Conflict with existing fundamental legal principle of general application - consultations with the Court

Albania

Albania - Criminal Code 1995 (2013) EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 505- Ministry of Justice Powers

2. The Minister does not grant support to the letter of application when it is certain that the requested actions are prohibited expressly by law or contradict the fundamental principles of the Albanian rule of law. The Minister does not grant support to the letter of application when there are motivated reasons to think that the considerations regarding race, religion, sex, nationality, language, political beliefs or the social state may cause a negative influence to the performance of the process, and when it is certain that the defendant has expressed freely his consent for the letter of application.

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXTRADITION
SECTION II EXTRADITION FROM ABROAD
Article 504 Request for Extradition
2. The Ministry of Justice is competent to decide on the conditions possibly imposed by the foreign country to grant the extradition, when they are not contrary to the main principles of the Albanian juridical order . The proceeding authority is obliged to respect the accepted conditions.

TITLE IX EXECUTION OF DECISIONS
CHAPTER II INTERNATIONAL ROGATORY LETTERS
SECTION I ROGATORY LETTERS FROM ABROAD
Article 505 Competencies of the Ministry of Justice
2. The Ministry does not proceed with the rogatory letter when it appears clearly that the requested actions are expressly prohibited by law or when they are contrary to the fundamental principles of the Albanian judicial order. The Ministry does not proceed with the rogatory letter when there are founded reasons to believe that the considerations regarding race, religion, sex, nationality, language, political beliefs or the social state may cause a negative influence on the performance of the process.

TITLE IX EXECUTION OF DECISIONS
CHAPTER III EXECUTION OF THE CRIMINAL DECISIONS
SECTION I EXECUTION OF FOREIGN CRIMINAL DECISIONS
Article 514 Conditions for recognition
1. The foreign court decision may not be recognized when:
b) the decision contains rulings which are contrary to the principles of the Albanian judicial order;

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.