Temat: appeal procedure - Katalog OPAC zbiorów

Skocz do pozycji: 1.

Tytuł:: Individual Assessment of Judges in Albania - A General Overview and Comparative Analysis of Career Advancement and Reward Systems Based on Performance Evaluation
Autorzy:: Malaj, Alaudin
Powiązania:: https://bibliotekanauki.pl/articles/1036562.pdf
Data publikacji:: 2015
Wydawca:: Academicus. International Scientific Journal publishing house
Tematy:: legal procedure
personal assesment of judges
professional assesment of judges
judiciary personnel and organization
appeals
appeal courts
Opis:: Assessment of judges in itself is one of the criteria in relation to the establishment of specific rules for the career of judges, creation of a healthy judicial system and a proper one. Professional Assessment process of judges based on objective, clear and transparent criteria, has a great importance for the consolidation of judicial power, because on its base, transfer and promotions of judges are performed only on the basis of individual merit. Considering the fact that the approximation of the Albanian legislation with the European one, has become a task of the Albanian legislator, the draft “On the evaluation system of judicial activity in RA” deserves special attention.This article takes in a comparative analysis the current law “On the individual assessment of judges in Albania” and the draft law “On the evaluation system of judicial activity in RA”. The main attention of the analysis focuses on some basic elements for evaluation of the judges, pointing to some basic procedures relevant and necessary in relation to the performance and their role in the process of administering justice in our country. In the analysis of this draft law we will mainly focus on the establishment of procedures, principles and criteria for professional and ethical assessment of the judges of courts of first instance and courts of appeal that predicts the draftlaw. In the following the article is focused on a comparative view of the assessment criteria, according to the Italian model. Analysis of the Italian system of individual assessment of judges may highlight on some the practical aspects of the most suitable model of assessment to be implemented in Albania.
Źródło:: Academicus International Scientific Journal; 2015, 12; 94-119
2079-3715
2309-1088
Pojawia się w:: Academicus International Scientific Journal
Dostawca treści:: Biblioteka Nauki

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Skocz do pozycji: 2.

Tytuł:: Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation
Autorzy:: Skenderaj, Klodjan
Mëngjesi, Sokol
Powiązania:: https://bibliotekanauki.pl/articles/1036329.pdf
Data publikacji:: 2014
Wydawca:: Academicus. International Scientific Journal publishing house
Tematy:: code of criminal procedure
the Constitution
the defendant
the defendant's lawyer
the defendant tried in absentia
the European Convention on Human Rights
preliminary investigations
the appeal of the defendant
in the first trial
trial in Appeal Court
trial in Supreme Court
human rights
Opis:: A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice’s bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR) in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it’s the only way to achieve the highest degree of democratization of the criminal proceedings.
Źródło:: Academicus International Scientific Journal; 2014, 09; 200-212
2079-3715
2309-1088
Pojawia się w:: Academicus International Scientific Journal
Dostawca treści:: Biblioteka Nauki

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