Presentation on theme: "Regional conference on the 1980 Hague Convention on the Civil Aspects of International Child Abduction, 3 - 4 February, Belgrad,Serbia Albania’s Challenges."— Presentation transcript:
Regional conference on the 1980 Hague Convention on the Civil Aspects of International Child Abduction, 3 - 4 February, Belgrad,Serbia Albania’s Challenges on implementation of Hague Convention on the Civil Aspects of International Child Abduction Naureda LLAGAMI, MA. Ministry of Justice Albania
Hague Convention on the Civil Aspects of International Child Abduction The Republic of Albania ratified the Hague Convention on the Civil Aspects of International Child Abduction by adoption of the Law No. 9446/2005. Following the ratification, the abovementioned Convention entered in force on 10th of October 2007.
Objectives of the convention To protect children from the harmful effects of their wrongful removal or retention across international boundaries To ensure their prompt return to the State of their habitual residence To secure protection for rights of access
Measures taken by Albanian Government to ensure the implementation of Convention Establishment of an efficient and responsive Central Authority. Ensuring access to procedures. Providing for efficient enforcement of orders. Structures for promoting agreement between parents. Raising public awareness and training all actors in the Convention processes – Central Authority personnel, judges, lawyers, enforcement officers, etc.
Providing for efficient enforcement of orders. The final decision of the Court is immediately enforceable. The submission of the recourse to the High Court does not prevent its enforcement. Enforcement of court decision in Hague Convention’s cases is carried out by the General Directorate of Enforcement
Establishment of an efficient and responsive Central Authority. According to article 2 of Law No 9446/2005 and pursuant the article 6 of the Convention, the Sector of Juvenile Justice and Family Law within the Ministry of Justice has been designated as the Albanian Central Authority. The Central Authority, whenever necessary, uses the assistance of the Legal Aid Commission. It may further request the cooperation of any public administrative body, the police, or any agency or authority whose objectives correspond with the functions entrusted to the Central Authority under the Convention.
Ensuring access to procedures. Applications are filed through the Central Authority pursuant to articles 8 and 21 of the Convention; however, the interested party may apply directly to the appropriate authorities, according to article 29 of the Convention the Albanian Central Authority, after carrying out the necessary preliminary investigations, must expeditiously send all documents to the Legal Aid Commission attached to the Ministry of Justice
Ensuring access to procedures (continuing) The Legal Aid Commission appoint an attorney at law who will represent the applicant, during the court procedures. Immediately the attorney at law submits the request for return of the minor or effective exercise of the rights of access, to the court where the minor was found. The Central Authority will inform the applicant about the details of court procedures (dates, times, place, end other relevant information requested by him) to give the possibility to the applicant, at his own expenses, to appear during the court hearings
Structures for promoting agreement between parents In the light of this convention and EU directive, Albanian Parliament have approved the new law on Mediation, that stipulated precisely that the mediation as alternative disputes resolution, is strongly recommended in minors' cases for state authority. The service of mediation will be provided by mediator. The mediator according the Albanian Law mean a person or persons who conduct mediation independently or within a mediation organization on the basis of an agreement between the parties. To practice this service the mediator must be inscribed in the Unified Register of Mediators to the Minister of Justice. The Minister of Justice is responsible to take care regarding the organization and operation of the mediation service. As follow MOJ create and maintain Unified Register of Mediators.
Raising public awareness and training all actors in the Convention processes School of Magistrates is in charge to provide continues training for judges, prosecutor and other actor. Program of Continuous Training is drafted from the School Director, after taking preliminarily the opinion of the President of the High Court, General Prosecutor, Minister of Justice, High Council of Justice and School Pedagogical Council. Program of Continuous Training is approved by the Steering Council of the School of magistrates. Recently the School has made trainings for judges of family section regarding this convention.
Number of cases Before enter in force the child abduction convention, Albania had a case on ECHR, regarding the Bajrami against Albania. After enter in force the convection, there are 2 application to Central Authority. H.M’s case dated on December 2010 has ended all the court procedures and actually the Bailiff Office is making the necessary efforts to ensure the enforcement of court decision to ensure the immediate return of the child near his mother. A.N. cases dated on January 2011, The central Authority is carrying out the necessary preliminary investigations to take the necessary informations, in order to commence the judicial procedure.
Challenges With the ratification and implementation of the Convention, Albania has provided its legal system with an instrument whereby it can deal with situations of great social relevance, such as abduction of minors. Taking in consideration the problems identified handling of these cases, the nature of the Convention, and the possibility of increasing the number of cases in the future as a result of visa liberalization, MoJ is evaluating the possibility of legal internvetion to ensure more simplistic and more expeditious judicial procedures.