The effects of the new judicial map on family disputes resolution

by, Assoc. Prof. Dr. Juelda LAMÇE & Av. Msc. Arbesa KURTI

Abstract

The family is one of the most important institutions of our society, which has been given a special protection in national and international acts. In 2004, the Family Code entered into force, providing a set of legal norms for the regulation of relations between spouses, cohabitants, parents and children. In addition to these norms, there were also provided provisions which regulate the resolution of other disputes within family relations. Due to social, political, cultural and technological changes, affected as well by Albania’s long transition since 1990, the core of the family has been challenged, affecting the increase of disputes and the number of cases presented to the courts. On the other side, the vetting process in Albania has led to a backload of cases, most of which are civil procedures. Recently, the High Judicial Council has taken the initiative to create a new judicial map, which will lead to the reorganization of the judicial system and the reduction of the number of district courts and courts of appeal. This reorganization and reduction of courts will also affect the resolution of family disputes, especially of those who are vulnerable, in economic difficulties, minors, individuals with disabilities, limiting de facto the right to access the court. In order to provide a complete picture of the effects that the new court mapping may have on resolving family disputes, this paper will analyze the Albanian legal framework, related case law and the challenges that have been encountered so far. It will focus as well on the doctrinal debate, giving concrete recommendations to the revision of the draft report on the new judicial map.

How to cite: Lamçe, J., & Kurti, A. (2022). The effects of the new judicial map on Family Disputes Resolution. Jus & Justicia, 16(2), 28–39.

https://doi.org/10.58944/ukdd7263