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Legislative measures to cope with Covid-19 outbreak

Legislative measures to cope with Covid-19 outbreak

In order to cope the outbreak of COVID-19, the Albanian government and public authorities have taken further legislative and regulative measures to determine specific operational rules in different sectors. Below we are introducing with these measures.

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Normative act on temporary suspension of judicial and prosecution proceedings

The Albanian Council of Ministers has approved on 25 March 2020 the Normative Act no.9, on “Adoption of Special Measures in the area of judicial proceedings, during the period of epidemic situation caused by COVID-19”. The Normative Act is published in the Official Gazette no.49, dated 25 March 2020, and is effective as of the same date.

Scope of the normative act

The scope of this normative act is to determine the special rules for carrying out of the judicial and prosecution activities and proceedings during the endurance of epidemic status caused by COVID-19.

Special measures and impact to the judicial proceedings

Under Article 3 of the Normative Act, the court hearings for administrative, civil and criminal cases scheduled by all the courts shall be postponed until the end of the epidemic status caused by COVID-19. Furthermore, the deadlines for filing the lawsuits, claims, appeals and carrying out of procedural proceedings shall be suspended for the period from the entrance into force of the Normative Act until termination of the epidemic status. 

Exemptions 

Notwithstanding the above provisions, the Normative Act shall not apply to the following matters:

  • Administrative disputes having as subject matters adjudication on injunctions for which the court ascertains that resolving on these cases after the deadline determined above shall cause an irreparable damage to the involved parties.
  • Family law cases listed in the paragraph (a), clause 3 of article 3 of the Normative Act,
  • Criminal cases listed in the paragraphs (b), (c), (c), (d), (dh) and (e) of article 3 of Normative Act 

Other mandatory requirements

In order to comply with the safety and health rules determined by the Albanian authorities (e.g. public gatherings, etc.), the courts and prosecution offices are required to the extend possible to avoid public hearings and recommended to hold the hearing and other procedural proceedings through the electronic communication means which enable and ensure to the involved parties to listen and to speak.

Amendments to the Regulations of the Bank of Albania on credit risk management of banks, non-bank financial institutions as well as of saving and loan associations and their unions

On 12 March 2020 the Supervisory Council of the Bank of Albania has approved three decisions on change of current regulations which govern the credit risk management of banks, non-bank financial institutions and saving and loan associations and their unions. The decisions were published on the Official Gazette no.49, dated 25 March 2020 and are applicable as of the approved date.

Amendments to Regulation no.62, dated 14.09.2011

According to the Decision no.13 dated 12.03.2020 of the Supervisory Council of the Bank of Albania on “Amendments to Regulation no.62, dated 14.09.2011 on “Credit risk management from banks and branches of foreign banks in Albania”, the Articles 11 and 14 of the said regulation shall not be applicable by the licensed entities for the period March-May 2020. 

This means that the licensed entities i.e. banks, shall not perform the classification of loans granted to their clients for the period in scope. Furthermore the banks shall not be obliged to establish the respective reserve which depends on the loan classification.

Amendments to Regulation no.2, dated 17.01.2013

According to the Decision no.14 dated 12.03.2020 of the Supervisory Council of the Bank of Albania on “Amendments to Regulation no.2, dated 17.01.2013 on “Risk management in the activity of non-bank financial institutions”, the Articles 14 and 15 of the said regulation shall not be applicable to the licensed entities for the period March-May 2020. 

This means that the licensed entities shall not perform the classification of loans granted to their clients for the period in scope. Further, the licensed entities shall not be obliged to establish the respective reserve which depends on the loan classification.

Amendments to Regulation no.105, dated 05.10.2016

According to the Decision no.15 dated 12.03.2020 of the Supervisory Council of the Bank of Albania on “Amendments to Regulation no.105, dated 05.10.2016 on “Risk management in the activity of saving and loan associations and their unions”, the Articles 14 and 15 of the said regulation shall not be applicable to the licensed entities for the period March-May 2020. 

This means that the licensed entities, shall not perform the classification of loans granted to their clients for the period in scope. The licensed entities shall not be obliged to establish the respective reserve which depends on the loan classification.

KPMG team remains at your disposal for any inquiries you may have or assistance needed in the current situation. 

© 2020 KPMG Albania Shpk, an Albanian limited liability company and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.

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