One day after the formal declaration of the state of natural disaster in Albania, the Albanian Government approved yesterday on 25 March 2020, a Normative Act introducing special measures in respect of court proceedings for the duration of the epidemic cause by Covid-19. This Normative Act follows two consecutive announcements of the High Council of the Judiciary which had suspended all court activity and services in Albania until at least 7 April 2020 except for urgent court proceedings such as ordering of security measures etc.

Postponement of deadlines

According to the Normative Act:

• Hearings in administrative, civil and criminal cases will be postponed until the state of the epidemic caused by the spread of Covid-19 ends.
• Deadlines for filing lawsuits, appeals as well as any procedural action in administrative, civil, and criminal will be suspended. When deadlines begin during the suspension period, they will be postponed until the end of the epidemic.

The above mentioned measures are not applicable:

• In administrative cases for taking preliminary injunction, when the court assesses that a delay may cause a serious and irreparable damage.
• In family cases related to custody and adoption, to taking protective measures against domestic violence, exercise of parental responsibility, food obligations and any other cases when the court estimates that a delay may cause serious irreparable damage to the parties.
• In criminal cases related to the evaluation of felony arrest or detention order, replacement, revocation, unifying or abolishing of security measures.
• In criminal cases, in which the maximum term of detention ends during the period of suspension.
• In criminal cases of an urgent nature due to the need to provide evidence, cases in charge of minors in conflict with the law and in any other criminal case if the imprisoned defendant or his defence counsel demands the continuation of the trial.

Limitation of interaction with the public

In addition, the Normative Act provides certain obligations of the court to limit interaction with the public by following these measures:

• Restrict public access to court premises, but in the same time guarantee access to individuals who must perform urgent activities;
• Enable telephone or electronic communication, ensuring that users can use the services within a specified time;
• Establish guidelines on the restriction and manner of movement of persons in the court premises;
• Hold all court hearings behind closed doors; judges should apply the document-based hearings in administrative and civil cases, in which no attendance is required, enabling the use of electronic means of communication for the submission of procedural acts.

Organization of remote court hearings

• The participation of defendants and their legal representatives in all court hearings during the duration of the epidemic must be made possible through remote audio-visual interconnection, using appropriate computer programs for this purpose;
• The remote interconnection should ensure in every moment simultaneous visibility of persons present in both related places and the opportunity to be heard by all sides.
• The General Directorate of Prisons and the High Judicial Council will be the authorities responsible for providing the required infrastructure to enable the remote interconnection.

The information provided in this newsletter is general in nature and does not constitute legal advice. CR PARTNERS SHPK cannot assume any liability in respect thereof.