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Communication | Doc. 14133 | 12 September 2016

Election of judges to the European Court of Human Rights{In accordance with Article 22 of the European Convention on Human Rights.}

List and curricula vitae of candidates submitted by the Government of Albania

Author(s): Secretary General of the Parliamentary Assembly

1. List and curricula vitae of candidates submitted by the Government of Albania

Letter from Ms Ardiana Hobdari, Ambassador of Albania to the Council of Europe, to Mr Wojciech Sawicki, Secretary General of the Parliamentary Assembly, dated 26 August 2016

[…]

With reference to your letter dated 29 June 2015 the Republic of Albania was invited to submit a list of three candidates for the position of judge in respect of the Republic of Albania, in accordance with Article 22 of the European Convention on Human Rights. I have the honor to submit the names of the three Albanian candidates for election of the judge to the European Court of Human Rights. This list is submitted in alphabetical order:

  • Sokol BERBERI;
  • Gent IBRAHIMI;
  • Ina RAMA.

Please find enclosed the curricula vitae of all three respective candidates. The list of candidates has been submitted to the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

The candidates were selected in a competitive procedure, according to the relevant guidelines of the Council of Europe. I also enclose information on the details of the national selection procedure.

[…]

Information on national selection procedure for the position of a judge of the European Court of Human Rights

The following report explains the rules and procedures for selecting three candidates for the office of the Albanian judge at the European Court of Human Rights (hereinafter “the Court”) in accordance with paragraph 4.2. of the Parliamentary Assembly Resolution 1646 (2009) and the Guideline 
			(1) 
			Amended
in 1213th meeting (26 November 2014, the decision CM/Del/Dec (2014)
1213/1.5). of the Committee of Ministers for electing candidates for the office of judge at the European Court of Human Rights.

Introduction

The mandate of the Albanian judge at the European Court of Human Rights (ECHR), Ledi Bianku, ends on January 31, 2017. In accordance with the requirements of Article 21 (1) in conjunction with Article 22 of the European Convention on Human Rights, the High Contracting Parties shall submit to the European Court of Human Rights a list of three candidates, who should enjoy high moral character and possess the qualifications required for nomination to the highest judicial offices or be jurisconsults of recognised competence.

Resolution 1646 (2009) sets out certain criteria that states must follow in electing fairly and transparently the nominees at the ECHR.

The process for carrying out the selection procedures of the candidates for the office of judge of Albania to the European Court of Human Rights, was administered by the Secretary General of the Council of Ministers. The election procedure is preceded by a study on the best practices followed by other member countries to elect their national judges to the ECHR and the ongoing consultations with the National Bar Association and the State Advocacy Office.

Upon receipt of filled in applications and submitted within the deadline, the ad hoc consultative commission (the Commission) for carrying out the selection procedures for candidates to the office of Albania’s judge at the ECHR, established by Order no. 4750, of the Secretary General of the Council of Ministers dated 1.8.2016, as amended by Order no. 4871, dated 05.08.2016, continued its work with the review of applications. After performing the assessments by each member of the Commission, the candidates were invited for interview. After the interviews, the Commission, by secret ballot, proposed a list of 3 candidates for the office of judge of Albania at the ECHR.

It is important to emphasize that, after a period of two years of intensive work carried out by a group of independent legal experts, national and foreign, and by the Special Parliamentary Commission “On the justice system reform”, on 21 July 2016 the Albanian Parliament unanimously adopted the judicial reform, which consisted in changing 46 articles of the Constitution, paving the way for more radical changes in the Albanian legislation in these 25 years.

In November 2014, the Parliament of Albania appointed a parliamentary commission to prepare the propositions for the justice reform. The Commission was assisted by a panel of high-level experts, a technical secretariat, and several external advisors, including international experts as well. In late September of 2015, the group of experts presented a draft package of constitutional amendments, which were sent to the Council of the European Commission of Venice for review. The Venice Commission provided a preliminary assessment in December 2015 and the final report was published on March 2016.

At the same time, there was a very substantial international involvement in the process of the reform so far. Two international entities have been particularly active: the project of the European Union EURALIUS, which is providing technical assistance to the reform process, and the Resident (Local) Mission of the United States of America of the program of Overseas Prosecutorial Development, Assistance and Training (OPDAT); which worked to consolidate the justice systems internationally. Some EURALIUS and U.S. experts have co-led or been part of a group of high-level experts of the Special Parliamentary Commission.

The purpose and essence of the proposed reforms is the reforming of the justice system, creating a number of new independent institutions.

Considering what was mentioned above and the fact that Albania has no specific rules that provide for the pursuit of the procedure for the election of the Albanian judges to an international organization, together with the fact that the national procedure which led to the election of the judge Bianku was held before the criteria adopted in 2009, the management of the process of the selection of candidates for the office of the Albanian judge at the European Court of Human Rights, was administered by the Secretary General of the Council of Ministers of the Republic of Albania.

It should be emphasized that the law no. 76/2016 “On some amendments to the Law no. 8417, dated 21.10.1998, “The Constitution of the Republic of Albania”, as amended “brought about changes that affected a substantial part of the provisions of the Constitution, by anticipating a radical change in the legislation as a whole and in the justice system in particular. In line with these amendments the creation of a special mechanism has been designed. It proposes a check process (the vetting) of every judge and prosecutor at any level.

Aware of the importance of the integrity and purity of the image of judges in the Albanian justice system, but also of the Albanian representatives in international judicial bodies, the Commission implemented the constitutional principles underlying the check process (vetting), relating to matters of professional competence, verification of declarations of assets and integrity, during the conduct of selection procedures for candidates for the office of Albania's judge at the ECHR, apart from the application of the legislation in force: regarding the cleanliness of the figure of high functionaries; ensuring the integrity of persons elected, appointed or exercising public functions; for the declaration and auditing of assets, financial obligations of elected officials and certain public employees; for preventing conflicts of interest in exercising public functions.

As to the above and determined to guarantee the profile of all the candidates for judges, in accordance with the highest standards of professional and moral competence, the Commission urged applicants to confirm the submission of the self- declaration form to ensure the integrity of persons who are elected, appointed or exercising public functions or complete it as well as through the letter of the Council of Ministers no. Prot 4870, dated 05.08.2016, addressed to the HIDAACI requested information on the verification of the declaration of assets in accordance with applicable legislation.

Through letter no. 3434/1 prot. dated 05.08.2016, the ILDKPKI has informed that the applicants do not have any problems with their declarations of private interests, legitimate shortage of financial resources, concealment of assets, false declarations of private interests or conflicts of interest.

Also, the self- declaration forms ensuring the integrity of persons who are elected, appointed or exercising public functions, proved no problem.

At the conclusion of this process, no candidate was disqualified for legal reasons.

Preliminary Issues

Given that, the Parliamentary Assembly of the Council of Europe, votes within October 2016 the candidacy for Albania's new judge to the European Court of Human Rights, due to the expiry of the mandate of the current judge on 31.01.2017, the Council of Europe, through the Ministry of Foreign Affairs, called on the Albanian government to file by the date 26.08.2016, the list of proposals for the three most suitable candidates for this office.

The Albanian government announced the call for application in the Official Announcements Bulletin of the Republic of Albania, No.23 dated 18 July 2016 (Publication of Official Publications Centre), in the official website of the Prime Minister's Office

(http://www.kryeministria.al/al/newsroom/lajme/njoftim-per-aplikim&page=2) and reflected it in the media, (http://www.balkanëeb.com/site/ja-si-te-aplikoni-per-pozicionin-e-gjyqtarit-te-shqiperise-ne-gjykaten-europiane-te-te-drejtave-te-njeriut/), on 18 July 2016.

According to the call for applications, applicants must meet the following criteria: 

To be Albanian citizens. 

To be lawyers, who in accordance with paragraph 1 of Article 21 of the European Convention on Human Rights, shall be of high moral character and must either possess the qualifications required for appointment to a high judicial office or be jurisconsults of recognised competence.

To have the legal knowledge and practical experience of the national legal system, of the public international law, mainly in the field of human rights.

To master the Albanian language, one of the official languages of the Council of Europe (English or French) and have at least a basic knowledge of the other language. Mastering both official languages of the Council of Europe shall be deemed an advantage.

These criteria for application are set in line with the roadmap of the Committee of Ministers of the Council of Europe CM (2012) 40-add), dated 29.03.2012 and after a consultancy (consultation) with the State Advocacy together with lawyers from the National Bar Association, with a view of ensuring broad participation.

The Selection Commission

The commission for carrying out the election procedures for the applicants to the office of Albania's judge at the ECHR is composed of the Chairperson and 4 members who have a significant professional experience. They are experts of the Public International Law and Human Rights with knowledge of the English and French languages; a constitutionalist, a former representative of Albania at the Venice Commission, a former judge at the ECHR, the President of the Constitutional Court, the Dean of the Law Faculty (former member of the Supreme Court) and the Director of Legislation Department of the Prime Minister's Office.

In support of the Commission, a technical group was set up. It is composed of a representative from the Prime Minister's Office, a lawyer from the Ministry of Foreign Affairs, a lawyer from the Ministry of Justice.

The composition of the ad hoc Consultative Committee is as follows:

Chairman of the Commission:

  • Mr Luan Omari, constitutionalist, a former member of the Venice Commission

Members of the Committee

  • Mr Kristaq Traja, former judge at the ECHR
  • Mr Bashkim Dedja, President of Constitutional Court
  • Mr Artan Hoxha, Dean of the Faculty of Law, University of Tirana, a former Supreme Court judge
  • Mr Artur Metani, Director of Legislation, Monitoring Programs and Anti-Corruption, the Prime Minister’s Office.

The first stage of the selection procedure

The Selection Commission held its meeting on August 4, 2016. Based on the criteria of call for application and the characteristics of the candidates who appeared, the Commission decided to call all the candidates to continue to the next stage of the selection procedure, that of the interview. The number of candidates who passed the stage of interview was 11 (eleven).

With regard to language testing, the Commission examined the submitted documents and the interviews were held to the extent of 50% in one of the official languages of the Council of Europe (English or French).

The second stage of the selection procedure

On 5 August 2016, the Selection Commission held the interviews with six (6) candidates, after 5 (five) candidates did not appear at this stage of the procedure. The interviews were conducted in Albanian language and some questions were directed in one of the official languages of the Council of Europe, English or French.

The candidates were heard in alphabetical order. Each of them made a brief presentation on their views on the role of the national judge in the Court. The Commission addressed the candidates questions on certain problems and issues.

Each member of the Commission assessed each candidate secretly assessing their overall performance.

Results on the final approval

On 25 August 2016, the list of three candidates (in English alphabetical order) selected from the ad-hoc Consultative Commission for the office of Albania's judge in the European Court of Human Rights (ECHR) was published on the Prime Minister's Office website.

Appendix 1 – Sokol BERBERI

(open)

2. CURRICULUM VITAE 
			(2) 
			Text in bold indicates
posts or missions held at present.

I. Personal details

Name, forename: Berberi, Sokol

Sex: male

Date and place of birth: 7 January 1967, Cairo, Egypt

Nationality: Albanian

II. Education and academic and other qualifications

  • 2015 – Doctor of Law (Ph.D.)
  • 2003–2005 – LL.M., Constitutional Law, Law School, Tirana University

Pre-Mission Course for Human Rights Field Officers organized by the Foreign Affairs Department of Switzerland-May 2000, Geneva

International Legislative Drafting Institute- June 15-26, 1997 International Program on Legislative Drafting,

The Public Law Center, New Orleans, USA

Institute of Social Studies-Development Law and Social Justice Program- September-October 1994, The Hague, Netherlands

Global Legal Information Network- February 3-21, 1997

The Law Library of Congress, Washington DC, USA

Graduate Public Administration Training Program-September 1995, Charles University, Prague, Czech Republic.

Promoting Justice through Professional Development-May 1998, The leadership Institute, Memphis, USA

Participated in many international training programs and Seminars on Rules of Procedure, Constitutional Law and Human Rights

  • 1986–1990 – Law Degree, Law School, Tirana University

III. Relevant professional activities

a. Description of judicial activities

  • 2007–2016 – Member of the Constitutional Court of Albania
  • 1990–1991 – Judge Investigator in Tepelena’s District, Albania

b. Description of non-judicial legal activities

  • 2003–2007 – Legal Advisor (part-time) to the President of the Republic of Albania, Tirana
  • 2004– Member of the Legislative Reform Commission

Advisory Body of the Minister of Justice of Albania, Tirana

  • 1997–1998 – Legal Advisor to the Chairman of the Parliament of the Republic of Albania, Tirana
  • 1991–1997 – Legal Advisor for Parliamentary Committees

Legal Advisor to the Parliamentary Committee on Human Rights, Tirana

c. Description of non-legal professional activities

  • 2000–2007 – Executive Director of the Albanian Centre for Parliamentary Studies, Tirana
  • 2003–2010 – Part-time Lecturer of Constitutional Law, Law School, “Luarasi” University, Tirana

  • 2013– Part-time Lecturer of Legal Writing and Legislative Drafting, Law School, European University of Tirana

  • 1998– Part-time Lecturer of Legal Writing and Reasoning, Magistrate School, Tirana

  • 2002–2007 – Director of the “Parliamentary Law and Legal Policies” Journal published by the Center for Parliamentary Studies (CPS), Tirana

IV. Activities and experience in the field of human rights

  • 1991–1997 – Legal Advisor to the Parliamentary Committee on Human Rights
  • 1999–2000 – Project Director

Project of the Albanian Helsinki Committee in cooperation with Netherlands Helsinki Committee for monitoring prison and pre-detention sites in Albania

  • May, 1999 – Attended a training course on monitoring techniques and methodology provided by the Polish Helsinki Foundation on Human Rights
  • 2002 – Member of the Steering Committee of the Albanian

Coalition against Corruption (Comprising more than 100 NGOs), Tirana

Local Key Expert, World Bank Project on Judicial Reform

  • 2004–2005 – Local Key Expert, TA and Training for the Ministry of European Integration Europe aid/113435/D/SV/AL
  • 2003 – Director of the program “Public Participation in the Legislative Process”, supported by the Open Society Foundation (Soros)
  • 2003 – Chief Trainer of Training program on legislative drafting for the legislative offices of the Ministries, supported by the Soros Foundation
  • 2003–2004 – Director of the project “Monitoring the Parliamentarians” Drafted an Ethics Code for MPs, supported by MSI/USAID
  • 2002–2003 – Expert in the working group for the Project: “On the Proposal of Policies and several rules for short-term and middle-term action to establish an acceptable system for juvenile justice in Albania”, established and funded by UNICEF, 2002
  • 2002–2003 – Expert in the working group for the Project: “Assistance for Legislative Changes and Implementation of the Albanian Law on the Asylum Procedures”, funded by UNHCR, 2002
  • 2001–2002 – Project Director, “Relations between MPs and electorate: Increasing the Representation and Trust in the Institutions”, funded by Open Society Foundation (Soros), 2001
  • 2002 – Project Coordinator and trainer for the Project: “Local Government Autonomy Building, funded by Norwegian People-s Aid
  • 2002 – Trained Local Administration staff on Implementation of Local Autonomy Principals
  • 2002 – Expert in the working group for the Project: “Filling out legal gaps in the Asylum System; Drafting of regulations on Local Integration and lobbying strategy”, funded by UNHCR, 2002
  • 2001–2002 – Project Coordinator and Chief drafter: “Drafting the law on parliamentary investigation as a constitutional obligation”, funded by World Bank and Institute of Contemporary Studies, 2001
  • 2001 – Member of the working group for the Project: “Increase Youth Participation in the parliamentary and political life of the country”, funded by Democracy Grant Commission, American Embassy, 2001
  • 1997–1998 – Chairman of the Parliament of Albania Appointee to follow and participate in the drafting process of the Constitution of the Republic of Albania
  • 1997–1998 – Member of the working group for the drafting of the Rules of Procedure of the Parliament of the Republic of Albania
  • 1996–1999 – Member of the working group examining the compatibility of the Albanian legislation with the European Convention on Human Rights - under the auspices of the Council of Europe
  • 1997–1998 – Member of the working group for the drafting of the Law on Asylum - under the auspices of the UNHCR
  • 1997–1999 – Member of the working group for the drafting of the Law on the Right of Information to the official documents and personal data protection
  • 1998 – Trainer for lawyers on legislative drafting assisting the NGOs, supported by the ORT Democracy network. A manual on legislative drafting was produced at the end of the training
  • 1999 – Co-Director of a temporary center established by seven NGOs working on collecting testimonies about the genocide and crimes committed during the war in Kosovo

V. Public activities

a. Public office

  • 2007–2016 – Member of the Constitutional Court of Albania
  • 1997 – Legal Advisor to the Presidency of the Parliament
  • 1991–1997 – Legal Advisor to Parliamentary Committees

Legal Advisor to the Parliamentary Committee on Human Rights

  • 1990–1991 – Judge Investigator in Tepelena’d district
  • 2005 – Member of the Legislative Reform Commission, advisory Body of the Minister of Justice of Albania
  • 2003 – Legal Advisor (part-time) to the President of the Republic of Albania

b. Elected posts

Member of the Constitutional Court of Albania

c. Posts held in a political party or movement

None

VI. Other activities

None.

VII. Publications and other works

  • Doctorate thesis : “Constitutional structural limits of legislative power and constitutional control”, approved by the Scientific Council, 2015
  • Two publications in the School of Magistrate Journal
  • A publication in the Lawyers’ Journal
  • Monograph, “Legal writing and reasoning”, School of Magistrates, adopted by the Council of scientific publications, Tiranë 2012
  • Monograph, “Principles and rules for drafting legal acts: legislative technique”, Morava Publishing House, 2011
  • “Constitutional Boundaries of the parliamentary investigation power”, Curentul Juridic, The Juridical Current, Le Courant Juridique, 2014, vol.56, pg.33-42
  • “Constitution as a living instrument and constitutional interpretation”, “Mendimi” Law Journal, “Luarasi” University, no. 2, 2014

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

Albanian

X

   

X

   

X

   

b. Official languages:

 

English

X

     

X

 

X

   

French

X

     

X

   

X

 

c. Other language:

 

Italian

X

       

X

   

X

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

I confirm.

X. Other relevant information

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I confirm.

Appendix 2 – Gent IBRAHIMI

(open)

CURRICULUM VITAE 
			(3) 
			Text in bold indicates
posts or missions held at present.

I. Personal details

Name, forename: Ibrahimi, Gent

Sex: male

Date and place of birth: 20 March 1970, Tirana, Albania

Nationality: Albanian

II. Education and academic and other qualifications

  • August 1992–June 1993 – completed master degree program on Constitutional Law at the Central European University in Budapest/Hungary
  • 1988–1992 – completed university studies in law (bachelor program) at Tirana University, Tirana, Albania

III. Relevant professional activities

a. Description of judicial activities

N/A

b. Description of non-judicial legal activities

More than 23 years of legal professional experience as a researcher, lecturer of law, government lawyer and civil society lawyer/activist focusing on: a) legislative policy, advocacy and drafting; b) human rights research, monitoring and advocacy; c) public policy formulation and implementation; and d) consulting services on issues related to governance, human rights, public sector and judicial reform, anti corruption policies, audio-visual media and freedom of speech. The aforementioned experience is underpinned by academic studies on constitutional law, followed by direct experiences as lecturer of constitutional and administrative law at the schools of magistrates of Albania and Kosovo and various law schools in Albania, as public official in Albania and as a civil society lawyer/activist. More than 15 years of direct consultancy experience provided in the framework of international technical assistance programs implemented or financed by the European Union, Council of Europe, World Bank, USAID, Danish Aid, Swedish Aid, OSCE, OECD/Sigma and numerous western consulting firms. Wide range of consulting experiences, particularly, in Albania and Kosovo. Proven successful expertise in: legislative policy, drafting and advocacy; human rights with a focus on the work of the European Court of Human Rights, judicial reform including judicial governance, judicial organization, judicial efficiency, transparency and accountability; public sector reform spanning administrative procedures, transparency and delivery of services (including at local government level); anti corruption frameworks and policies including corruption proofing of public services, criminal response to corruption, immunity of public officials (including judicial immunity), international judicial cooperation, asset forfeiture, asset declaration and audit, public sector and judicial ethics, training of magistrates and of law enforcement officials, inter-institutional cooperation and overall anti-corruption frameworks, audio-visual media, media ownership and self – regulation, privacy, defamation and freedom of speech. Deep knowledge of international standards on human rights, public sector policies, judicial governance, organization, efficiency, independence and accountability as well as anti-corruption.

c. Description of non-legal professional activities

  • Chief executive officer of the Institute for Policy & Legal Studies, a Tirana based think tank (not for profit and public interest organization) specializing on judicial reform, public sector reform and human rights
  • 2008–2013 – Member of the Albanian Audio Visual Media Authority

IV. Activities and experience in the field of human rights

  • Research on human rights issues, with special focus on the work of the European Court of Human Rights, materialized in a series of publications (please see list of relevant publications below);
  • Involved in the preparation of a survey of Kosovar refugees displaced to Albania during the Kosovo war of 1999, the analysis of patterns of refugee flows, and the drafting of conclusions that were eventually supplied to the Hague Tribunal through the American Association for the Advancement of Sciences (1999);
  • Research and written contributions on international trafficking in persons (2000);
  • Technical services for the preparation of a guide to the Albanian judicial system intended to enable private persons to effectively avail themselves of their due process rights in the course of judicial proceedings (2001);
  • Technical services for the assessment and recommendations (including drafting of legal provisions) concerning asylum legislation and practice in Albania (2001);
  • Training of asylum system officials on international and domestic legislation in the field of asylum and refugee rights (2002);
  • Legal assistance to media (including pro bono work) concerning issues of media ownership and media regulation and self regulation (1999, 2001 and 2002);
  • Technical services for the preparation of instruments aimed at measuring the level of satisfaction of court users (2003 and 2015);
  • Technical services and pro bono work in the framework of a three year project, entitled “Fair Trial and Human Rights”, aimed at enhancing access to justice, observation by the courts of due process requirements, judicial transparency and impartiality (2006 – 2008);
  • Pro bono technical assistance provided to interest groups seeking referendums on: (i) the construction of an industrial park in the Vlora bay (2005); (ii) the construction of storage and docks for oil tankers (again in the Vlora bay) (2007); (iii) the partial repeal of certain constitutional amendments (2008) and (iv) the partial repeal of the law “On integrated waste management” (2014);
  • Technical services for the assessment of the Albanian law on immunities and privileges of government officials and for the formulation of policies and legal provisions (including constitutional provisions) aimed at overhauling the regime of immunities (2014);
  • Technical services for the assessment of the law and practice of access to official information in Albania (2014);
  • Technical services for the assessment and recommendations concerning the investigation of corruption related offences (2015);
  • Technical services for the assessment and recommendations concerning the adjudication of corruption related offences (2015);
  • Technical services and pro bono work for the assessment of legal aid and recommendations thereon 2016;
  • Technical services and pro bono work aimed at enhancing the capacity of the Albanian courts to effectively enforce the “best interest of the child” principle in the course of divorce proceedings (2016);
  • Technical services for the preparation of a baseline study on existing legal and fiscal framework for philanthropy in South Eastern Europe (2016);
  • Technical services provided to the Albanian government to promote a more enabling environment for civil society development (2016);
  • Regularly involved in the training of journalists and media managers on issues of access to information, media self – regulation, defamation, moral damages, freedom of expression and privacy;
  • Regularly involved in the training of judges on issues of access to information, defamation, moral damages, freedom of expression, privacy, judicial ethics, administrative law and constitutional law;
  • Involved in the drafting and advocacy of key legislation for an enabling environment for civil society such as the applicable Albanian law on non-profit organizations, the former and current Albanian laws on access to information, the law on the Ombudsman and its by laws, the Public Notice and Comment law and the Whistle Blowers Protection Act. Co – authored the only available legal commentaries on the non-profit organizations law and access to information law.

V. Public activities

a. Public office

  • Co-chair of the group of independent experts currently attached to the parliamentary ad hoc committee on constitutional reform
  • Chairperson of the advisory board of external consultants to the Minister of Justice of Albania

b. Elected posts

  • Member of the Audio-Visual Media Authority in 2008-2013

c. Posts held in a political party or movement

N/A

VI. Other activities

Duration

Location

Institution / Company

Function

Field

01/15 – ongoing

Albania

Institute for Policy & Legal Studies

Chief Executive

Think Tank (public benefit and not for profit organization) specializing on public sector reform, judicial reform and human rights.

03/15-06/15

Albania

OSCE

Team leader

Support to Decentralization Reform in Albania

04/14-01/15

Albania

IBF Consulting (Belgium)

Senior Expert

Anti Corruption Framework Assessment in Albania.

01/14-04/14

Albania

SIPU International (Sweden)

Expert

Assessment of the legislation and policies on anti – social behaviour followed by drafting of policy recommendations and proposed legal provisions.

01/14-08/16

Albania

European Union Delegation to Albania

Legal and Policy Analyst

Provision of independent analysis services to the EU Delegation to Albania on developments taking place in relation to the Constitution, state institutions, electoral reform process, human rights and other legal issues.

04/13-09/13

Albania

SIPU International (Sweden)

Team Leader

Studying partnerships in the community policing context.

11/13-01/14

Albania

OSCE

Expert

Assistance to the National Anti-corruption Coordinator in assessing the anti-corruption framework in place and in preparing a draft anti corruption strategy.

05/12-12/12

Albania

European Union Delegation to Albania

Expert

Services aimed at informing the EU delegation to Albania on anti-corruption policy and regulatory developments.

05/12-01/13

Albania

Open Society Foundation

Team Leader

Monitoring and reporting on the implementation of the national anti-corruption strategy.

06/12-07/12

Albania

Social Impact Inc. (US)

Expert

Assessment of the relevance, effectiveness and efficiency of the United States Government program of assistance to Albania (2008-2011).

06/12-08/12

Albania

Council of Europe

Expert

Services aimed at ensuring effective deterrence of illicit enrichment of judges and effective detection of such enrichment.

12/09-12/12

Albania

Council of Europe / European Union

Long Term Adviser

Performed role of Long Term Adviser in the largest anti-corruption technical assistance project implemented in Albania.

09/08-06/10

Kosovo

National Centre for State Courts (US)

Long Term Expert

Curriculum development and instructional services on judicial ethics, constitutional law and administrative law.

08/07-09/07

Albania

Chemonics International Inc. / (US)

Expert

Enhancing the effectiveness and quality of business registration in Albania.

12/06-01/07

Albania

Chemonics International Inc. / (US)

Expert

Preparation of the necessary legal framework for business registration and licencing in Albania.

03/08-05/08

Albania

OECD/Sigma

Expert

Analysis and drafting services for the revision of the laws on administrative procedures, administrative disputes and development of the administrative justice system.

05/06-12/06

Kosovo

OSCE

Mid Term Expert

On-going legal assistance to legal department of the Ministry of Justice and UNMIK.

12/05

Albania

OECD/Sigma

Expert

Assessment and recommendations on administrative procedures and administrative justice in Albania.

06/05-10/05

Albania

DPK Consulting (US)

Expert

Assessment of the system for evaluation of judicial performance, professionalism and integrity.

02/05-09/05

Albania

World Bank / Legal and Judicial Reform Project

Team Leader

Enhancing the dissemination of information, public relations and the delivery of services at the Ministry of Justice of Albania

01/03-06/03

Albania

Danish International Aid Agency

Expert

Assessment of needs and building of the capacities of judicial inspection in Albania

11/02-01/03

Kosovo

United Nations Mission in Kosovo

Expert

Research and drafting services for the preparation of a new administrative procedures law for Kosovo

05/03-06/03

Albania

World Bank

Team Leader

Enhancing service delivery by the Tirana City Hall.

08/02-09/02

Albania

Danish International Aid Agency / American Bar Association

Expert

Assessing the needs and constraints of judicial training in Albania.

09/01-12/01

Albania

Local Government Initiative / Open Society Institute

Expert

Streamlining municipal services and public information at the Tirana City Hall.

05/00-08/00

Albania

World Bank / Legal and Judicial Reform Project

Expert

Enhancing administrative capacity and academic integrity in higher education.

05/97-03/99

Albania

Minister of State for Legislative Reform

Adviser

Advising on the government legislative program and policy, legal drafting and relations with parliament.

01/94-05/97

Albania

Open Society (Soros) Foundation

Legal Program Officer

Management of the foundation’s legal program including a grants’ scheme.

11/93-03/99

Albania

Tirana University

Lecturer of law

Lecturer of Administrative Law

VII. Publications and other works

Please note that the following list of 10 publications and works includes those that are directly relevant to the advertised position as a judge on the European Court of Human Rights.

  • Research, analysis and systematic presentation of the ECHR case law on article 10 of the Convention - 2000 (first edition) – co-authored;
  • Freedom of Expression: the applicable law and court jurisprudence (including references to the relevant ECHR case law on article 10 of the Convention) – 2003 – co-authored;
  • Commentary on the law and practice of access to information (including references to the relevant ECHR case law on article 10 of the Convention) – 2003 – co-authored;
  • Commentary on the law and practice concerning the incorporation, organization and functioning of charities (including references to the relevant ECHR case law on article 11 of the Convention) – 2004 – co-authored;
  • Commentary on the law and practice concerning the interaction between administrative authorities and private persons (focusing on the interpretation and implementation of the Administrative Procedures Code) and the judicial review of administrative action (including references to the relevant ECHR case law on article 6 of the Convention) – 2004 – co-authored;
  • Research, analysis and systematic presentation of the ECHR case law on article 10 of the Convention - 2005 (second edition) – co-authored;
  • A survey of the case law and analysis of due process rights in the course of judicial proceedings (including references to the relevant ECHR case law on article 6 of the Convention) – 2006 (first edition) and 2007 (second edition) – co-authored;
  • Guidebook on the investigation of corruption and financial crimes – 2010 – drafted Chapter 5 of Part 2 of the Guidebook on the case law of the European Court of Human Rights on the use of special means of investigation (secret surveillance, undercover operations, entrapment/provocation and the use of informants) in the light of article 8/2 of the Convention;
  • Research, analysis and systematic presentation of the ECHR case law on privacy (article 8) - 2012 – co-authored;
  • Research, analysis and systematic presentation of the ECHR standards on defamation – 2015 – edited.

Another piece of relevant work, entitled “The European Court of Human Rights and the Rights of Child”, again co-authored, is under preparation.

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

Albanian

X

   

X

   

X

   

b. Official languages:

 

English

X

   

X

   

X

   

French

   

X

         

X

c. Other languages:

 

Italian

X

     

X

 

X

   

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

I hereby confirm that I will follow intensive French language classes prior to, and if need be, also at the beginning of my term of duty if elected a judge on the Court.

X. Other relevant information

  • Chairperson of the advisory board of external consultants to the Minister of Justice of Albania;
  • Co-chair of the group of independent experts currently attached to the parliamentary ad hoc committee on constitutional reform.

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.

Appendix 3 – Ina RAMA

(open)

CURRICULUM VITAE 
			(4) 
			Text in bold indicates
posts or missions held at present.

I. Personal details

Name, forename: Rama, Ina

Sex: female

Date and place of birth: 21 November 1972, Tirana, Albania

Nationality: Albanian

II. Education and academic and other qualifications

  • 1991–1995 – Law Faculty at University of Tirana
  • 1999–2002 – Albania’s Magistrate School, profile judge
  • 2011–ongoing – PHD Candidate at the University of Tirana. The thesis is titled: The Prosecution System as a Constitutional Institution

III. Relevant professional activities

a. Description of judicial activities

From 1996 to 1999 served as a Deputy Judge at the First Instance Court of Durres. According to the legislation of the time, the deputies had the right to take part at the judicial process and the right to vote in the decision-making process, with equal status to the presiding judge.

From 2001 to 2005 served as a judge at the First Instance Court of Lushnja. During the tenure as a judge at this court the main cases that have been treated were civil cases, judged within the authority of an individual forum and penal cases, judged mainly by a panel of three judges:

From 2005 to 2007 served as a judge at the Appeals Serious Crimes Court in Tirana. The caseload at the court focused on criminal proceedings linked with organized crime, drug smuggling and human trafficking, as well as arms trafficking.

From 2005 to 2007 served as a judge in Albania’s Electoral College. The Electoral College is a specialty court that reviews appeals on the decisions of Albania’s Central Electoral Commission, CEC. All the cases that were reviewed in the Electoral College were linked with electoral disputes, previously ruled upon by the CEC.

From 2007 to 2012 served as Albania’s General Prosecutor. Based on Albania’s constitutional principles, the general prosecutor sits on top of the pyramid of the prosecution system and is responsible for its organization and functioning. The general prosecutor holds also the position of the highest prosecutor having the right to abrogate or dismiss the decisions of lower ranking prosecutors in the country. Also, the general prosecutor is responsible for the application of the criminal proceedings in accordance with the criminal and procedural law.

b. Description of non-judicial legal activities

  • 2007 – Professor of Criminal Law at Aleksander Moisiu University, Durres
  • 2007 – ongoing – Expert at the School of Magistrates in Tirana. Guiding the training activity of the school, in which judges and prosecutors have taken part. The main focus of the trainings has been criminal law and criminal procedural law.
  • 2015 – ongoing – Professor at the School of Magistrates on Criminal Procedural Law.
  • 2014 – ongoing – Professor of Administrative Law in the Tirana Business University.
  • 2007–2012 – Deputy head of the Board of Directors of the School of Magistrates.

c. Description of non-legal professional activities

  • 2014 – ongoing – Legal adviser of the CEO of Credins Bank. The main activity at this post is linked with banking procedures, in particular with the research and application of the legal framework in order to establish the first private stock and securities exchange in Albania.

IV. Activities and experience in the field of human rights

In the role of Albania’s Prosecutor General from 2007 to 2012 reported on an annual basis to parliament on the state of criminality in the country. The report includes also detailed information on criminal proceedings related to human rights abuses as prescribed under Albania’s Criminal Code.

V. Public activities

a. Public office

b. Elected posts

  • 2015–ongoing – Ad Hoc judge at the European Court of Human Rights.

c. Posts held in a political party or movement

VI. Other activities

None.

VII. Publications and other works

VIII. Languages

Language

Reading

Writing

Speaking

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

 

 

 

 

 

 

 

 

 

Albanian

x

   

x

   

x

   

b. Official languages:

 

 

 

 

 

 

 

 

 

English

x

   

x

   

x

   

French

                 

c. Other language:

 

   

 

 

 

 

 

 

Italian

x

     

x

 

x

   

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court.

Yes, I confirm my intention to follow intensive language classes in the French language.

X. Other relevant information

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court.

Yes, I will take up permanent residence in Strasbourg if I will be elected as a judge on the Court.