ON THE ORGANISATION AND FUNCTIONING OF THE MINISTRY OF JUSTICE   |   8678

Article 6: The scope of the activity of the Ministry of Justice

The Ministry of Justice exercises its activity in the following fields.

1It follows and renders account for the accomplishment of overall state policy in the field of justice.

2It prepares drafts of legal and subordinate legal acts in the field of justice except the sublegal acts that fall under the competence of the state organs, in accordance to the provisions of the special laws.

3It gives a specialised opinion on drafts of legal acts and normative subordinate legal acts of the Council of Ministers, the ministers and the heads of other central institutions, as well as on the realisation of the reform of legislation in general.

4It gives a specialised opinion about the content of draft international agreements entered into in the name of the Republic of Albania or the Council of Ministers.

5It prepares and follows the implementation of unified Albanian methodology for the legislative process and the drafting of normative acts and legal terminology.

6It follows up and realises policies and activities related to approximation and integration of the system of justice with the respective international structures and initiatives as well as coordinating work with other institutions in the service of approximating Albanian legislation to that of the European Community Union and its Member States.

7It attends to the organisation and functioning of the services related to the judicial system and to justice in general except the services that fall under the competence of the state organs, in accordance to the provisions of the special laws.

8Minister of Justice may submit complaints to the High Inspector of Justice regarding the alleged disciplinary misconduct of magistrates, and can request the High Justice Inspector to conduct institutional and thematic inspections at courts and prosecution offices. Minister of Justice submits to the High Justice Inspector the reasoned request for inspection, only after evaluating all the available information in accordance to the legal provisions in force, showing that there are credible data that the magistrate committed the disciplinary misconduct.

9He directs the pre-trial detention system and the execution of criminal decisions.

10He directs the system of execution of civil decisions and executive titles.

11He directs the activity of the Centre of Official Publications.

12He analyses the statistical data and publishes the yearly statistical bulletin in the field of justice. The governance organs of the justice system shall, in accordance to the provisions by special laws, transmit the requested statistical data to the Ministry of Justice with the aim of publishing the yearly bulletin. The format of the yearly statistical bulletin and the frequency of the transmission of the information shall be regulated by the Order of Minister of Justice, after the consultations with other organs of the justice system, in accordance to the fields that they cover.

13He keeps the criminal records and issues certificates based on the registration.

14He supports and takes care of exercising, organization and functioning of the profession of the advocates, notaries, arbitrators, mediators, bankruptcy administrators and other professions related to the justice system, in accordance to the special legal provisions of the fields.

15He supervises, controls, inspects and conducts the disciplinary proceeding for the professions of notary, private bailiffs, mediators, bankruptcy administrators, and other professions related to the justice system, in accordance to the provisions of special laws in force for respective fields.

16He supports the activity in the field of juvenile justice, in the protection of their legitimate rights and interests, legal education and prevention of the breach of law by them, and also for exercising the services towards the juveniles from the respective structures of justice system, in accordance to the provisions of the special laws in force for respective field.

17He directs the service of legal expertise.

18He carries out the methodical direction of the civil status services.

19He carries out the methodical direction of the services and registration of immovable properties.

20He carries out the methodical direction of the legal offices of the ministries and other central institutions.

21He exercises the competences with regard to the initial and continuous professional training of the subjects provided in law on the governance institutions of the justice system, and also the professional enhancement and the specialization of the subjects of the special laws on legal professions, in accordance to the provisions of the special laws in force.

22It attends to and supports scientific activities in the field of justice and the dissemination of legal edification.

23It attends to following and coordination of relations with civil society in the field of justice.

24It pursues international cooperation in the criminal and civil matters and, in conformity with international agreements to which the Albanian state is a party, the realisation of jurisdictional relations with competent authorities of other countries as well as with international bodies.

25It carries out other functions in conformity with international agreements to which the Albanian state is a party.

26It performs other functions and activities in conformity with law.

27"The responsible structures for the information technology system provides to the Ministry of Justice access at the “visitor” level to the data generated by the respective electronic information technology systems and the documents created by the courts, showing the procedural continuation of the cases, excluding access to the data and documents that contain protected personal data, information regarding juveniles, state secrets, financial and business data of the parties, issues of security regarding the parties or witnesses or any other data and information protected by law. The responsible structures for the technology of information provides to the Ministry ofJustice access at the “visitor” level for the Ministry of Justice, to the data generated by the respective electronic information technology systems and the documents created by the prosecution offices, only after the finalization of the investigation, showing the procedural continuation of the cases, excluding access to the documents that contain protected personal data, information regarding juveniles, state secrets, financial and business data of the parties, issues of security regarding the parties or witnesses or any other data and information protected by law. "

28The Minister of Justice coordinates the work on the collection of data and drafts and submits the proposal to the Council of Ministers, regarding the recommendations for the Prosecution Office in issues related to the fight against criminality. The Minister of Justice shall inform the chief prosecutors of all levels on the most important recommendations related to the fight against criminality, which shall be followed during the coming year. The Minister of Justice shall follow the implementation of the recommendations issued from the Council of Ministers. On this regard, the Minister of Justice shall request information from the Prosecutor General and Chief Special Prosecutor, not less than 2 times per year, on the application of the recommendations. The received information shall be reviewed from the Minister of Justice and, based of the findings, a proposal shall be submitted to the Council of Ministers and to the High Prosecutorial Council, suggesting the measures that shall be taken in accordance to the law with the intention of fulfillment of the recommendations.

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