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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-1 |
5 December 2024 |
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1514th meeting, 3-5 December 2024 (DH)
H46-1 Luli and Others group v. Albania (Application No. 64480/09) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that the issues examined under these cases concern the excessive length of judicial proceedings in civil and criminal cases and the lack of effective domestic remedies in this respect;
As regards individual measures
2. noted that no further individual measures are necessary in the Gjonboçari and Others, Lacej and Others, Mulla, Zeqo and Seat Sh.P.K., Hamitaj, Vicktoria Sh.P.K., and Vjola Sh.P.K. and De Sh.P.K. cases and adopted Final Resolution CM/ResDH(2024)329;
3. invited the authorities to provide information on the payment of just satisfaction in the recent Iliria S.R.L case and on the state of proceedings concerning the Kola application from the Bara and Kola case, the Kokalari and Luli and Others cases and, where relevant, to take measures to accelerate any pending proceedings;
As regards general measures
4. welcomed the information showing that the proceedings before the Constitutional Court appear to be concluded within a reasonable time and that the significant backlog of cases pending before the Supreme Court started to decrease; noted however with concern the increasing backlog and high average length of proceedings of most of the second-instance courts and the challenges still affecting the work of some of the first-instance courts, related to high proportion of vacancies for judges and other staff;
5. welcomed, in this context, the near completion of the vetting at first instance; called upon the authorities to ensure the completion of appeal proceedings in vetting cases before the constitutional deadline of June 2026;
6. welcomed further that the Constitutional Court and the Supreme Court function in full composition and noted with interest the progress made with filling judicial vacancies; invited the authorities to deploy all means to speed up judicial appointments, including through additional budgetary funds and to clarify whether additional steps are necessary for ensuring sufficient intake of the National School of Magistrates, or any transitional measures; invited them also to ensure adequate distribution of judicial appointments, workload and support by judicial administration staff to the most overburdened courts;
7. noted also with interest the significant and complex measures implemented (such as a reform of the judicial map) or ongoing (such as strategy for reduction of the backlog and work on case-management systems), which could improve the efficiency of the courts pending their full staffing with judges;
8. welcomed and encouraged authorities’ engagement in cooperation activities, particularly the joint European Union/Council of Europe project “Strengthening the Quality and Efficiency of Justice in Albania” (SEJ IV);
9. invited the authorities to provide information on all the above aspects by 31 August 2025, including relevant statistical information and detailed information on the functioning of the domestic remedies, while taking into account the questions and aspects identified in the analysis of the Secretariat.