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STANDARD SUMMARY PROJECT FICHE

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                    STANDARD SUMMARY PROJECT FICHE




1.   Basic Information

     1.1   AL/04/IB/JH/02
     1.2   Title: Enhancing the Judicial System in Commercial Matters
     1.3   Location: Albania



2.   Objectives

     2.1  Overall Objective(s): The overall objective of the project is to improve the
          administration of commercial justice in Albania in accordance with EU
          standards and best practices.
     2.2 Specific objective(s): Strengthen the judiciary on commercial cases and
          strengthen training of judges and lawyers and see that the national
          legislation on commercial issues is harmonised in line with EU standards
          and best practices.
     2.3 Stabilisation and Association Process priority: Albania is a participant in
          the Stabilisation and Association Process (SAp) with the Western Balkans,
          the EU strategic framework for bringing stability to the region through the
          achievement of a series of political and economic reform milestones,
          together with targeted financial aid to assist structural improvements. On 31
          January 2003, negotiations for a Stabilisation and Association Agreement
          (SAA) were officially opened by the former President of the European
          Commission, Mr. Romano Prodi. The SAA was initialled in February 2006
          and has been signed in June 2006.
         According to the Albania 2005 Progress Report, “Despite some positive
         developments, the proper implementation of the existing legislative
         framework and the overall effective functioning of the judicial system
         remain a matter of concern. Efforts are still needed to ensure full access by
         all citizens to the courts and to increase popular confidence in the judiciary”.
         In spite of progress made, Albania needs to demonstrate its commitment
         by increasing the pace of judicial reforms. Therefore, sound improvement
         of the Albanian judiciary is essential and continued assistance for the
         Judiciary in Albania should be a central element of the EC response
         strategy. The Multi-Annual Indicative Programme therefore foresees the
         need for continued institutional support and, in general, for ‘enhancing the
         enforcement of the rule of law’.
          The proposed twinning project in support of commercial justice system is
          therefore fully in line with the SAA priorities.
                                                                                      2

     2.4   Contribution to the European Partnership Document: The proposed
           Project will also support the implementation of the Action Plan of the
           Ministry of Justice for achieving the ambitious objectives of the European
           Partnership Document. The Action Plan foresees, among the objectives to be
           achieved, the “improvement of the organic and procedural legislation
           aiming at proper functioning of the court structures responsible for the
           judgment of commercial and administrative cases” with the purpose of their
           full alignment with the Acquis, the improvement of the legislative
           framework, both material and procedural law, with the purpose of
           strengthening that part of the judiciary that has jurisdiction on commercial
           cases.



3.   Description

     3.1   Background and justification:

           The poor performance of the judiciary in dealing with commercial cases
           will inevitably lead to a loss of confidence from the public and the business
           community. It will negatively affect private sector development, and in
           particular foreign direct investment, because investors rely on the proper
           application of law and a measure of predictability in conducting their
           business.

           In relation to commercial legislation, the Justice and Home Affairs (JHA)
           assessment report for Albania, outlines that in many instances, legislation
           from elsewhere has been translated into Albanian with few modifications.
           Difficult issues, or local context, are too often overlooked. The
           inadequacies of the statutory texts are exacerbated by a lack of
           commentaries, textbooks or legal periodicals. Relatively inexperienced
           lawyers and judges have therefore to resort to the primary text in each
           instance. The Report recommends to review the commercial legislation in
           the light of practical experience, and develop it into a coherent code.

           The responsibility for commercial law matters is shared by the Ministry of
           Justice (MoJ) and the Ministry of Economy, Trade and Energy (MoETE).
           The Albanian commercial justice system has been subject to several
           changes starting from 1992 and in particular in the period between 1997
           and 2005. The main laws currently regulating the commercial field are Law
           no. 7632 on the provisions that regulate the first part of the Commercial
           Code, Law no. 7667 on the Commercial Register and the Formalities that
           should be respected by commercial companies, and Law no. 7632 “On
           Commercial Companies.” These laws are intended to be complementary
                                                                            3

with the provisions contained in the “Civil Code” introduced in 1994 to
regulate the new market economy. Despite the continuous legal changes in
the field, the existing laws and subordinate legal acts regulating the
commercial justice system need further improvement, internal
harmonisation and, notably, approximation with EU acquis. In March
2006, the Council of Ministers passed decision no. 157 dated 15 March on
the “approval of the action plan for regulatory reform in the service of
improvement of the business climate,” which approves an action plan of
regulatory reform and charges the MoETE with implementing it.

On 15 May 2006, one of the basic commercial laws, no. 7667 “On the
Commercial Register and the formalities that should be respected by
Commercial Companies,” was slightly amended by law no. 9536, requiring
the registry judge to register an application to form a company within
eight working days, subject to all the documents being complete (article
24). A project sponsored by the Millennium Challenge Account of the US
Government (MCA project) has just begun that is intended, among other
things, to revise the Commercial Register and move it under the MoETE.
This will involve a complete replacement of Law no. 7667 and, probably,
amendments in the other commercial laws referred to above.

The legislation regulating the financial field also requires improvement. It
is in fact evaluated by experts as incomplete and not in line with the EU
acquis. In addition to that, the insurance and reinsurance legal framework
should also be taken into consideration in a global reform plan for the
sector, even though a new and comprehensive legislation exists. In this
way it will be possible to achieve a more adequate harmonization with the
whole legislative framework, particularly with the Trade legislation.
Another field which needs a special attention is the Consumer Protection,
which, so far, has been quite neglected.

However, the drafting aspect of the reform of the commercial justice is not
the only one to be taken into consideration. As in other fields, in fact, also
in the commercial sector one of the main problems is represented by the
inadequate implementation of the existing law. So far, the practice has
revealed that even in the cases when new provisions were adopted in the
respect of European standards and in an attempt to have an internal
harmonized system, these were often not properly implemented either
because of the wrong interpretation given to them or because the people
involved were not sufficiently trained in them. Therefore, the drafting of
manuals for the concrete implementation of the laws and the training of
the people responsible for the implementation could be considered in
                                                                          4

order to enhance the quality of the judicial activity and of the enforcement
of the rule of the law in this particular field of the justice system.
Training and informational material should focus on judges, court staff
and commercial lawyers.

According to current analyses carried out by Albanian and international
experts the main areas where the commercial justice system should be
strengthened are:
1) The quality of the judicial activity in the field satisfying minimal
standards and the performance, professionalism and efficiency of Judges
and lawyers on the matter;
2) The harmonisation of the Albanian legal framework on commercial
matters and its approximation with EU acquis.

This initiative is linked with the progress of the overall reform of the
judiciary system in Albania as well as with the overall public
administration reform initiatives supported under previous and ongoing
CARDS projects and other donors’ projects. Furthermore, the guaranty
given by the better functioning of the commercial justice system might be
an incentive for national and foreign investment and might also serve as
preventive measure for disputes on commercial issues.



Among these areas specific concerns are attached:
A) Strengthen the capacity of handling commercial cases, especially the
administrative capacity of the commercial/administrative sections of the
courts of Albania by the training of judges, lawyers, and members of the
judiciary on commercial issues;
B) Improve the commercial legal framework and internal harmonisation
and approximation of the commercial legal framework with the EU
acquis;

A) Strengthening the capacity of handling commercial cases.
Instruments regulating the procedures in commercial cases, should be
revised and harmonized with the other provisions establishing different
procedures in the commercial field. Functioning and capacity of courts has
to be strengthened. The drafting of a new set of laws in the commercial
field will require also an adequate training intervention for the judges in
charge with the guarantee of their implementation.
The Albanian School of Magistrates should be ready to face this important
challenge, both in the initial and in the continuous training of the judges.
Training should be provided to the Secretary Office of the Commercial
Registry, to Experts from the Ministry of Justice (inspectors from the
                                                                           5

judicial inspection subdivision, to judges (First Instance, Appeals and High
Court) and lawyers, Civil law notaries and to the School of Magistrates.
Support should be provided in the preparation and organization of
Commercial section with specialized judges that shall deal only with the
trial of the commercial cases and related matters.
Procedural and organisational rules must be established in the above areas.
Good practise, transparency and accuracy of the procedures are required.
To this high level international expertise will be particularly relevant.

The Albanian Ministry of Justice identified the following areas of priority:
- Familiarization with the Commercial Legislation, EU standards,
Community Law and judicial practice of the European Court of Justice in
Commercial matters.
- Familiarization with the judicial practices of the Commercial Courts in
Member States.
- Training sessions concerning key principles in commercial matters,
familiarization with the new legal framework on commercial matters and
its enforcement after the implementation of the second stage of the project.

Training and assistance is need in the following list of business law topics:
- Legal entity (company (law), corporate law); unlimited/ limited liability
company by shares/by guarantee.
- Contracts (contractual terms, consideration, duress, warranty)
- Corporate constitution, modification, and liquidation. Procedures and
effects.
- Compulsory and voluntary dissolutions
- Shares and share capital (sell and tranfer of shares, shareholders rights)
- Dispute resolution
- Intellectual property law (Patent, trademark, copyright)
- Consumers’ rights law and its enforcement.
- The case of exclusion of a judge from the trial of the commercial case.

B) Improvement and internal harmonisation of the Commercial legal
framework, revision of procedural legislation and approximation of the
commercial legal framework with the EU acquis.
According to recent studies carried out by GTZ experts, despite the good
quality of the existing commercial laws the new market conditions and the
further developing of linked provisions require a general review of this
legal package, paying special attention to the internal harmonisation of the
current legal framework, mainly with the Civil Code and with other laws
in related fields, such as, for instance, the provisions regulating the
Financial Market (provisions regulating the bank system, Insurance and
Reinsurance companies, etc.).
                                                                                  6

      Numerous gaps have been already identified and need further drafting. A
      comprehensive regulation of the commercial enterprises is necessary as
      well as the overall revision of the Law on Commercial Companies. As a
      matter of fact, the latter should be amended in accordance with the
      developments in the Albanian market economy and with the new
      commitments taken in the framework of the Stabilisation and Association
      Agreement. The revision expected of the Law on the Commercial Register
      under the MCA project referred to above will need to be coordinated with
      the other commercial laws. The issues of transparency of the companies
      toward the public and the simplification of the juridical procedures of the
      registration of the companies are covered by GTZ. In any case, a general
      approximation to the EU acquis in the field is required. GTZ experts are
      involved in the MCA project in order to assure approximation in that
      limited area, but further approximation will be essential.
      Revising/reforming of procedural legislation including civil procedure
      code, specific accelerated procedures for uncontested or small claims,
      alternative methods of dispute resolution, rules on jurisdiction and
      recognition and enforcement in civil matters, should also be taken into
      consideration.
      The recognition and the enforcement of European judicial decisions in
      commercial matters should be improved.




3.2    Linked activities:
      1) EURALIUS – The European Assistance Mission to the Albanian Justice
      System, funded by the EU under the CARDS 2002 national programme for
      Albania, has started its activities in June 2005. EURALIUS has the wider
      objective of facilitating, through the building of the required capacities
      within the Ministry of Justice and the Judiciary, the development of a more
      independent, impartial, efficient, professional, transparent and modern
      justice system in Albania, therefore contributing to the restoring of people’s
      confidence in their institutions and to the consolidation of democracy and
      rule of law in the country, as required by the Stabilisation and Association
      process with the EU. Close coordination with this mission is therefore
      essential.

      2) World Bank – The WB project on Legal and Judicial Reform aimed at
      the following medium and long term outcomes: 1) a strengthened system
      of legal and judicial education, resulting in better trained legal
      professionals; 2) a more accessible, transparent (less-corrupt), and effective
      judicial system, including improved enforcement of judicial decisions; 3)
      the use of mediation and arbitration as alternative means to resolve
                                                                         7

commercial disputes outside the formal justice system; and 4) improved
access by government officials, judges, parliamentarians, legal
professionals, the business community, and the public at large to more
reliable, comprehensive, and up-to-date legal information.
In its third point, the project was focused on commercial issues and the
outcome should be taken into consideration for the structuring of the new
project in the field. The work was concluded in September 2005.

3) International Finance Corporation, member of the World Bank Group.
Their ADR Program is part of Private Enterprise Partnership for South East
Europe, implemented. The Program is starting in Albania, with the
following activities: organization of seminar for Judges of Tirana District
Court on Case Management and Referring Cases to Mediation, in
cooperation with School of Magistrates of Albania, organization of
refreshment seminar for individuals trained in commercial mediation
before [through World Bank project resulting in establishment of
MEDART] , organization of seminar for Lawyers on Benefits of Mediation,
organization of Workshop - Alliance Meeting: Judges, Lawyers and
Mediators, organization of seminars for students at the Law Faculty of
Tirana in Basis of Mediation, direct presentations of Mediation to key-
stakeholders from business and legal community in the Country.

4) GTZ – The German GTZ project has worked on many individual
Albanian laws in the commercial area (among other on the bankruptcy and
competition law) and are still working on assessments in the sector.
In January 2002, the GTZ Project on ‘Promotion of the Albanian Legal
Practise’ presented a ‘Short Comparative Study on the Reform Needs of
Albanian Civil, Commercial, Company and Registry Law in the Context of
Approximation to the ‘Acquis Communautaire’. Their expertise is based
on a Short Study the findings of which were, among others, the
approximation of Albanian law to EU standards is effecting two inter-
connected legal reform levels. The first level requires ‘internal’
harmonisation of single legal acts and between single legal acts and
thorough preparation of their applicability. The second level refers to
‘external’ harmonisation with EU provisions. Series of recommandation
are provided. Within the frame of their ongoing project “Support to
selected Economic Law”, they have planned to support the process of
drafting the new Law on Securities, company law, and E-signature Law.
GTZ’s project on EU Integration in the frame of which they have had a
close cooperation with the School of Magistrates, by providing for judges
trainings in the field of EU Institutions, EU Substantive Law, SAA, Law on
Copyright and Related rights (which has been drafted with the assistance
                                                                          8

of the GTZ), Law on Competition and Law on State Aids, Law on
Consumer protection. The first phase of the project will finish by end 2006
and for the next phase 2007 – 2009, they plan to continue their cooperation
with the School of Magistrates. Their assistance will be mainly directed to:
1) Enable the school to keep pace in its regular and continuous training
activities with the ongoing legislative reforms required by the SAA; 2)
Incorporate in its schooling and training curricula not only the new
Albanian legislation harmonized with the Community legislation, but also
the respective decisions of the European Court of Justice and Albanian
courts as well; 3) Establish a service system through which scholars and
judges can acquire reliable information on jurisdictional principles,
methods, guidelines and particular decisions of the European Court of
Justice.
Close coordination and joint efforts with the GTZ is therefore essential.



5) USAID/East-West Management Institute – Between 2000 and 2002,
USAID funded the Albanian Judicial Strengthening Project. The Project’s
objectives were to strengthen the commercial law knowledge of Albanian
judges and their ability to adjudicate commercial law cases and to improve
the efficiency of operations in the administrative offices supporting
Albanian courts. The judicial strengthening program was designed to
update the judges’ current knowledge in Albanian commercial law and
prepare them for more sophisticated commercial law litigation they could
adjudicate in the future. The project delivered seminar series providing an
overview of basic principles in Albanian commercial law, covering
Company Law, Bankruptcy and Secured Transactions. Building on this
foundation, the project progressed to more advanced concepts in
commercial law, presenting seminars in Tirana in the spring of 2000. These
seminars were delivered by IDLI (International Development Law
Institute). Some 70 Albanian judges involved in commercial cases received
training in a range of topics related to international contracts, including
sale of goods, arbitration and ADR, corporate finance and accounting.

6) CHEMONICS/MCA.
 As mentioned previously, after the amendment of the law no. 7667 “On
the Commercial Register and the formalities that should be respected by
Commercial Companies” a contract was signed under the auspices of the
USAID “Millenium Challenge” account with the US company
“Chemonics” (called the MCA project herein) for a project including,
among other things, the commercial registry and general commercial and
                                                                                 9

      company law. The commercial paw part of the MCA project is focussed on
      the registration issue. With regard to substantive company law it is
      planned to touch only the registration issue and connected adjustment in
      the structure of the law (e.g. to shift substantive law from the registration
      law to the Law on Companies, to exclude security law aspects from the
      Company law and to adjust the General Part of Trade Law with the
      Company Law). Chemonics will be implementing the “one-stop shopping”
      for business registration. Thus, business registration will be taken out from
      Court and will be transferred to a national business registration centre.
      Large access will be foreseen to be provided through municipalities by an
      access window system to this centre. Computerization of registration is
      also foreseen. As noted, the German technical aid group GTZ will be a
      subcontractor under this project in order to guarantee approximation to
      EU law in all those fields touched by Chemonics’ project.




3.3   Results:

      Overall Result: The performance, professionalism and efficiency of the
      commercial justice system are increased to the level expected from a country
      on its way towards the European Union.



      Specific Results:

             The authority of the commercial justice system is enhanced by
              increasing the transparency and simplification of decision making
              process;
             The capacity of the courts to deal with commercial justice cases is
              increased, resulting in an improvement and enhancement of the
              quality and of the timeframe for the processing of commercial
              cases;
             The functioning of the specialised sections in the courts is
              strengthened by:
                - Improved operating procedures (on the basis of the experience
                of the EU counterpart).
                - Existence of an in-house library or documentation centre with
                selected literature, including EU law and case-law, and online
                access to relevant databases.
                - A reinforced information management system on commercial
                cases (data collection and treatment)
                                                                             10

             The legal framework for the commercial law and related fields is
              enhanced and in line with EU standards.



3.4   Activities:

      1. Provision of technical assistance on the following issues:
             a. Improving the quality of the judicial activity in the field
                satisfying minimal standards
             b. Strengthening the technical, professional and institutional
                capacities building of the commercial justice system
      2. Provision of legal advice, including –where necessary– legal drafting
         assistance, on the following issues:
             a. Review of the national legislation on commercial issues and to
                harmonise it with EU legislation and best practices.
             b. Improving and internal harmonisation of the commercial legal
                framework and approximation of the commercial legal
                framework with the EU acquis, while eliminating duplication
                in this process and co-ordinating it with all other on-going
                projects such as the MCA project.
             c. Development of legal procedures for handling commercial
                cases in the courts.
      3. Related to the above-mentioned topics, organisation of training courses
         (including on-the-job training), workshops, seminars and study trips to
         homologue EU institutions for selected staff of the judiciary dealing
         with commercial matters:
             a. Development of a Training Needs Analysis for the judges,
                court clerks, and legal officers/advisors dealing with
                commercial issues.
             b. Development of training plan and programme, including
                training-of-trainers component.
             c. Delivery of training courses and seminars on commercial legal
                issues.
             d. Organisation of workshops and seminars on specific
                commercial issues.
             e. Organisation of study visit and twinning activities with EU
                relevant commercial courts and institutions.

3.5   Profile of the RTA
      Experience and skills:
      a) A senior judge, legal drafter or academic with at least seven years of
          professional experience in the key area covered by this assignment,
                                                                                  11

                i.e., commercial law. (from a public administration of the Twinning
                Member State Partners)
           b)   Sound knowledge of EU standards on those issues;
           c)   Good presentation and communication skills;
           d)   Excellent oral and written English communication skills.
           e)   Computer literate
           f)   EU nationality
           g)   Experience in similar technical and legal assistance assignments in
                third countries will be considered an asset.

           Duration of the assignment: 18 months

           Note: In addition to the RTA, the Members State Partner (MSP) must have
           quick and flexible access to a pool of short and medium-term experts from
           a public administration of an EU Member States. These experts shall either
           work as advisors and trainers or perform specific studies or assignments
           within the scope of the twinning project.


4.   Institutional Framework:
     Albanian Ministry of Justice

5.   Detailed Budget

                       CARDS support
                       Total Programme          National            TOTAL
                                                Co-financing

      Twinning  1,000,000                       20,000*             1,020,000
      Agreement

      Total            1,000,000                20,000              1,020,000
     * In kind (indicative)



6.   Implementation Arrangements

     6.1   Implementing Agency
           Delegation of the European Commission to Albania
           Lora Ujkaj, Programme Manager Justice and Home Affairs
           Rruga e Duressit 126/1, Laprake, Tirana
           + 355 4 228 320; + 355 4 270678
           Lora.Ujkaj@ec.europa.eu
                                                                               12


6.2   Twinning:
      Beneficiary of the Project:
      The Albanian Ministry of Justice
      Mrs. Enkeledi Hajro
      Director General Directory of Justice Issues
      Blvd. "Zog I" Tirane, Albania
      Tel: +355 4 259 385; Fax: + 355 4 234 560
      enkeledi_hajro@yahoo.com

      It is planned that the Project will be implemented through one twinning
      contract.

      In each twinning component the success in delivering a guaranteed result
      will depend on the coherence of a number of successful inputs, the
      continuity of those inputs and the steady progress. The twinning partners
      will be officially selected from one or more Member States.

      On behalf of the EU partners for the twinning part there will be a Project
      Leader, one RTA and a number of short- and medium-term experts. The
      Member State Project Leader will continue to work in his/her Member
      State administration but at the same time will conceive, supervise and
      coordinate the overall thrust of the twinning activities. He/She will be
      complemented by one full-time RTA. The RTA will work on a day-to-day
      basis with the beneficiary, coordinate the activities of the short- and
      medium-term experts and assist in the overall twinning arrangements.

      From the Albanian side for the twinning part there will be a Project Leader,
      a Project Manager and a number of experts from the Ministry of Justice
      and the Judiciary.

      The BC will mobilise the necessary human and financial resources beyond
      the end of the project; the BC will allocate a sufficient part of the State
      budget for the functioning of the commercial justice system.

6.3   Non-standard aspects: The project will be implemented in compliance
      with the CARDS rules and in accordance with the guidelines contained in
      the Twinning Manual.

      Albanian co-financing of the implementation of the project will be
      provided through the provision of adequate office space to accommodate
      the RTA, its assistant(s) and short term experts, etc…
                                                                                      13

      6.4   Contracts: The contracts envisaged under the project will be contracted and
            implemented according to the CARDS rules. The estimated number of
            contracts is as follows:

            Twinning Agreement: 1,000, 000 EUR

7.    Implementation Schedule

      7.1 Start of tendering/call for proposals (Indicative)
      15 January 2007
      7.2 Start of contract
      15 September 2007
      7.3 Project Completion
      15 February 2009

8.    Equal Opportunity: During the implementation of the project                    equal
      opportunities for participation of men and women will be guaranteed.

9.    Environment: N/A

10.   Rates of return: N/A

11.   Investment criteria

      11.1 Catalytic effect: Adoption and application of the European acquis in the
           field of justice is an essential element of the Albanian Stabilisation and
           Association Process. CARDS investment will support the improvement of
           the efficiency of the Commercial Justice System through the enhancement of
           its documentation capacity.
      11.2 Co-financing: Albanian authorities will provide from the national budget a
           part of Twinning component value, providing adequate facilities for the
           RTA and the short and medium-term experts.
      11.3 Additionally: This project has not any financial return to attract private or
           international sources of funds. CARDS grants will not overlap funds
           provided by the national budget or other bilateral support.
      11.4 Project readiness and Size: The beneficiary has been involved in drafting
           this twinning fiche and both the overall and specific objectives of the project
           are fully in line with the Ministry of Justice’s priorities and Action Plan. The
           Codification Department of the Ministry of Justice and the Directorate for
           Judicial matters have shown a strong involvement in the co-operation and it
           is therefore ready to start implementing this project immediately.
                                                                                   14

      11.5 Sustainability: The sustainability of the project will depend on the approval
           of all the relevant legislative and regulatory provisions and also on the
           maintenance of the trained judges in their position.
      11.6 Compliance with state aids provisions: Law no. 9374 of 21 April 2005

      11.7 Contribution to National Development Plan: N/A

12.   Conditionality and sequencing: Projects to be implemented through twinning
      require full commitment and participation of the Albanian counterparts. The
      State Budget will foresee for the Commercial justice system sufficient budgetary
      and staff resources to ensure a consistent implementation of the programme. In
      the event that the above conditions are not fulfilled the Commission may
      suspend or cancel all or a part of the twinning project.
                                                                               15




ANNEXES TO PROJECT FICHE



1. Logical framework matrix in standard format
2. Detailed implementation chart Contracting and disbursement schedule by quarter
   for full duration of programme (including disbursement period) (compulsory)
3. Contracting and disbursement schedule by quarter for full duration of programme
   (including disbursement period)
4. List of relevant Laws and Regulations (optional)
                                                                                                                                                   16

  ANNEX 1-.



LOGFRAME PLANNING MATRIX FOR PROJECT FICHE                                                          Programme      name       and
                                                                                                    number

Enhancing the judicial system in commercial matters                                                 Contracting period expires: Disbursement      period
                                                                                                                                expires:
                                                                                                    Total budget                CARDS budget:
                                                                                                    1,020,000 Euro               1,000,000 Euro

Overall objective                                      Objectively verifiable indicators            Sources of Verification
                                                        Increased level of qualification of         Government reports
The overall objective of the project is to improve the   judges dealing with commercial cases;       MoJ reports
administration of commercial justice in Albania in  Improved documentation centres of               Specific surveys
accordance with EU standards and best practices.         the courts;                                 EC & IOs reports on
                                                        Increased number and qualities of            Albania
                                                         court decisions in the commercial           NGOs           Specialised
                                                         field;                                       reports
                                                        Increased effectiveness of the courts in
                                                         the commercial field;
                                                        Increased     alignment     with    EU
                                                         standards and best practices
Project purpose                                        Objectively verifiable indicators            Sources of Verification         Assumptions

 to support the implementation of a functioning              Increased number and quality of  Project reports            Full commitment of the
  commercial justice system in accordance with EU              court decisions on commercial  Publications            and   BC to work towards the
  standards and international instruments.                     issues                            statistics of Ministry of   achievements       of the
 to harmonise the national legislation on commercial         Increased number and quality of   Justice and other non-      project objectives.
  issues in line with EU standards and best practices;         judges training                   Government            and  Successful
 to strengthen the functioning of specialised                                                   Parliament sources          accomplishment         of
  commercial sections of the courts of Albania.                                                 EC reports on Albania       project activities
                                                                                                                                                              17




Results                                                    Objectively verifiable indicators           Sources of Verification         Assumptions
Overall Result:                                             Functioning      commercial     justice    MoJ reports;                  Co-operation        between
The performance, professionalism and efficiency of the       system in place;                           Project publications and        MoJ,      MoETE        and
Commercial justice system are increased to the level        Legal framework approximated to EU          distribution list, reports      commercial justice related
expected from a country on its way towards the               standards;                                  on organised events,            bodies
European Union.                                             Number of judges and lawyers                study visits;                 Trained people remain in
                                                             trained;                                   MoJ documents;                  service
Specific Results:                                           Number of court decisions in               Project implementation        Good project management
   - Improved legislation on commercial issues in line       commercial justice carried out;             and evaluation reports;       Active      interest    and
  with EU standards;                                        Training plan prepared                     Technical specifications;       willingness      of     the
   - Enhanced authority of the commercial justice           Nunber        of              training     Minutes of meetings;            participants
  system is by increasing the transparency and               programs/sessions                          Reports and articles on       Cooperation and team-
  simplification of decision making process;                 developed/undertaken                        organised events;               work of the different
   - Increased capacity of the courts to deal with          Number of workshops, seminars,             Design reports;                 parties
  commercial justice cases, resulting in an                  twinning organised                         Official    Gazette     of
  improvement and enhancement of the quality and            Number of manuals prepared                  Albania;
  of the timeframe for the processing of commercial         Number       of     recommendations        Project publications and
  cases; Improved capacity of judicial and legal staff       prepared                                    distribution list;
  (i.e.,    judges,    prosecutors,     lawyers,   legal    Number of amendments to the                Internal MoJ, Courts
  officers/advisers, jurists from NGOs)                      current legislation drafted and             documents
  - Strengthened functioning of the specialised              adopted
  sections in the courts is established and                 Number of          commercial cases
  strengthened by:                                           handled
  - Improved operating procedures (on the basis of          Quality of decision on commercial
  the experience of the EU counterpart).                     matters
  - Existence of an in-house library or documentation
  centre with selected literature, including EU law and
  case-law, and online access to relevant databases.
  -       Reinforced information management system
  (data collection and treatment).
                                                                                                                                     18




    Activities                                                    Means                                     Assumptions
    Provision of technical assistance on the following issues:                                               Commitment of the courts
    - Improving the quality of the judicial activity in the  Implementation of the Twinning                  and the MoJ staff involved
    field satisfying minimal standards                              Covenant    (service    contract   of     in project implementation;
    - Provision of legal advice, including –where necessary–        technical    assistance    for    the
                                                                                                             Good organization
    legal drafting assistance, on the following issues:             improvement of the judicial system on
                                                                                                             Availability of office places
    Improvement and internal harmonisation of the                   commercial issues).
    Commercial legal framework and approximation of the
    commercial legal framework with the EU acquis.
    Related to the above-mentioned topics, organisation of
    training courses (including on-the-job training),
    workshops, seminars and study trips to homologue EU
    institutions for selected staff of the judiciary dealing with
    commercial matters.

                                                                                                            Preconditions:

                                                                                                             The Government mobilise
                                                                                                              the necessary human and
                                                                                                              financial resources beyond
                                                                                                              the end of the Twinning
                                                                                                              Project
                                                                                                                                                                              19

                  ANNEX 2-

            Detailed Implementation Chart -
            Project: “Enhancing the judicial system in commercial matters”

             2006         2007                                                                   2008                                                             2009
 COMP
 ONENT



        Nov Dec     Jan   Feb Mar Apr May June Jul Aug Sep               Oct Nov Dec       Jan   Feb Mar Apr May June Jul Aug Sep               Oct Nov Dec       Jan    Feb Mar Apr
nning
        D     D      T     T      T    T     C      C    C    C     C     I     I     I     I     I     I      I     I     I    I    I     I     I     I     I     I      I        I   X




                  D = Design
                  T = Tendering
                  C = Contracting period (Due to the contracting deadline for CARDS 2004 (15th September 2007) , the contracting period including finalization of the work plan
                  has been reduced from six to five months.)
                  I = Implementation
                  X = Closure
                                                                                             20

ANNEX 3.




Contracting and Disbursement Schedule by Quarter -
In thousands of Euro

                                    2007    2007   2008   2008   2008   2008   2009   2009
                                    3Q      4Q     1Q     2Q     3Q     4Q     1Q     2Q
Contract               Contracted   1 000
Twinning
                       Disbursed    530                   370                         100
                                                                                                                    21

ANNEX 4.

List of Relevant Laws and Regulations


      Constitution of the Republic of Albania
      Law no. 7632 of 4.11.1992 "On the provisions that regulate the first part of the Commercial Code."
      Law no. 7638 of 19.11.1992, as amended, "On commercial companies."
      Law no. 7667 of 28.1.1992 "On the commercial register and the formalities that should be respected by commercial
       companies."
      Law on the Organisation and Functioning of the Ministry of Justice
      Law on the Organisation and Functioning of the Judicial Power

				
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