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By Brikena Kasmi/ The duration of court proceedings after 2016 has doubled

2023-05-02 13:24:00, Editorial CNA

Illustrative photo

The duration of court proceedings after 2016 has doubled.

Currently, according to the statistics in the judiciary (official website hudda.gov.al):

- The Court of Appeal has a total of 26 judges. 26 judges judge in panels of 3 and 5 judges.

They form 9 judicial bodies for ordinary cases. A panel may consider up to 4 cases per day. This does not include cases with more than one court session in Appeal.

- 9 X 4 issues/day make 28 issues/day

- 10 months x 4 weeks/month from which they make 20 days/month making 200 total trial days per year.

- 200 days × 28 cases make 5600 cases per year.

- The total number of cases on 29.4.2023 awaiting trial at the Court of Appeal is 40,305.

This total does not include the redistricting of all pending cases from the Courts of Appeal that are being suppressed.

- Nearly 88% of cases in the Court of Appeal usually have a trial duration of over 2 years over 721 days.

For analysis effect we are supporting analysis only on normal issues. Statistics in the Court of Appeal, 31900 cases for over 721 days for 3.6 years (for one case).

- If approximately 5,600 cases are currently judged in a year with the usual procedure, 40,305 cases will be judged in 7 years. (40300/5600)

- Currently, the Court of Appeal is judging the cases registered in the years 2016-2917 (about 5-6 years ago). At this rate, the usual duration of a case in Appeal is 5-6 years.

- The statistics in the Court of first instance show that out of 1000 cases, about 766 cases - usually have a trial duration of more than 2 years, more than 721 days (over 80 percent of cases require more than 2 years of trial at first instances).

- Court of first instance Tirana, criminal cases last up to 1 year, while civil cases currently last 2-3 years.

- Statistics in the Supreme Court show that for the year 2022, 12,193 cases were judged.

- In total, there are 40,000 cases in GJL, (not counting the new flows, but only the evasion of current cases takes 3.2 years (40,000/ 12193).

So far, with the statistics declared for the 3 levels of trial, in the usual procedure a party needs about 13 years (3+7+3).

This statistic is only for the usual procedure, which does not include retrials of competence, jurisdiction, returns for retrial, incidental trials, or suspensions and retrials due to the resignation of the judge)

Before 2013, ordinary procedure cases lasted 5-7 years at all three trial levels. As it was shown with the usual procedure after 2013, the cases already last 10-13 years. While cases with non-ordinary procedure before 2013 lasted (add 30 percent of the time) 7-12 years. While after 2013 (add 30 percent of the time) they will last 17-22 years).

Here below we are giving an example of how the situation was before 2013 for an unusual issue (maximum deadlines).

The unifying issue Merushe Shpata: (25.1.2011 – 22.7.2021 total 10.5 years).

The lawsuit was filed in the Tirana Judicial District Court on 25.01.2011. From the documents of the trial it was found that the plaintiff, for years, has been treated for some kind of illness and, being unable to work, has turned to the defendant to recognize the degree of disability and assign the amount of the respective social protection.

With Decision no. 173, dated 01.11.2010, the Work Capability Determination Commission at the Tirana Regional Directorate of Social Insurance has determined the plaintiff as incapable of light work.

The plaintiff did not agree with this decision, claiming that the conclusion of the administrative body is wrong and that she should be determined to be incapable of work according to the law. The plaintiff was treated with a disability pension from 2004 to 2010. The administrative appeal of the plaintiff was not accepted by Decision no. 44, dated 21.12.2010 of the Commission for the Assignment of Skills for Higher Work, at the Institute of Social Insurance (hereinafter KMCAP).

Under these conditions, the plaintiff has addressed the court, requesting the annulment of the decision of the regional commission and KMCAP and her determination as a disabled person of the second group.

The Court of the Judicial District of Tirana with Decision no. 10751, dated 09.11.2012 decided:

"Acceptance of the claim. Annulment of Decision no. 173, dated 01.11.2010 of the Commission for Assignment of Skills for Work at the Regional Directorate of Social Security in Tirana and Decision no. 44 , dated 21.12.2010 of the Commission for the Assignment of Skills for Higher Work at the Institute of Social Security. The obligation of the defendant, the Tirana Regional Directorate of Social Security, to pay the plaintiff the disability pension as a person unable to work, from 01.11.2010 to 01.11.2011, to the extent that he had when he terminated it." .

Tirana Court of Appeal with Decision no. 687, dated 04.03.2014 decided: "To declare the incompetence of the Tirana Court of Appeal for the trial of civil case no. 223 act, dated 01.02.2013 and sending the acts to the competent court, the Administrative Court of Appeal in Tirana .

Tirana Administrative Court of Appeal with Decision no. 2318, dated 05.06.2014 decided:

The entry into force of Decision no. 10751, dated 09.11.2012 of the Court of the Judicial District of Tirana."

The Administrative College of the Supreme Court (hereinafter the College) has planned the trial of this case in the consultation room on 12.10.2020 and with an incidental trial has decided to take the clarification of some legal issues to the Constitutional Court.

With decision no. 55, date 31.03.2021 of the Meeting of Judges of the Constitutional Court, it was decided not to withdraw the case for consideration in the plenary session and to return it for the continuation of the trial of the case to the Supreme Court.

The Administrative College of the Supreme Court on 22.7.2021 DECIDED The entry into force of decision no. 2318, dated 05.06.2014 of the Tirana Administrative Court of Appeal./ CNA.al