Proposed Amendments to the Albanian Civil Procedure Code

Key highlights of the proposed changes include:

Additional cases when the Court of Appeal can adjudicate with a single judge

The Court of Appeal will hear cases with a single judge, including appeals against the decisions of the First Instance Court for requests for withdrawal from judgment and waiver of the right to file a lawsuit, as well as requests for withdrawal from the trial or appeal, or special appeals presented to the Court of Appeal, and special appeals against decisions rejecting requests for secondary legal assistance.

Additions to the acts that constitute enforcement titles

The proposed amendments expand the acts that constitute enforcement titles, which include:

1. Agreements upon which spouses give mutual consent for the dissolution of their marriage, confirmed by their lawyers and officially notarized in accordance with the provisions of the Family Code;
2. Enforcement titles issued by public officers or legal entities of public law designated as such by law, or decisions that are legally granted the effect of a ruling;
3. Mediation agreements;
4. In the notarial acts, in addition to the notarial acts related to loans from banks or non-bank financial institutions, including notarial acts that have an enforceable form.

Innovations in the competence to issue the enforcement order

The proposed changes to the Civil Procedure Code clearly define the bodies responsible for issuing enforcement orders to expedite and simplify procedures:

1. The Court that recognizes the decision issues the enforcement order for foreign court decisions and foreign arbitration court rulings, including them in the mandatory part of the decision.
2. The judge in the advisory chamber issues the enforcement order for all other enforcement titles not included in specific categories.
3. The notary issues the enforcement order for notarial acts with an enforceable form and acts related to loans from banks or non-bank financial institutions.
4. Public officers, bodies, or legal entities of public law issue the enforcement order for enforcement titles issued by them, when these are defined by law as such.
5. The Court that issued the decision issues the enforcement order for final civil and criminal decisions, including decisions on obligations, securing claims, provisional enforcement, and property matters.

Another innovation is that no enforcement order will be issued for unpaid tax invoices issued by public or private legal entities to each other when they are issued in accordance with the applicable legislation, accepted by the other party, or not rejected within the statutory deadline. Additionally, no enforcement order will be issued for unpaid tax invoices issued to consumers by public or private legal entities. These invoices will be enforced directly by the enforcement service, after notifying the enforcement title.

Introduction of a solemn formula

As part of the proposed changes to the Civil Procedure Code, the legislator has introduced a solemn formula that will be used for issuing the enforcement order, which is included in the new article 511/1:

“For other enforcement titles, the enforcement order is issued by placing the following statement in an original or certified copy of the enforcement title:

'IN THE NAME OF THE REPUBLIC'

“We order all judicial bailiffs who will be requested, as well as anyone who is legally required to enforce this enforcement title, to provide assistance, and all public order officers to assist when legally requested.

Subsequently, the name, surname, and signature of the person authorized to issue the enforcement title are placed, as well as the seal of the institution or public legal entity that issued it.”

Requests for issuing a duplicate Enforcement Order, according to this draft law, will be reviewed in the advisory chamber.

In conclusion, the transitional provisions proposed in the draft law amending the Civil Procedure Code establish specific rules for handling civil matters in progress at the time the changes take effect. In particular:

• Cases currently under review by a panel of three judges, which under the new law could be adjudicated by a single judge, will continue to be handled by the same judicial panel.
• Cases awaiting review in the Court of Appeal that have not yet been heard, and for which the new law mandates adjudication by a single judge, will be handled according to the new provisions.
• Cases in process at the First Instance Court on the date the changes come into force will continue to be adjudicated under the provisions of the law in effect at the time the lawsuit was filed.

These provisions aim to ensure a smooth transition from the previous rules to the implementation of the new provisions, avoiding interruptions and uncertainties in existing judicial processes.

By Bora Bregu, Legal Associate, Lalaj & Partners