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The Judiciary of Albania interprets and applies the law of Albania. Albania's judicial system is a civil law system divided between courts with regular civil and criminal jurisdiction and administrative courts. Albanian law is codified and based on the
French law The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is ...
. It is governed by the High Council of Justice ''(Këshilli i Lartë i Drejtësisë)'', and its management is aided by the office of the
President of Albania The president of Albania ( sq, Presidenti i Shqipërisë), officially styled the President of the Republic of Albania ( sq, Presidenti i Republikës së Shqipërisë), is the head of state, commander-in-chief of the military and the representa ...
, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just ...
, and the various courts chairpersons. The judiciary is defined under the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
''(Kushtetuta)'' and Law with a hierarchical structure, with the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
''(Gjykata Kushtetuese)'' and the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
''(Gjykata e Lartë)'' at the apex. The District Courts ''(Gjykatat e Rrethit Gjyqësor)'' are the primary trial courts, and the
Courts of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
''(Gjykatat e Apelit)'' are the primary appellate courts. The judiciary faces many problems and a widespread lack of confidence but is making progress in recent times. There have been serious violations of the accepted separation of powers doctrine, systematic attempts to undermine trials, problems with access to justice, problems with court infrastructure and financial support, and corruption. But the 2016 Judicial System Reform aims to reform the system and bring upon a fairer and more efficient administration, a strengthening of the rule of law, the vetting and cleansing of the system of corrupt judges, etc.


Hierarchy

Articles 135 - 145 of the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
of the
Albanian Republic Albanian may refer to: *Pertaining to Albania in Southeast Europe; in particular: **Albanians, an ethnic group native to the Balkans **Albanian language **Albanian culture **Demographics of Albania, includes other ethnic groups within the country ...
provide the basic framework for the organization of the Courts System. These provisions, coupled with applicable laws have given rise to the following system: ;First Instance Courts: * '' District Courts'' , which have initial jurisdiction for both criminal (''excluding serious crimes'') and civil (''excluding administrative disputes'') cases. Their territorial jurisdiction extends to their respective Districts. * ''Court of First Instance for Serious Crimes'', deals with Serious Crimes and has territorial jurisdiction over the entire territory of the Republic of Albania. * '' Administrative Court of First Instance'', there are 6 Courts dealing with administrative law disputes, each responsible for their respective District. ; Intermediate Courts: * ''
Courts of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
'', which can review the decisions of lower courts for both criminal (excluding serious crimes) and civil (excluding administrative disputes) cases. Their territorial jurisdiction extends to given areas as defined by the
President of Albania The president of Albania ( sq, Presidenti i Shqipërisë), officially styled the President of the Republic of Albania ( sq, Presidenti i Republikës së Shqipërisë), is the head of state, commander-in-chief of the military and the representa ...
. * ''Court of Appeals for Serious Crimes'', which hears appeals for Serious Crimes and has territorial jurisdiction over the entire territory of the Republic of Albania. * ''Administrative Court of Appeals'', which hears appeals for administrative law disputes and has territorial jurisdiction over the entire territory of the Republic of Albania. ;Highest Courts: *''
Supreme Court of Albania Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-e ...
'', which hears appeals through the Civil Chamber, Penal Chamber and Administrative Chamber. In cases of great complexity or when giving a unifying decision for all lower courts to follow, the Supreme Court Judges hold court as part of a Unified Chamber.Supreme Court
/ref> *''
Constitutional Court of Albania The Constitutional Court of the Republic of Albania ( sq, Gjykata Kushtetuese e Republikës së Shqipërisë) is the highest authority in Albania's legal system that defends and assures the respect of the Constitution of Albania. The judges of ...
'', interprets the Constitution and hears cases concerning alleged abuses of Human Rights.


See also

*
Politics of Albania Albania is a unitary parliamentary constitutional republic, where the President of Albania is the head of state and the Prime Minister of Albania the head of government in a multi-party system. The executive power is exercised by the Government a ...
*
Prosecutor General (Albania) In Albania, the Prosecutor General ''()'' is the highest judicial authority exercising the criminal prosecution of entities or individuals and representing the accusation in court on behalf of the state. They are also responsible for carrying out a ...
*
SPAK SPAK, Special Anti-Corruption Structure () is an independent judicial entity tasked with investigating corruption and organized crime at the highest levels of government and society in Albania. It consists of the National Bureau of Investigation, ...
*
EURALIUS The Consolidation of the Justice System in Albania (EURALIUS) was an EU funded technical assistance project that sought the strengthening of the Albanian Justice System. The objective of EURALIUS was to strengthen the independence, transparency, ef ...
*
Corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...


References

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