Twinning Agreement
September 27, 2022 2022-09-27 9:46Twinning Agreement
Twinning Agreement:
On November 11, 2008, in Naples, Italy, the Twinning Agreement was signed between the Bar Association of Naples and the Bar Association of Tirana. The purpose of the twinning process is, among others, to promote and strengthen the legal cooperation between the lawyers of both Bars, while it will contribute to the identification and evaluation of professional activities for the protection of the common interests of lawyers in both countries.
The main issues in the cooperation of DH.KASH with CCBE:
Law no. 9109, dated 17.07.2003, "On the profession of lawyer in the Republic of Albania" amended by Law no. 10 047, dated 24.12.2008 "On some additions and amendments to the Law on the profession of lawyer in the Republic of Albania" and the unconstitutional declaration of Article 48, paragraph 4 by the Constitutional Court.
The National Chamber of Advocates sent to the Constitutional Court of the Republic of Albania the amendments approved by the Assembly of Albania in Law no. 10 047, dated 24.12.2008 "On some additions and amendments to the Law on the Profession of Lawyer in the Republic of Albania", because they were in open contradiction with the Constitution and the main international principles and standards of the lawyer profession. During this process, the Council of Bars and Legal Associations of Europe supported the process of objections from the National Chamber of Advocacy regarding the amendments to the Law before the Constitutional Court.
With Decision no. 7, dated 12.03.2010 of the Constitutional Court with the object "Repeal as incompatible with the Constitution of point 4 of article 48 of Law no. 9109, dated 17.07.2003 "On the Profession of Lawyer in the Republic of Albania", amended by Law no. 10047, dated 24.12.2008, point 4 of article 48 of the Law was repealed, which had this content: "The Minister of Justice and the Governing Council of the National Chamber of Advocacy determine by joint decision the expenses for the registration of candidates for lawyers, the organization of the exam and the announcement of its results, which must be equal to the cost to be borne in this case, as well as the fee for obtaining a license for lawyers."
The provision of lawyers with fiscal cash registers and the application of VAT in the amount of 20%.
The National Chamber of Advocates of Albania has sent to the attention of the CCBE the developments regarding Law No. 9920 of May 19, 2008 "On Tax Procedures in the Republic of Albania", as amended, which regulates the obligations of taxpayers, including lawyers, to register payments in cash through fiscal cash registers by determining sanctions for non-fulfillment of the obligation to set up fiscal cash registers, which are classified from penalties to the suspension or closure of taxpayers' activities. The changes also determine the right of the tax authorities to confiscate any document, computer or fiscal equipment and other means of recording data from taxpayers. Another worrying issue, consulted with CCBE, are the legal changes on the application of VAT in measure 20% for lawyers (professions), regardless of the lawyers' annual income.
Mr. Georges-Albert Dal, President of the Council of Bars and Legal Associations of Europe, has officially addressed the Prime Minister of Albania, Mr. Sali Berisha, as well as the highest authorities of the Albanian State, to express some concerns and problems that the initiatives of end of the Government (for fiscal funds and the application of VAT for lawyers) which contradict the main principles of the lawyer's profession in a democratic society. The practice of European countries related to fiscal funds and the application of VAT for lawyers has been sent to the Albanian Government for consultation.
TAIEX Workshop.
In cooperation with the Council of Bars and Legal Associations of Europe (CCBE) and the Instrument of the European Commission (TAIEX), on May 7-8, 2009, a Workshop was organized in Tirana on the topic "Rule of Law: The Role of Lawyers and Judges". 100 female lawyers from the bar chambers in the districts and 50 judges from different courts of the country take part in this activity.
Consulence on the progress of the Annual Report of the European Union on the European Integration Process of Albania.
Due to the membership of DHKASH in the CCBE, the European Commission, through the CCBE, has periodically requested information regarding the implementation of justice reforms in Albania, as part of the process of Albania's integration into the EU, giving special importance to the opinion and the problems presented by the management structures of DHKASH. In this function, meetings have been organized with the experts of the European Commission, who monitor the implementation of reforms in the field of justice in the country.