result of these two interventions, judges are better able to carry out their duties. Mbaresa Veleshnja Gentry holds a Bachelor`s degree in Political Science from the University of Tirana, Albania (1977).

From 1994 to the present day, she is an independent editor of legal directories for Albania (in Albanian and English) and Kosovo (in Albanian, English and Serbian). Other publications include Albania Law Reports (subscription) and Kosovo Law Reports (commissioned by ABA/CEELI, which widely distributes the report in Kosovo). Publications (books): Index of Legal Acts of Albania 1985 – 2002 (English and Albanian); Civil Code, Code of Civil Procedure, Code of Criminal Law and Criminal Procedure of Albania (in Albanian); Tax collection (English and Albanian); Composition of real estate (Albanian); Loose leaf system (limited to trade legislation, in Albanian). The judicial system consists of district courts, six courts of appeal and a Supreme Court or Court of Cassation. District courts are trial-level courts from which an appeal can be lodged with the Court of Appeal and then with the Court of Cassation. At each of the three levels, the courts are divided into civil, criminal and military chambers. The judges of the Supreme Court sit for 7 years. Articles 135 to 145 of the Constitution of the Republic of Albania provide the basic framework for the organization of the judicial system. These provisions, together with the laws in force, have led to the following system: the Superior Council of the Judiciary consists of 15 members – the President of the Republic, who presides over the Superior Council of the Judiciary, the Supreme Judge of the Supreme Court, the Minister of Justice, three members elected by the Assembly and nine judges from all levels of the judicial system, elected by the National Judicial Conference. The justice system faces many problems and a widespread lack of self-confidence, but has recently made progress. There have been serious violations of the accepted doctrine of separation of powers, systematic attempts to undermine trials, problems of access to justice, problems of judicial infrastructure and financial support, and corruption.

[1] But the 2016 judicial reform aims to reform the system and establish a fairer and more efficient administration, strengthening the rule of law, reviewing and cleaning up the system of corrupt judges, etc. [2] After the installation of the recording devices, USAID offered practical training to each judge, court secretary, Court Chancellor and IT Specialist in Albania; and general training for lawyers and prosecutors. The technology has also been installed at the School of Magistrates and the Faculty of Law of the University of Tirana to allow future lawyers to get involved in this technology. Despite the insufficient number of courtrooms, President Enkeledi Hajro of the Tirana District Court, Albania`s largest court, is trying to capture as many trials as possible. However, a problem had to be solved. Nearly 50 per cent of hearings before the Tirana District Court were postponed due to a flawed notification system in which no judicial notice was sent to the appropriate defendants and witnesses. Definition: This entry contains a description of a country`s legal system. For a number of countries, a declaration on judicial review of legislative acts is also included. The legal systems of almost all countries are generally based on elements of five main types: civil law (including French law, Napoleonic code, Roman-Dutch law and Spanish law); Common law (including U.S. law); customary law; mixed or pluralistic law; and religious law (including Islamic law).

Another type of legal system – international law, which governs the conduct of independent nations in their relations with each other – is also discussed below. The following list describes these legal systems, the countries or regions of the world where these systems are applied, and a brief explanation of the origins and main characteristics of each system. Civil law – The most widespread type of legal system in the world, applied in various forms in about 150 countries. The civil law system, also known as European continental law, is derived primarily from the Roman Corpus Juris Civilus, a collection of laws and interpretations of law compiled under the Eastern Roman Emperor Justinian I between 528 and 565 AD. The main feature of civil law systems is that laws are organized into systematic written codes. In civil law, the sources recognized as authoritative are mainly legislation – especially codifications in constitutions or laws promulgated by governments – and secondarily custom. In some countries, civil law systems are based on more than one code. Common Law – A type of legal system, often synonymous with “English common law”, which is the system of England and Wales in the United Kingdom and is also in force in about 80 countries that were once part of the former British Empire or were influenced by it. English common law reflects biblical influences as well as remnants of legal systems imposed by early conquerors such as the Romans, Anglo-Saxons and Normans. Some jurists attribute the formation of the English common law system to King Henry II (r. 1154-1189). Until the time of his reign, the laws that were common in the various seigneurial and ecclesiastical (ecclesiastical) jurisdictions of England were administered locally.

Henry II established the king`s court and determined that the laws were “common” for the entire English Empire. The basis of English common law is a “legal precedent” – called stare decisis, which means “to stick to things decided”. In the English common law system, court judges are largely bound in their decisions by rules and other doctrines developed – and supplemented over time – by judges of earlier English courts. Customary law – A type of legal system that serves as the basis or has influenced current laws in about 40 countries – mainly in Africa, but some in the Pacific Islands, Europe and the Middle East. Customary law is also referred to as “primitive law”, “unwritten law”, “indigenous law” and “people`s law”. There is not a single history of customary law as found in Roman civil law, English common law, Islamic law or the Napoleonic civil code. The first legal systems of human society were common and generally developed in small farming and hunter-gatherer communities. As the term suggests, customary law is based on the customs of a community. The common characteristics of customary systems are that they are rarely written, that they embody an organized set of rules that govern social relations, and that they are agreed upon by the members of the community. Although these legal systems provide for sanctions for violations of the law, the solution is conciliatory rather than punitive. A number of African states practiced customary law centuries before colonial influences. After colonization, these laws were written and incorporated to varying degrees into the legal systems imposed by their colonial powers.

European Union Law – A sub-discipline of international law known as “supranational law” in which the rights of sovereign nations are limited in relation to each other. Also known as European Union law or COMMUNITY law, it is the unique and complex legal system that works with the laws of the 27 member states of the European Union (EU).