Abstract
This article presents an overview of the Albanian legal system of enforcement in the civil and commercial area. Its purpose is not only to identify the enforcement system in Albania and the characteristics of each enforcement title but also to compare it with that of the Brussels IA Regulation. The article concludes that the Albanian enforcement system is built on the spirit of the European system and is very similar to several European countries. However, the range of foreign enforcement titles that can be recognized and enforced in Albania is narrower than that provided in the European Union countries. Therefore, it should be expanded to include, in addition to irreversible judgments, other European enforcement acts, such as European Payment Order, Settlement Agreements, Authentic instruments, etc.
Highlights
Enforceable acts are those that are considered “enforcement titles” under Albanian law
An arbitral award issued in the RoA is considered an irreversible judgment at the moment of its proclamation unless any of the grounds provided in Article 434 ACPC17 exists
The Enforcement Order contains: a) identifying data of the debtor and creditor; b) the origin of the obligation; c) the concrete obligation deriving from the enforcement title until the moment of issuance of the enforcement order; d) when the enforcement title, for which an enforcement order is issued, is an act for granting bank credit or monetary obligations, the Court shall provide for the legal interest rates in accordance with the legislation in force that regulates late payments in contractual and commercial obligations (Article 511 ACPC)
Summary
14. other documents that are considered enforcement titles and the enforcement officer is authorised to enforce them according to specific laws. Final judgments (vendime përfundimtare) are those that settle the case on the merits and are rendered by the court at the end of the proceedings (Article 126 ACPC) These judgments become enforcement titles only when two conditions are cumulatively meet: First, the final judgment becomes irreversible/peremptory (vendim i formës së prerë). Interim judgments on security measures, judgments on temporary enforcement, judgments on fines imposed by the court, judgments on the mandatory taking of evidence, and judgments on the part ordering court costs are considered enforcement titles according to Article 510/a and 511/2 of the ACPC. Unlike irreversible judgments, they are enforced directly by the enforcement officer without issuing an enforcement order. This is problematic in light of the euro-autonomous definition, given that according to the euro definition, that judgment becomes res judicata and is enforceable.
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