Albania • Politicsportal |
The Judiciary of Albania interprets and applies the law of Albania. Albania's judicial system is a civil law system divided between courts with regular civil and criminal jurisdiction and administrative courts. Albanian law is codified and based on the French law. It is governed by the High Council of Justice (Këshilli i Lartë i Drejtësisë), and its management is aided by the office of the President of Albania, the Ministry of Justice, and the various courts chairpersons.
The judiciary is defined under the Constitution (Kushtetuta) and Law with a hierarchical structure, with the Constitutional Court (Gjykata Kushtetuese) and the Supreme Court (Gjykata e Lartë) at the apex. The District Courts (Gjykatat e Rrethit Gjyqësor) are the primary trial courts, and the Courts of Appeal (Gjykatat e Apelit) are the primary appellate courts.
The judiciary faces many problems and a widespread lack of confidence but is making progress in recent times. There have been serious violations of the accepted separation of powers doctrine, systematic attempts to undermine trials, problems with access to justice, problems with court infrastructure and financial support, and corruption. [1] But the 2016 Judicial System Reform aims to reform the system and bring upon a fairer and more efficient administration, a strengthening of the rule of law, the vetting and cleansing of the system of corrupt judges, etc. [2]
Articles 135 - 145 of the Constitution of the Albanian Republic provide the basic framework for the organization of the Courts System. These provisions, coupled with applicable laws have given rise to the following system:
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.
In most legal jurisdictions, a supreme court is the highest court within the hierarchy of courts. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty.
The courts of appeal are the main appellate courts in the judicial system of Belgium, which hear appeals against judgements of the tribunals of first instance, the enterprise tribunals and the presidents of those tribunals in their judicial area. There are five courts of appeal for each of the five judicial areas, which are the largest geographical subdivisions of Belgium for judicial purposes. The division of the Belgian territory into the five judicial areas is laid down in article 156 of the Belgian Constitution. A judicial area covers multiple judicial arrondissements ("districts"), except for the judicial area of Mons. Each arrondissement has a tribunal of first instance. Further below, an overview is provided of the five courts of appeal and the judicial arrondissements their judicial area covers. It is important to note that the courts of appeal do not hear appeals against judgements of the labour tribunals; these are heard by the courts of labour.
The Judiciary of Indonesia constitutionally consists of the Supreme Court of Indonesia, the Constitutional Court of Indonesia, and the lesser court system under the Supreme Court. These lesser courts are categorically subdivided into the public courts, religious courts, state administrative courts, and military courts.
The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.
The judiciary of Italy is a system of courts that interpret and apply the law in the Italian Republic. In Italy, judges are public officials and, since they exercise one of the sovereign powers of the State, only Italian citizens are eligible for judgeship. In order to become a judge, applicants must obtain a degree of higher education as well as pass written and oral examinations. However, most training and experience is gained through the judicial organization itself. The potential candidates then work their way up from the bottom through promotions.
The Supreme Court of the Republic of Albania is the highest court of Albania and is the final court of appeals in the country's judicial system. It is composed of seventeen judges: the Chief Justice and sixteen Members.
The judiciary of Belgium is similar to the French judiciary. Belgium evolved from a unitary to a federal state, but its judicial system has not been adapted to a federal system.
The Judiciary of Kosovo is the collection of the central Kosovo institutions that exercises judicial authority in Kosovo. According to the 2008 Constitution of Kosovo, the judicial system is composed of the Supreme Court and subordinate courts, a Constitutional Court, and an independent prosecutorial institution. The courts are administered by the Kosovo Judicial Council.
The law of Cyprus is a legal system which applies within the Republic of Cyprus. Although Cypriot law is extensively codified, it is still heavily based on English common law in the sense that the fundamental principle of precedent applies.
The Judiciary of Burundi is the branch of the Government of the Republic of Burundi which interprets and applies the laws of Burundi to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.
The superior courts of justice, or high courts of justice, are courts within the judicial system of Spain, whose territorial scope covers an autonomous community, as laid down in the Organic Law of Judicial Power.
The Judiciary of the Netherlands is the system of courts which interprets and applies the law in the Netherlands.
The Administrative Courts are an integral part of the Judicial system of Albania, in that they deal with administrative law disputes, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law and they are separate from Courts of General Jurisdiction, such as the District Courts. The Administrative Court System is a relatively new addition to the Court System of Albania, having been established in 2012, by virtue of Law no. 49/2012 "On the organization and functioning of administrative courts and administrative disputes".
The Supreme Court of the Dominican Republic is the highest court existing in the Republic and is, therefore, the head of the judiciary in the country.
The Judiciary of Azerbaijan exercises judicial power separately from the legislative power of parliament and executive power of the president.
In Poland, the common courts, according to article 177 of the Constitution, are the courts of general jurisdiction, i.e. they rule on all cases in which the jurisdiction has not been explicitly transferred to other courts. This includes a broad range of cases, including civil, criminal, labour, economic and insurance law. The other types of courts recognised in Poland are administrative courts and military courts. The territorial jurisdiction of these courts and their creation is regulated by the minister of justice.