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]
Hierarchy
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:
First Instance Courts
District Courts , which have initial jurisdiction for both criminal (excluding serious crimes) and civil (excluding administrative disputes) cases. Their territorial jurisdiction extends to their respective Districts.[3]
Court of First Instance for Serious Crimes, deals with Serious Crimes and has territorial jurisdiction over the entire territory of the Republic of Albania.
Courts of Appeal, which can review the decisions of lower courts for both criminal (excluding serious crimes) and civil (excluding administrative disputes) cases. Their territorial jurisdiction extends to given areas as defined by the
President of Albania.[5]
Court of Appeals for Serious Crimes, which hears appeals for Serious Crimes and has territorial jurisdiction over the entire territory of the Republic of Albania.
Administrative Court of Appeals, which hears appeals for administrative law disputes and has territorial jurisdiction over the entire territory of the Republic of Albania.[6]
Highest Courts
Supreme Court of Albania, which hears appeals through the Civil Chamber, Penal Chamber and Administrative Chamber. In cases of great complexity or when giving a unifying decision for all lower courts to follow, the Supreme Court Judges hold court as part of a Unified Chamber.[7]