Judicial Costs in Civil and Administrative Judicial Processes According to Albanian Legislation in Coherence with International Practices and Legislation
Creators: name: Prof. As. Arjan Qafa*
Publisher: name: Zenodo
Year: 2025

description: Abstract: Judicial costs are a key component of civil and administrative court procedures and include all expenses related to legal proceedings. This study examines how Albanian courts handle these costs and their practices in determining procedural expenses. In Albanian judicial practice, there is often a lack of full reasoning for expenses, with many being determined only based on invoices and payments. Common problems include courts' negligence in accurately calculating costs and challenges faced by parties in covering them, including refusals to make advance payments for various types of evidence.

This study includes a detailed analysis of pre-trial and trial expenses, as well as lawyer fees and legal aid as per Albanian laws. Law No. 55/2018 on Advocacy and Law No. 111/2017 on Free Legal Aid have been reviewed in relation to the regulation and coverage of attorney fees and legal assistance for those unable to afford the costs. Most of the analysis focuses on the regulations regarding lawyer fees and procedures for free legal aid, as well as common practices in Albanian courts for determining judicial costs.

Furthermore, the material discusses international practices in managing judicial costs and the principle of equality of arms, which must be respected in every judicial system. In conclusion, it recommends the adoption of a new law on national taxes and improvements in legal aid to ensure greater clarity and transparency in handling judicial costs.

Key Points: Judicial costs include the expenses of civil and administrative procedures, with a focus on lawyer fees and free legal aid for those who cannot afford them. Albanian judicial practice often lacks reasoning for determining costs, relying on invoices and payments without full justification. The adoption of a new law and improvements in transparency regarding these costs are recommended.

Judicial Costs in Civil and Administrative Judicial Processes

Material Contents:



Abstract

1. Understanding and Types of Judicial Costs

2. International Practices

3. Conclusions


Judicial costs are an essential part of any civil, administrative, or criminal trial. The court handles these costs through interim, non-final, and final decisions. Albanian judicial practice shows that courts often fail to provide full reasoning for procedural and judicial costs, whether in civil or administrative cases. These costs are not always clearly determined at the end of the trial or during the trial for specific procedural actions. In most cases, only those accompanied by invoices and corresponding payments are detailed by court clerks.

An analysis of several judicial decisions from different courts reveals a reasoning format like the following: “judicial costs remain as they were made,” thus denying the winning party reimbursement for all trial expenses, while the losing party unjustly saves the amount it should have paid. In the cases studied, it is observed that some parties refuse to make advance payments for evidence gathering, such as expert opinions, witness testimonies, inspection of items, etc.