Albanien - Zentrale Behörde (Art. 2)
Central Authority(ies):
Ministry of Justice
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Contact details:
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| Address: | Ministry of Justice Department of Foreign Jurisdictional Relations Blv Zogu i I TIRANA Albania |
| Telephone: | +355 42 230 247 |
| Fax: | +355 42 234 560 |
| E-mail: | foreigndepartcivil@drejtesia.gov.al |
| General website: | http://www.drejtesia.gov.al |
| Contact person: | Ms Diana Stillo SILA Email: diana.stillo@drejtesia.gov.al |
| Languages spoken by staff: | English |
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Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires |
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| Blocking statutes: | None |
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Chapter I
(Letters of Requests) |
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| Transmission of Letters of Requests: | Letters of Request are first sent to the Central Authority, before being sent to the Central Authority of the requested State. |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): | Central Authority |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Declaration of applicability. |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): | No declaration of applicability. |
| Translation requirements (Arts 4(2) and 33): | Accepts Letters of Requests written in the language of the requesting State accompanied by a translation into in Albanian. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): | Albania may seek reimbursement of costs if execution requires additional costs or fees associated with the provision of legal assistance. |
| Time for execution: | On average, approximately 6 months. |
| Art 23 pre-trial discovery of documents: | Letter of Request will not be executed (Full exclusion). |
| Information about domestic rules on the taking of evidence: | http://www.drejtesia.gov.al/legjislacion |
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Witness examination under Chapter I
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | Yes, specific questions are required. |
| Is it a public or private hearing? | Public hearing, as a rule. The law provides that some subjects be conducted in private hearings. The Judge may also determine that in light of the specific circumstances of the case, a private hearing is required. |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | No |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No |
| Are documents produced by the witness authenticated by the court? | Yes |
| Is an oath generally administered to the witness? | Yes |
| Can the witness be made subject to further examination and recall? | Yes |
| Are there sanctions for non-appearance of witness? | Yes |
| Must interpreters who assist with the witness examination be court-certified? | Yes |
| How is the testimony transcribed? | The court makes a record of the witness' testimony. |
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Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners) |
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| Article 15 | Not applicable |
| Article 16 | Not applicable |
| Article 17 | Not applicable |
| Article 18 | Not applicable |
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Taking of evidence by video-links
(under either chapter) |
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Chapter I
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| Are there legal obstacles to the use of video links? | No |
| Technology used: | No information available |
| Level of interpretation required: | As determined by the requested Court. |
| Simultaneous or in sequence interpretation: | As determined by the requested Court. |
| Interpretation required in which jurisdiction? | As determined by the requested Court. |
| Who pays for the interpretation? | As determined by the requested Court. |
| How would a request for evidence be handled if witness not willing? | As determined by the requested Court. |
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Chapter II
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| Are there legal obstacles to the use of video links? | Not applicable |
| Technology used: | Not applicable |
| Level of interpretation required: | Not applicable |
| Simultaneous or in sequence interpretation: | Not applicable |
| Interpretation required in which jurisdiction? | Not applicable |
| Who pays for the interpretation? | Not applicable |
| Bilateral or multilateral agreements | 1. Bilateral Agreements onjudicial co-operation: "Agreement between the Republic of Albania and the Republic of Bulgaria On mutual legal assistance in civil matters".2005 Agreement between the Republic of Albania and the Republic of Turkey for the assistance of mutual legal in civil, commercial and criminal matters 1995 Agreement between the Republic of Albania and the Republic of Macedonia for the assistance of mutual legal in civi,and criminal matters 1998 Treaty between the Republic of Albania and the Republic of Turkey for the assistance of mutual legal in civil, familiar and criminal matters 1960 |
| Useful links: | http://www.drejtesia.gov.al/legjislacioni |
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