General Assembly of Private Bailiffs TIRANË

1 YEAR 2015 ACTIVITIES ANALYSIS OF NATIONAL CHAMBER OF PRIVATE BAILIFFS

VISION “ National Chamber of Private Bailiffs– as progress factor for justice system– as innovation promoter– as strategic partner of private judicial bailiff ”

Analysis Standard How much did National Chamber transform vision into concrete steps?

On focus: 1.Professional Representation 2.Management 3.Legal and physical infrastructure 4.International Expertise 5.Private execution system part of Justice Reform 6.Dealing with the complaints 7.Responding to recent developments

We are inviting you To see all the activities not separately, but under a common denominator in which every part influences into the other one.

REPRESENTATION

Inter - institutional Relationships Act agreements partiesOBJECT NCHBAKSHI, ZQRPP,DPGJC, DPSHTRRElectronic interaction between SIAIP and ALBSrep and National Register of Civil Status NCHBISHTIEnforced Execution of the fines as enforceable titles through usage of private execution service NCHBAKUEnforced Execution of the fines as enforceable titles through usage of private execution service NCHBAKBNEnforced Execution of the fines as enforceable titles through usage of private execution service NCHBKESHEnforced Execution of enforceable titles through usage of private execution service

CONCRETE BENEFITS Supplying bailiffs with executive cases according to the enforceable title location criteria Overall usage of the bailiff capacities Added credibility to bailiffs Promoting Private Execution service as the unique success alternative

SIAIP Direct product of act agreements Everyday helping mean to bailiffs Simple, Immediate, Safe access Interactive with ZQRPP, DGJC, QKR dhe DPSHTRR and sufficient capacity to interact with all the possible electronic registers Credits to image: Innovation+ Modern Product Following the tendency of “e justice” and paperless execution

TABLES/ TRAININGS/ FORUMS Meeting with main target groups such as DPT, representative with World Bank, EURALIUS 4, EU Starting regional collaboration with Kosovo Chamber Albania Chamber participation into Madrid Congress (june 2015/voting for UIHJ directing structures) part for 2 years in UIHJ budget approvals Participation into the Permanent Council of UIHJ and activities report under an international focus Participation into third financial forum, organized by Bank of Albania and IMF where for the first time private bailiffs become part of the debate of NPLs Part of SEELS network and academic conferences

INTERNAL MANAGEMENT

1. Collegial decisionmaking– record of General Assembly meetings, 3 meetings within 6 months and important decision- makings related to proposals for Ethical Code approval, annual quota, projectbudget of 2015, proposals for limiting the number of licenses, approval of the Statute of Performance and Exercice of Bailiff activities 2. 7 meetings of Directing Council –proposals for important decision - makings 3. Full commitment of directing bodies to take decisions in accordance with the recent development

Legal and Physical Infrastructure

Statute of Performance and Exercise of Bailiff Activities A GUIDE STATUTE In response of the need of unification Is not doubling Civil Procedure Code, only orientates through a more practical approach 52 Modular – integral part of the statute– convenient for the daily activities– real assistance to daily bailiff activities

Directive “On the unchangeable value amount of the debt” 1.Bailiff is no more a simple technician, he acts as executive judge and balances parties interests 2.It puts into evidence a great illegality problem 3.It puts into evidence the non proportional damage to the debtor 4.On direct interest of private bailiff because: Values that artificially increase Charging burden to debtor interest Failure of the executive case

Directive “on Unification and temporary appliance of the wage attachment order” Unification of the minimum living level equal with the minimum wage level of 22,000 lek seen in harmony with article 533 of Civil Procedure Code Legal and Right balance of interests between debtor and creditor

Directive “For the appliance of the explanatory document of General Directorate of Taxation” Clear legal attitude related to the tax control on bailiffs. Practically, is unifying the way of invoicing the service, the obligation of bailiffs at the initial of the proceeding and during it, creditor obligations. More guarantees for parties involved into the process

Orientation “On case transfers from one bailiff to another ” 1.Interpreting the articles of the Law No and of service contract related to the creditor rights to dissolve it 2.Interpreting under the principle of impartiality and credibility 3.Interpreting the term “legal documentation” that turns back at the case of solving 4. Orienting creditors and debtors under the principle of continuance of the execution process and avoiding double tariffs and under the principle of civil responsibility transfer and process guarantee

REGULATIONS 1.For the development of the General Assembly meetings 2.On claims treatment 3.For the administration of the Auction Development Center for the application of a new legal standard

Public Auctions More credibility and transparency at the process of immovable properties sale According to best european models and practices A step forward to MODERNIZATION of service Public Auctions Development Center

How do others see us? IMAGE Website nchb.al New and modern location Participation into national and international conferences Register of bailiffs and Auction Development Center 5 th anniversary event of the Chamber Added international focus Active participation into the current development related to bailiff profession

How is this translated? IMAGE Transparent institution Modern and contemporary Institution Active and with an international approach institution Public auctions and access to information Self promoting institution High perspective institution Coherent institution

INTERNATIONAL EXPERTISE

CONCRETE BENEFITS Initial and continuous training and dhe 21 recommendations(twinning project) Business Plan and Strategic Planning 34 recommendations on the legal capacities improvement (twinning project) Global Code on Execution (UIHJ) Communication Strategy

TRAINING STRATEGY AIM

Unification of important principles: - Free execution with no legal boundaries -Prepayment of the bailiff fee -Access to information -Principle of alternative execution and agreements with the debtors -State Police support to the bailiffs -Using technology and promoting transparency GLOBAL CODE

“Between Law and Economy” Approach Economic Developments and their impact on the civil justice, more civil proceedings and more execution needs. Tendency of enhancing execution concept involving the mediation and rischeduling

PRIVATE BAILIFFS PART OF THE REFORM

Strategic Document of the Reform Strategic AimSpecific ovjective Execution efficiency in terms of time and parties rights guarantees 1. Decreasing the amount of time 2. Standard of quality 3. Monitoring and Performance Increase Transparency, Accountability and more Credibility 1. Annual statistic on the private bailiff performance and on overall service Approval of the code of exercise of activities according to best international models 1. Adapting the communitarian law to the Albanian Context in order that execution to have its own law basis Legal amendments to avoid ambiguity and unclearities Respective legal amendments to the Civil Procedure Code and to Law 10031

Benefits of participating in the Justice Reform 1 Affirming execution service as a consolidated structure 2 Execution as a fundamental service for more guarantees to the parties 3 A service that serves as an asset to foster more economic development 4 Essential condition for social and economic development

RECENT DEVELOPMENTS

Bad loans Social Problem Increasing progression of bad loans in Albania as the first ranked country at the region and the second one in Europe and Asia

The head of IMF in Albania question: “ There is something at the system that is not allowing bad loans to decrease. Why is this problem permanent despite the measures undertaken against them?” So we have suggested to see wider the problem, not only as bank problem, but in its entirety involving all the actors.

Private Bailiffs- As a mirror of Bank Management 1.Letter directed to Bank of Albania Governer and to the Authority of Financial Supervision, Minister of Finance, Economy, Justice and to Prime Minister 2.Putting into evidence bank problematic related to the degree of loan- giving, fictive collaterals, bankrupted companies, lack of efficient regulations etc. 3.Legal amendments on Civil Procedure Code (2013) proposed by banks had a vitalizing effect on bad loans. 4.Expressing real case of causing a burden to debtor position as a result of changing the debt value amount 5.Execution system as part of the strategic scenario of solving bad loans issue Chamber Contribution

Proposal and Approval of “Action Plan on Bad Loans” by Albania Government and by Central Bank Main problematic: 1.Total lack of Chamber information and notification on this issue 2. Lack of Chamber involvement on this issue despite the direct interest it has 3.An action plan that destroys the main functional principle of bailiffs through the success fee”.

1.Letter to Prime Minister, Governor, Minister of Finance and of Economy as a formal attitude of the Chamber on this issue. 2.Detailed procedural explanation on each action suggested by the plan 3.Aiming the increase of awareness for involving Chamber in all the matters directly related to the bailiff profession (article 5 of Global Code).

MOST IMPORTANT ASSET

Individual Performance of each private bailiff Professional Integrity

Each individual initiative undertaken by private bailiffs, despite the personal civil or criminal responsibility brings a collective damage to all the other bailiffs due to precedent creation ex: (performing the procedures differently; contracting differently from the sample service contract, way of solving the institutional problems with state organizations, with state police, Directorate of Road Transportation Service, etc

Shaping public trust on bailiffs is the result of performing the activities in a unified, professional, and within the legal moral way This is the only condition to an independent and guaranteeing bailiff service that materialize justice.

Thank You for Your participation and attention Head of the Chamber Tedi MALAVECI