The Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe organised from 18 to 20 November 2014 an assessment mission in the capital of Albania. One component of the mission concerned the service of documents in Albania. In this context, the CEPEJ asked the expertise of Mathieu Chardon, 1st Secretary of the UIHJ.
The meeting was held in Tirana on 20 November 2014. The CEPEJ was represented by Jacques Bühler, President of Saturn Group, Tea Jaliashvili, Project manager, SEJ, Aida Bushati, National Long-term consultant, SEJ, Mathieu Chardon and Helen Jorry, experts. The judicial officers were represented by Tedi Malaveci, President of the National Chamber of the Judicial Officers of Albania. Representatives of the Ministry of Justice, of the Home Office, as well as Presidents of Courts, Police representatives and the Director of the Postal Services were also in attendance.
After a thorough discussion among the participants on the current state of the service of documents in Albania, Mathieu Chardon presented a report on good practices in different states. He emphasised the fundamental role of the service of documents in the fair trial. For that he relied on the jurisprudence of the European Court of Human Rights on Article 6 of the European Convention on Human Rights of 4 November 1950 (right to a fair trial). He mentioned in particular the following case law:
- Mihopala v. Latvia, 3rd section, 31 May 2007, No. 61655/00;
- Trudov v. Russia, 1st section, 13 Dec. 2011, No. 43330/09;
- Gospodinov v. Bulgaria, 10 May 2007, No. 62722/00;
- Popovitsi v. Greece, 14 January 2010, No. 53451/07;
- Ioannis Papageorgiou v. Greece, 1st section, 24 October 2013, No. 45847/09;
- And also, Belek & Ozkurt v. Turkey, 2nd section, 16 July 2013, No. 1544-1507; Mater v. Turkey, 2nd section, 16 July 2013, No. 54997/08; S.C. Raisa M. Shipping LLP v. Romania, 3rd section, 8 January 2013, No. 37576/05; Yabansu & al. Turkey, 2nd section, 12 November 2013, No. 43903/09.
He also mentioned the work of the UIHJ on service of documents. He particularly stressed the development by the UIHJ of a draft European Directive on a harmonised document initiating proceedings presented during the international conference it organized in 2009 in Sibiu (Romania) for the 10th anniversary of the European Council in Tampere on 15 and 16 October 1999 devoted to the creation of an area of freedom, security and justice.
The first secretary of the UIHJ relied on the Grand questionnaire of the UIHJ to which more than 50 countries responded. This questionnaire provides insight into how the service of documents is carried out there.
Finally, Mathieu Chardon did not fail to remind the importance of two key texts of the Council of Europe which provide sections on service of documents:
- Recommendation Rec (2003) 17 of 9 September 2003 on execution;
- And the Guidelines of 17 December 2009 for a better implementation of Rec(2003)17 on execution.
This presentation allowed participants to take the floor again, report about the existing difficulties, discuss and make proposals.
Mathieu Chardon was charged by the CEPEJ to prepare a report on the service of documents in Albania. This report was finalised in February 2015.
