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Assessment of Albanian courts’ practice in light of the European Convention on Human Rights

Tirana 7 - 8 November 2019
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Assessment of Albanian courts’ practice in light of the European Convention on Human Rights

One of the main obstacles for an effective implementation of the European Convention on Human Rights obligations at the national level is the absence of a harmonised interpretation of the Strasbourg’s Court case law by national courts. In the framework of Council of Europe continuous support for the Albanian justice system, an expert assessment has been initiated to provide a qualitative and quantitative analysis of the application of the Convention by Albanian courts. A team of experts from the Council of Europe visited Albania during 7-8 November 2019 to conduct various meetings and consultations with key representatives from the High Court and Constitutional Court, High Judicial Council, School of Magistrates and University of Tirana.

The final assessment will be made available in February 2020 and will provide detailed and concrete recommendations on how to achieve a more coherent application of the Strasbourg’s Court case law at the national level.

This assessment is part of the Action “Supporting Effective Domestic Remedies and Facilitating the Execution of ECtHR Judgments (D-REX)” which is being implemented in Albania and aims at improving capacities of the judiciary to apply the ECtHR case-law at the national level, as well as to enable legal professionals to effectively apply remedies related to non-enforcement of national judgments.

This Action is funded by the European Union and the Council of Europe and implemented by the Council of Europe in the framework of the programme Horizontal Facility for the Western Balkans and Turkey 2019-2022.

 

 

 


What is the Horizontal Facility II?

The European Union/Council of Europe Horizontal Facility for the Western Balkans and Turkey (Horizontal Facility II) 2019-2022 is a co-operation initiative of the European Union and Council of Europe for the Western Balkans and Turkey. It is one of the results of the Statement of Intent signed on 1 April 2014 by the Secretary General of the Council of Europe and the European Union Commissioner for Enlargement and European Neighbourhood Policy, in which both Organisations agreed to further strengthen their co-operation in key areas of joint interest.

The first phase of the programme included various Beneficiary-specific and regional initiatives and ran from 2016 to 2019. The second phase of the programme (worth €41 million between 2019 and 2022) keeps building on the results of the phase I and broadens the thematic areas to new topics crucial for the Western Balkans region and Turkey – freedom of expression and media.

The second phase of the programme covers Actions in Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia, Serbia as well as Turkey and the regional dimension of the programme is strengthened. The Expertise Co-ordination Mechanism that provides legislative expertise and policy advice within the Council of Europe system remains an important part of the programme available to all Beneficiaries.

 

How long will the Horizontal Facility II last?

The Horizontal Facility is a three-year programme, which is being implemented by the Council of Europe from May 2019 over a period of 36 months. 

 

How much will the Horizontal Facility II cost?

The envelope of this facility amounts to ca. 41 Million EUR (85% funded by the EU, 15% by the CoE).

 

What will the Horizontal Facility II do?

The Horizontal Facility enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with the European standards, including where relevant within the framework of the EU enlargement process. The Horizontal Facility relies on the Council of Europe’s unique working methods, whereby tailor-made technical co-operation activities are based on conclusions and recommendations of the Council of Europe’s monitoring bodies highlight areas where improvements are needed in legislation and policies of the Beneficiaries to comply with the Organisation’s treaties and other standards.

Themes covered by the Horizontal Facility include:

  • Ensuring justice;
  • Fighting economic crime;
  • Combating discrimination and protecting the rights of vulnerable groups (including LGBTI, minorities and Roma) and
  • Freedom of expression and freedom of the media.

All the themes are key priorities of the two Organisations in the Western Balkans region and Turkey.

All Horizontal Facility actions address cross-cutting issues such as gender mainstreaming, protection of minorities and vulnerable groups and foresees the engagement of civil society organisations in the implementation of the Horizontal Facility.

This website has been produced using funds of a Joint Project between the European Union and the Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the European Union or the Council of Europe.

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.