Justice without delays



Contract partner: OSCE / Organization for Security and Co-operation in Europe Country: Albanien Funding amount: € 231.000,00 Project start: 01.03.2016 End: 31.12.2019

Short Description:

Overall goal


The nation-wide Justice Without Delays initiative seeks to improve the efficiency of proceedings in all district courts in Albania. It will profit from the trust and reputation which the OSCE Presence in Tirana (OSCE) has established with the courts, and will build on successful experiences, established intra-district co-operation, peer-to-peer mentoring, and will foster strong co-operation with the appellate courts and local institutions.


Expected results


Key Results:

• Knowledge of about 1500 justice professionals, such as court administrators, judges, chancellors, judicial administration staff, practicing lawyers, prosecutors, young lawyers and magistrates on conducting efficient proceedings is improved

• 20% reduction of the number of hearings in civil and criminal cases in each district court

• 10% decrease in the length of first instance proceedings


Target group / Beneficiaries


Direct beneficiaries of the initiative will be approximately 30 court administrators (out of which 6 female court administrators), 320 judges (155 female judges), 180 lawyers and 200 prosecutors, the School of Magistrates (60 students) and the School of Advocates (300 students) .

The Ministry of Justice, the High Council of Justice and agencies working with the courts and Albanian citizens as a whole will benefit indirectly from the project, especially through improvements triggered in the justice system.


Activities


In particular, the OSCE will encourage judges and court staff to increase the efficiency of trials by:

• Introducing practical measures to improve the efficiency of proceedings in 18 district courts in Albania;

• Fostering co-operation between the courts and local institutions;

• Involving educational institutions and high level authorities in the justice sector to ensure the sustainability of the initiative through the training of justice professionals on the conduct of efficient proceedings; and

• Supporting durable mechanisms to ensure the efficiency of proceedings at the institutional level.


Context


Delays in judicial proceedings remain a concern of high importance in Albania. Inefficient proceedings, in addition to potentially undermining the citizens’ right to access justice and their right to a trial within a reasonable time, create public mistrust towards the judiciary and increase opportunities for graft.

As observed by the OSCE in the "Towards Justice" report, on average civil trials are concluded in more than 280 days or 10.5 court hearings, with 47.7% non-productive hearings. The report also formulated a series of practical recommendations, including the adoption of active case management techniques by the courts. On the basis of the recommendations of its trial-monitoring report, the OSCE successfully piloted in 2014 an initiative to increase the efficiency of proceedings through the adoption of active case management measures in the Kruja, Korça, Puka and Tropoja district courts. In light of the positive results achieved by the pilot courts, the OSCE seeks to extend the Justice Without Delays initiative to all first instance district courts in the country.

project number 8334-00/2016
source of funding OEZA
sector Staatsführung & Zivilgesellschaft, allgemein
tied
modality Project-type interventions
marker Democracy: 2
  • Policy marker: are used to identify, assess and facilitate the monitoring of activities in support of policy objectives concerning gender equality, aid to environment, participatory development/good governance, trade development and reproductive, maternal, newborn and child health. Activities targeting the objectives of the Rio Conventions include the identification of biodiversity, climate change mitigation, climate change adaptation, and desertification.
    • 1= policy is a significant objective of the activity
    • 2= policy is the principal objective of the activity
  • Donor/ source of funding: The ADA is not only implementing projects and programmes of the Austrian Development Cooperation , but also projects funded from other sources and donors such as
    • AKF - Foreign Disaster Fund of the Austrian federal government
    • BMLFUW - Federal Ministry for Agriculture, Forestry, Environment and Water
    • EU - Funds of the European Commission
    • Others - various other donors are listed in ADA’s annual business report.
  • Type of Aid – Aid modalities: classifies transfers from the donor to the first recipient of funds such as budget support, core contributions and pooled programmes and funds to CSOs and multilateral organisations, project-type interventions, experts and other technical assistance, scholarships and student costs in donor countries, debt relief, administrative costs and other in-donor expenditures.
  • Purpose/ sector code: classifies the specific area of the recipient’s economic or social structure, funded by a bilateral contribution.
  • Tied/Untied: Untied aid is defined as loans and grants whose proceeds are fully and freely available to finance procurement from all OECD countries and substantially all developing countries. Transactions are considered tied unless the donor has, at the time of the aid offer, clearly specified a range of countries eligible for procurement which meets the tests for “untied” aid.