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Legal Alert on restart of court hearings

Legal Alert on restart of court hearings

Amendments to the Normative Act on “Special measures in judicial activity throughout the duration of epidemic situation caused by Covid-19”

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The Albanian Council of Minister approved the Normative Act no. 21, on “Amendment to the Normative Act no.9, dated 25 March 2020” (the “Amendment”). The Amendment is published in the Official Gazette no. 98, dated 29 May 2020, and is effective as of the same date.

Restart of court hearings

According to the Amendment, the court hearings (civil, administrative and criminal) which, by virtue of the Normative Act no.9, were previously suspended until termination of epidemic situation, may now take place. However the development of the court hearings is conditioned by meeting all the necessary organizational measures, necessary for avoiding of gatherings in court premises and inside court rooms.

Termination of suspension period for lawsuits, appeals and other judicial proceedings

The suspension period for filing lawsuits, appeals and performance of other judicial proceedings is terminated. This means that as of the effective date of this Amendment the period and time bar for filing of lawsuits, appeals and performance of other judicial proceedings shall continue to run.

Distance participation in the court hearings

Under the Amendment, the courts are required, where possible, to ensure the participation of the parties in the court hearings through audiovisual interface, by using adequate software for this purpose. Such court hearings shall take place only if the parties have granted their consent.

During these court hearings the evidence and documents shall first be submitted and delivered electronically and at the same date the parties must deliver through registered mail the original or certified hard copies of documents and evidence.

© 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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