Korça District Court is composed of 14 judges. Fol-

lowing the May 2013 Court Leadership Conference,

the USAID JuST program (JuST), the OSCE Presence

in Albania (the Presence) and the Chief Judge of Kru-

ja District Court agreed to cooperate in a pilot project

aimed at the improvement of access to justice and

increased quality of proceedings, focusing especially

on the strengthening of active case management.

Following a series of positive results from Kruja,

both organizations planned for expansion of the pro-

ject in a second pilot court: Korça District Court. This

was achieved thanks to the full support of the Minis-

try of Justice and High Council of Justice, which did

not hesitate to provide their help in making this initi-

ative more successful.

In May 2014, a reviewing process of the case files in

Korça District Court took place, in order to have a

base-line assessment, with regard to the active

management of proceedings. The results of this

assessment are presented below.

A more active and functional management of the

court proceedings is considered as one of the most

effective solutions to improve judicial proceedings.

Through this project, the Korça District Court aims

to take a series of practical steps to reduce the num-

ber of hearings in civil and criminal trials and to

avoid non-productive hearings.

It results that implementation of these projects is very important, as research conducted by JuST and the Presence have shown that efficiency of court proceedings in the Albanian first instance courts was weak.

Background

The Project started with the conduct of a base-line

study on the efficiency of court proceedings in the

Korça District Court. The purpose of the study was

to collect data, which would serve as a reference for

the implementation of the pilot project. The study

consisted of review of case files decided by the Korça

District Court.

In May 2014, 50 civil and criminal cases were select-

ed. In order to have representing samples, different

categories of cases were selected, based on the most

frequent cases tried by Korça District Court. This

was a random selection of cases, based on the time

they have been concluded during 2013 or 2014.

The main findings of the study have been grouped

in two main categories: 1. Length of trials (referring

to the number of days and hearings) and 2. Produc-

tivity of hearings related to postponed hearings, de-

lays that may be avoided, active actions from judges

and trial participants in order to accelerate proceed-

ings.

As observed from the charts on the right, this is how

the length of trials in days and in hearings has re-

sulted.

Data Analysis

JUSTICE WITHOUT DELAYS PROJECT

Baseline data

The review of court files at the Korça District Court indicates

that a portion of hearings in civil and criminal cases were non-

productive, i.e., hearings where nothing substatial happened for

the solution of the case.

With regard to the civil cases, 35% of the hearings were found

to be non-productive. This percentage is low compared to the

one observed in Kruja (48.8%) and to the percentage indicated

in the OSCE Report Towards Justice (47.7%). In criminal cases,

the percentage of non-productive hearings was 25% (compared

to 51,3% observed in Kruja).

Data Analysis (cont.)

REASONS FOR POSTPONING COURT HEARINGS IN CRIMINAL CASES (N=78 HEARINGS)

REASONS FOR POSTPONING COURT HEARINGS IN CIVIL CASES (N= 120 HEARINGS)

In May 2014 a two-days retreat was facilitated by the project staff

with all the judges and the chancellor of the Korça District Court.

Its purpose was re reflect on the statistics collected in the court on

the efficiency of proceedings. Remedies to avoid unnecessary de-

lays and improve court services were identified by the judges.

The various discussions which were moderated by the honorable

US judge Mr. Truman A. Morrison, from the Supreme Court of

Columbia District, ended with a compilation of a detailed action

plan. Such plan consisted of specific objectives and goals to avoid

non-productive hearings, wasted time and unnecessary delays.

The goal of the court

For civil complex adversarial trials, the

objective of the court is to reduce the

average number of hearings from 5.3, as

indicated in the Base-Line Study, to 4 or 3

hearings.

In relation to criminal cases, in

accelerated trials, the aim is to rule a

decsion within 1 hearing. Such result will

be achived by asking the prosecutor (1)to

submit 5 days prior to the hearing the

completed file and (2) to prepare for

submitting final remarks at the same

hearing.

In complex criminal cases, where

obtaining of witnesses’ testimony, a high

number of notiifications and/or results

from expertise reports are necessary, the

Court will aim to reduce the average

number of hearings from 5, as shown by

the Base-Line Study to 4 or 3 hearings.

Action Plan

May 2014

The judges of the Korça Distirct Court discuss and agree on the

techniques of active case mangement to be applied and on the

modality of their application.

June 2014

Meeting with local interlocutors: Prosecutors of Korça; Local

Immovable Property Registration Office, Local Postal Service;

Detention Institutions; Defence Lawyers; Probation Service

and Local Police in Korça.

June 2014

At this point, the Form for Parties’ Data Collection is utilised.

June 2014

The application of the active case management techniques

starts.

September 2014

Campaign to raise awareness on the project, through

dissemination of brochures and organisation of a launching

event.

Fall 2014

Results achieved until that moment are presented in the

National Judicial Lidership Conference. The activity will be

attended by all chairs of the courts in Albania.

June 2014 – January 2015

Measuring the implementation level of the project. Progress

will be measured continuously.

Actions of the Court

The Chancellor does not accept any lawsuit /claim

submitted to the court desk from the plaintiff or their

lawyer without the accompanying written evidence

necessary for the solution of the case. (Claims

received by mail, are assigned to the respective judge,

and are taken care according to the law).The

Chancellor asks the plaintiff to complete the form

with all respective contact data in order to have a

In conclusion of the retreat with the judges, chancellor,

staff of the Presence, and USAID/JuST, May 2014.

JUSTICE WITHOUT DELAYS IN KORÇA

sucessful notification. The claim is not accepted

without the submission of this form.

Improvement of notifications procedures by applying

new means of notifications such as phone, fax, e-mail,

etc.

Notification of the other party by the party which asks

the trial adjournement on reasonable grounds, and if

not applicable, notification is carried out by the Court.

Measures related to the Korça Police Commissariat

Notify defendants and witnesses prior to the court

hearing, or send the relevant service report to the

court when notification is not made.

Provide the mandatorily escort for witnesses, within

the given deadlines, whenever required by the court.

Respond in writing about any information required by

the court before the next hearing.

Measures related to experts

The expert must be present in each hearing, when re-

quested by the court.

Being in another trial or not having time to carry out the

expertise may not be accepted as reasons for postpone-

ment.

The expertise act must be submitted to the court before

the consecutive hearing and a copy must be made avai-

lable for the parties before the hearing.

Sanctions imposed against non-compliant experts.

Measures related to the Probation Office

Have a representative in trial, when requested by the

court, in order to avoid postponement of hearings.

Make the assessment report for the offender within the

date of the consecutive hearing, and submit it to the

chancellor or present it in the hearing.

Measures related to the Korça Immovable Property

Registration Office

Have a representative in each trial.

Respond, within the date of the consecutive hearing,

about any information or evidence requested by parties

in trial, or, if not, to answer the party in writing about

the reasons of refusal.

Repond with accuracy and on a timely manner to any

request sent by the Court.

Improvement of the preparatory hearings

Assigning experts and witnesses during this hearing, if

necessary.

Parties must exchange their evidence and claims in

writing outside the hearing (through the court). They

will be informed by the court that no new evidence

shall be accepted after the first hearing.

Avoid non-productive hearings.

Court shall impose sanctions on parties that cause un-

justified delays, and shall inform their supervisors.

Measures related to the District Prosecution Office

Prosecutor must be present in every court hearing.

The investigation file must come with the list of defendants

and witnesses, and their accurate and full addresses, as

well as any other contact info available (tel, fax, e-mail,

etc.).

Prosecutor must make sure he/she takes measures for noti-

fications to be made, and required evidence to be submi-

tted.

Measures related to the Detention Institutions

Send the documents requested by the court, submi-

tting them to the chancellor before the court hearing,

or have them presented by their representative(s) in

the hearing.

Have a representative in the trial, whenever requested

by the court.

Provide legal consultation to offenders on the legal

criteria they have to meet in filing a criminal claim.

Activity of Korça Post Office

Mail clerks successfully notify the parties before the

hearing in order to avoid postponement of hearings.

Notify in accordance with Civil Procedure Code and

Criminal Procedure Code requirements (when a party

refuses to receive the notification, or when there is a

witness to be notified).

Make sure a contact form is attached to the summon

and to the evidence of the plaintiff, for the parties to

fill and sign for the court.

Measures related to lawyers

Lawyers are obliged to be present in every hearing.

No requests for postponement shall be accepted by the

court from lawyers unless they provide documented evi-

dence.

The lawyer’s participation in another trial shall not be ac-

cepted by the court as a reasonable cause.

Must make sure they submit the evidence in the first hear-

ing, informing the other party thereof before the hearing.

Explanations about the case must be submitted in writing.

Must fulfil every task assigned by the court before the

next hearing.

The court shall notify the Chamber of Lawyers of Korça

and the National Chamber of Lawyers.

In criminal cases, lawyers shall present their final conclu-

sions in the same hearing with the prosecutor, if possible.

JUSTICE WITHOUT DELAYS IN KORÇA

Before

PROJECT RESULTS

December 2014

This informative leaflet was prepared in the context of the Judicial Development Project of the OSCE Presence in Albania

and the USAID/Strengthening the Justice System Programme (JuST). Its content does not represent necessarily the view-

points of the OSCE Presence in Albania, the USAID or the Government of the United States.

Page 6

“FOR JUSTICE WITHOUT DELAYS”

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