Fiscal Decentralization- Part of the Fundamental Reform of Public Administration in Albania

The continuing centralized nature of public administration in Albania could be attributed to a transition period, but since this phenomenon is not unique to Albania, it was necessary searching for underlying reasons for this system of regulation, organization, and financing of public affairs and administration.
It is generally accepted that the provision of public services to citizens cannot be left entirely to the market. In fact, direct government control over public administration with regard to public services is more or less inevitable. The issue is who should provide for these public services--state administration or self-governing bodies--and at what level--local, regional, or central.
The present situation in Albania is that the central government directly, or by means of district and regional offices, provides in the end of 2006 for approximately 70 percent of all public services to citizens. Funding decisions about these services are made solely at the central level; the district and regional offices have no significant decision making power or influence regarding funding amounts or destinations. Furthermore, regional self-governing bodies are not yet operational, and local self-governing bodies are very limited in their ability to make the necessary policy and budget decisions on major public services such as education, social care, health services, culture, and transportation.
An important precondition for the rationalization of public administration is speedy completion of the property transformation process and transfer of the state's responsibilities for the majority of economic activities to the private sector, and partly to the municipalities, as follows:
o forestry: the state + transfer to municipal ownership,
o agriculture: privatization + transfer to municipal ownership,
o transportation: the state + regional self-governing bodies,
o health care: the state + municipal and regional self-governing bodies,
o education: the state + municipal and regional self-governing bodies,
o culture: self-government + the state,
o recreation: the state + self-government,
o telecommunications: privatization + state participation,
o road network: local and regional self-governing bodies + the state
o management of water supplies: local self-governing bodies + the state.
The aim is:
o to decrease the degree of provision of private property by the public sector,
o to limit interference of public administration with private properties,
o to decrease the operating costs of state administrative bodies, and
o to determine the powers and competencies of state administration and self-governing bodies at their respective levels.
1. Reforming Relations between the State and Local Self-Governing Bodies
1.1 The Role of the State in Public Administration
Obviously, supporters of collectivist doctrines and liberal principles will have a different view of the role of the state in public administration. But the recommendations for reform of public administration in Albania takes decentralization into account and anticipates a significant decrease in the role of state institutions in the management of public affairs as compared with the present situation and a transfer of most public service responsibilities to regional self-governing bodies.
The state's role in the new structure of public administration should be limited to supporting, controlling, and organizing tasks with respect to the following:
o securing the country's external independence (in terms of foreign policy and national defense, including civil protection at all levels);
o maintaining law and order (e.g., selected areas of security, education, trade, water supply, medical and hygienic supervision);
o protecting civil rights and freedom;
o social legislation; and
o creating conditions for a healthy economy (currency policy, system of insurance, a tax policy that allows for improve of administration, financial administration, economic policy, participation in regional policy, energy policy, and national transportation policy).
These tasks shall be performed by central bodies of the state and their regional offices (i.e., local state administration institutions). All remaining tasks should be the responsibility of local and regional self-governing bodies.
1.2 The Role of Self-Governing Bodies in Public Administration
While the execution of state power is territorially defined by the frontiers of the state, self-governing bodies regulate public responsibilities within the framework of their territory and competence in compliance with the constitution and the law. As the legislator, the state continually tries, by means of law, to provide limitations for self-governing bodies; therefore, it is necessary to ensure the status of self-governing bodies through the following types of provisions:
o Institutional. Ensure that citizens are represented through free elections at the state, regional, and municipal levels. Regional and municipal representatives must have the right to regulate all appropriate issues within the framework of the law and consistent with their responsibility. City and municipal associations must take an active part in representing their constituents to the government, parliament, and other organizations and associations to ensure that the constitutional rule of the republic conforms to democratic rights and rules. Self-government, as an organizational form, is largely exempt from such control except where the court is entitled to arbitrate on a case of impingement upon the law. The sovereign rights of self-governing bodies are personal sovereignty, sovereignty of the organization, sovereignty in planning, financial sovereignty, regulatory sovereignty, and taxation sovereignty with regard to local and regional taxes.
o Financial. Ensure the participation of municipalities and regions in revenues from state taxes; address and adjust differences across municipal and regional tax potentials.
o Constitutional. Provide a means of constitutional complaint to safeguard self-governing bodies against state-initiated legal recourses.
Self-government functions at the local and regional levels consist of economic responsibilities, territorial planning and construction, local economy and environmental services, housing, transportation, water supply management, education, culture, health services, social care, administration, public order, and fire fighting.
1.3 Local Self-Government Authorities
A frequent topic of discussion is the ability of municipalities with a small number of inhabitants to ensure fulfillment of their designated responsibilities. The Albania's chose to establish self-governing bodies, it was offered to all municipalities and this became the model. If municipalities are to continue to be self-governing, the establishment of regional self-governing bodies in Albania is inevitable.
I do not, however, consider the establishment of new administrative units to be necessary to ensure that the principles of the original model can be implemented. If it is not efficient for a small municipality to provide public services, these can be provided by different forms of voluntary partnerships, common councils, companies, and agencies operating on a basis of contractual agreements with municipalities. In some cases, larger municipalities can provide services through contractual agreements to smaller municipalities in their region.
2. Proposal for a New System of Financing Self-Governing Bodies
Albania's 2006 tax reform led to the introduction of tax structures as a better tax administration oriented from the market segmentation and taxpayers needs. The tax system consequently became more transparent, the rate of taxes was decreased, and the taxation education improved.
The proposal for a new system of financing self-government is based on:
o principles, with significant reinforcement of the status of self-governing institutions;
o resolving the income aspect of the budget and the redistribution mechanisms of taxes, as we consider spending to be a responsibility of the respective self-governing bodies and the result of an agreement between the citizen-voters and their representatives--the deputies at the individual levels of public administration;
o the possibility of a differentiated approach for municipal subjects in addressing the scope and content of public properties; and
o independence of public property with regard to social and taxation policy.
One of the aims of public administration reform in Albania is compatibility with the regulations and principles applied in European countries. These principles include:
o increased financial responsibility of local and regional self-governments in order to prevent an excessive debt load which would endanger their autonomy;
o increased transparency of public expenditures to encourage a reduction in administrative steps and improve the possibility of control which should be directed, in compliance with the regulations of the European Charter of Local Self-Government, at conforming with the law and constitutional principles;
o standardized budget submissions and their evaluation;
o provision of fiscal authority to self-governing bodies, since this is the only way to achieve financial autonomy;
o total freedom of self-governing bodies, in accordance with the law, in setting fees and tariffs for local public services;
o elimination of excessive differences in rates set because these differences can lead to a distortion of competition; and
o in case of a temporary need for centralized cash flow management, that this be accomplished so as not to threaten the solvency of local self-governing bodies and cause problems in cash flow.
Recommended adjustments involve the tax systems, the tax authority, changes in the budget structure of self-governing bodies, changes in the relations between state and local self-government budgets, the determination of the extent of debt, and changes in the distribution criterion for the so-called shared tax.
3. New System for Financial Adjustment
Redistribution of tax revenues has, over the last decades, become part of the budgetary regulations in Albania following the EU model.
The new system of financial adjustment fulfills four main functions:
o Fiscal--by increasing the financial means of municipalities, since municipal tax incomes (revenues) do not cover municipal needs;
o redistributional--by correcting differences in tax-raising capabilities;
o spatial/political--by covering the increased costs connected with different municipal tasks in the structure of the settlement; and
o economic--by using local budgets to ensure the stability of the country.
The extent of financial adjustment derives from changes in a country's economic conditions, which change over time and with changes in politics. Therefore, it is necessary at certain points in time to analyze and adjust the system to new situations. It is very important to define the optimal extent of adjustment.
The volume of financial adjustment is controlled by the institution for public administration that provides for it; for that reason, from the point of view of territorial self-government, the greater the degree of adjustment, the lower the degree of financial independence (autonomy).
The financial adjustment is based on the tax power of territorial self-government, which shall be evaluated on the basis of an approved final invoice (bill) for the preceding fiscal year.
The financial adjustment consists of the following items:
o Vertical financial adjustment, by which the state budget will contribute to weaker tax regions and regional self-government will contribute toward weaker tax self-governing bodies. This means that vertical financial adjustment shall have an impact on the state budget as well as on the budget of regional self-government.
o Horizontal financial adjustment, by which the stronger tax regions will contribute to the weaker, and cities and municipalities with a greater tax capacity will contribute to those with a lower. This means that horizontal adjustment at the state level will not have an impact on the state budget, and adjustment at the regional level will not have an impact on the budget of regional self-government.
Financial adjustment ought to provide municipalities and cities, communes and towns with the necessary resources to enable them to perform their functions, but it must not interfere with the various municipal financial powers that result from municipal independence. If a financial adjustment were to cover differences 100 percent, territorial self-governments would lose interest in using their own taxation authority and would instead rely totally on adjustment mechanisms.

International Service of Process in Europe

The Basics of International Service of Process
There are two main methods to choose from when serving documents on the European Union, both methods, are proposed by the Hague Convention of 1965 and have the same legal value, no hierarchy exist between them, but one is less reliable than the other, the legal effects are basically the same. We propose a third method, a mixture of the above which we call "Hybrid". Any other methods employed are outside the Hague Convention or irregular.
The basic legal methods of the Hague Convention are the following;
One, a public service of the "Judicial Administration" called "Centralized Authority" because it uses the "Government" to transmit documents. Is is intergovernmental, in principle a free service but submitted to economical constrains with high possibilities of no completion.
Two, by the use of a service provider, alternative method, called "decentralized", it can use an "International private process server", "Mail" or "Local Bailiffs"; All under the Hague Convention regulations, Art. 10. It's applicability varies with the country's opposition. As a Private method, it is paid, and therefore submitted to market and quality control.
International Service of Process, by either method, is ruled by two different legal systems, linked by the treaty of the Hague. The main law, called « Lex Fori, » is the law where the documents are issue and where judgment takes place, "Lex fori forum". These rules, govern service of process validity and recognition in the "lex fori forum", but not necessarily its effects and legality in the jurisdiction where documents where served, "Lex loci". Recognition and enforcement by the "Lex loci forum" depend on the respect for internal laws of civil procedure and the procedure of "exequatur" It is then to each "lex fori" and their "foum" to determine their requirements for an "acceptable service" but being their powers limited in space they can not enforce it abroad, so necessarily need to keep in mind that: The act of notification is completed under a different legal system with different exigences, those of a sovereign state which must be taken in consideration, based on International treaties and for future enforcement. Based on International Legal Principles, we can affirm that a "Lex fori forum" can not accept in a procedure a "foreign illegal procedural actuation", an act that violates foreign laws.Oon the other hand the "Lex Loci forum" will not enforce a judgment obtained under these circumstances in. Because of this, you must act in harmony with local codes of procedure and the Hague Convention and not only with your own laws,.or, your liability will be engaged in a Criminal or Civil manner.
The Centralized method seems to be the most appropriate and reliable, but it is not, is not mandatory nor exclusive, as explained by the Hague Convention itself (visit the Department of State's1 web pages for more information). Therefore the "Central Authority" is not the only organ proposed as available to serve documents abroad as is the general believe or as promoted by many translation companies or unscrupulous servers who have created a :"Vox Populi" that takes advantage of ignorance of the treaty, to sell Translations and Apostilles.
Luckily for the legal profession, there are a series of alternatives or decentralized channels, Art. 10 a,b and c of the Convention, often more reliable and always faster and efficient. The method to employ must be in no conflict with the laws of Civil Procedure of both jurisdictions involved and both must be signatory countries as explained in Art. 5,b.: That is a legal harmony of "Lex fori" and "Lex loci". These laws must be applied simultaneously when serving.
All signatory countries have accepted the "Centralized" method and not all accept all the channels of the the "decentralized method". In Europe most countries accept both entirely. The reason is that most people believe that the alternate decentralized method does nor exist. The legal text are not interpreted or applied properly as it ends as a "Fraud to International law" and service is Void or Voidable.
The liberty of method is inspired by "International Civil Procedural Liberty" Convention, as expected by the Hague of 1954 giving flexibility to the Convention of 1965. The evolution of both and their application and Interpretation by jurisprudence has given a positive empiric result. Mondialisation of process, which needed a fast way for Judicial information exchange and judgment that adapts to it. World trade, has opened the door to more efficient and fast ways of litigation and serving process, resulting in a gain of time and money by cutting "Red Tape". Nonetheless, there are limits to this liberty that trensform into critics to the methods and which are based on the need to eliminate some absurds requirements like the risky exam of legality prior to service or the choice given to defendant to refuse service if documents are not translated and the lacunae such as no distinction between service to Individuals or Multinational Companies, Nonresistance of presumptions and many more will see later..
The Hague Convention's Centralized method has, as said many "legal lacunae" or serious defects:, the main one is that is a free governmental service that does not uses a "fast Independent Private Process Server.", as is requested by many courts and litigants, it is defective and often deceptive method. It promotes the use costly translation and the contents of summons is exam for legality before they can be served. These requirements makes it slow and therefore not adapted to modern international litigation. It is also contradictory because under the veil of gratuity there are a series of unnecessary expenses that result in an expensive service, more that using private channels. I consider it promotes unnecessary translations because, if documents are not translated, the defendant can refuse service and in other cases the central authority will not be able to exam their legality, Article 5..
It is advisable not to have the documents translated unless you do it properly with the right qualified professional. As a preventive measure, if you do a translation to avoid "possible" future problems, the translation itself can be easily "questioned" in court during enforcement because European courts only accept as valid translations from tindividuals that give the necessary legal guarantees, either by Certification and/or Registration. Is is considered that only those listed each year by the different Courts or the Foreign Affairs Ministries. do reliable translations. There are other "glitches" that appear at the home Jurisdiction but these can be kept at home.
On the other hand, an essential defect of using the Centralized, is the requirement of an exact address of defendant. A problem, because there is no possibility of "locating a defendant" or "Skip tracing" The Central Authority does not "searches" for Individuals or Corporations. If a defendant changes address or the address is not correct , if he is a tourist or illegal, service is paralyzed and returned, waisting your time and money, sending you back to square one while court time is running. Interesting to mention is the situation of corporations which can change the address of the registered headquarters and do not have an immediate obligation to notify this changes to the Mercantile registry. The central authority will not pay tfor any expenses such as access to a mercantile regustry.
Another defect, is in the requirement for "Personal Private Service", concept that is understood in different ways in different countries: Bailiffs or Local Judicial Officers apply the local Code of Civil Procedure and not the special instructions received from foreign jurisdictions. In practice, what is understood in Common law as "Personal" is understood in Europe as "Substitute" and the problem increases if we distinguish between service to corporations from service to individuals. When servicing corporations, this must be completed in the person of those individuals who have the power to represent the corporation, that is to say the "officers" publicly listed in the mercantile registry. Therefore service to the front desk, secretary, gardener or any employee of a corporation, is "Substitute service". For individuals, most local laws allow officers to leave documents at the address specified or leave a note in the door as equivalent of service. These officers, do not need to understand the hierarchy of the Hague Convention in this sense and what are the "Lex fori Forums" needs . Instructions for service to the central authority, transform into let's do it our legal which is not necessarily valid on the other jurisdiction.
Remark therefore, that the use of "insistence and perseverance" is not possible by the "Centralized method", its efficiency is not good and it is only, by the use of a private personal server that you can achive the best results, have more legal security on service and what is the most relevant, you will be courteous to your adversary and sure of your case.
These above reasons explain why most Common Law Attorneys have used as many many "tricks" as possible or patches to remove these obstacles of the "Central" method, I do not blame them. Sometimes by the use of "an agent" which often is, their local process server, their friendly "tacky" translation company or their neighborhood's Private Investigators. The reality is, that on the long run, not only they have waisted time and money but they are liable of fraud to international law, defamation, Ilegal practice of law,Revelation of Secrets... and to complete the apocalypse, if not prosecuted or challenged, the judgment obtained will not pass "Exequatur".(Enforcement).
No doubt then, that ignoring European laws, rights of image and privacy amongst other can happen and can have undesired consequences. Jurisprudence has considered that services completed this ways as irregular and have engage the liability of the plaintiff.
The "Lex fori forum" and "Plaintiff's Attorney" are obliged ex-lege to respect the lex-loci or the legal requirements of the jurisdiction where documents will be served and these starts at home with confidentiality, secrecy and a proper translation of documents as the basic right of defendant.
Service of Process must protect the defendant abroad. It is my understanding that "Lex fori" process servers, Non Certified Translations Companies, even with offices in Europe and other intruders in the chain of International litigation can severely contaminate a case.
There are, a series of channels in an "alternatives or decentralized method" , more reliable and with more efficient ways to serve, these are replacing the anachronistic central method.
Centralized Service of Process has the following characteristics:
1.Translation: a. High Cost b. Unnecessary c. No distinction between Individuals and Corporations
2.Service Speed: Slow and can paralize eassily
3.Prior Exam of legality a. Slows down b. Contradictory
4.Exact Address
5.Non Personal Service
6.No Courtesy
7.No Confidentiality
8.....
Hague's Alternative method of International Service of Process
The Alternative method is composed by channels , using them has the same legal value and effects as the "Centralized" method, if the country of "Lex Loci" has presented no express opposition to them,.there is no hierarchy between "Centralized" and "Decentralized" methods.
Art. 10 a, Service by a Currier, UPS, Fedex, DHL, Postal, fax, internet (email or messenger), as confirmed by different jurisprudence are not reliable, even if they are contemplated and accepted in some countries. The reason is that they lack of "legal guarantees of delivery of contents" violating the Principle of Contradiction,and Equality in a fair Judgement. These channels can bring the defendant into "defenseless". Therefore they are mostly considered by jurisprudence as "evidence of an address" more than evidence of a Legal Notification. The Hague Convention permits these in Article 10, but they require some logical complements to be "Legally binding" even if the Convention does not indicates those. Indeed, one can serve blanc pages by mail or fax since nobody will check the contents and thereto obtain a judgment by default. Because of this, I recommend a "Certification of Contents" necessary either on the sending Jurisdictions or in the receiving Jurisdiction by a qualified, but done by a qualified professional that has "Public trust" The postal of fax receipt are not an affidavit.
Understand that the objective of service of process abroad is transmitting information, a legal notification to a defendant, inform him of a "cause" in which he is part and which could have serious consequences in his patrimony, rights and obligations as they will in your own jurisdiction. These rights must be respected and protected by the rules of the legal art in order to avoid Arbitrary application of law and fraud to International law. To avoid this, the Hague Convention canalizes these notifications by taking in consideration internal laws Art. 5 but without providing a way to control it or a procedure for appeal..It imposes the protection of defendant's rights and obligations as well as those of the plaintiff but does not says exactly how this could be materialized. Please determine, not if the notification was done but if it was "properly done. Service by mail, fax or email are very fragile channels that must be avoided..
These alternate channels are symbol of the "Liberty of Transmittal" but have enter into excesses, for exqample the email, reason why the decentralized method, has been wrongly understood by many Common law Attorneys,. Translators and Private Agents. This happened because the "mechanism of service" applied and employed has been the "known one" the one that sound logical, unconsciously applied in violation of foreign laws. Professionals have use what they know, as a reflex, they have used the same manners as for their state notifications and have sent abroad a joke. This has resulted, in failure to enforce, impossibility of judgment recovery or simply a challenged of service. A distinction must be made between a banal Service of Process and an International Service of Process and to honor international justice even if the effects of your judgment will remain in your jurisdiction do that international service properly, is just a matter of International legal courtesy.
The philosophy behind and the rational explanation, is that the concept of "Public trust" is very different to each culture and their legal order. Think about that opposite to Europe,- No Governmental Identification Card exist in common law countries, there is no central land and/or property registry, sometimes Notaries are simple individuals, Process Server and/or Translators have minimal requirements. In old and experienced Europe, everything is "suspicious" and therefore surrounded by the maximum guarantees of legal security enforced by the state at "Felony or Criminal level" to avoid any possible "misunderstanding", "fraud","deviation" or "Abuse".
In Europe. service of process, either for internal purposes, European Purposes or for International foreign courts, is considered as a penetration of "Jurisdictional Power", when completed it is actually a "delegation of powers" to the server. In Europe. the monopoly of legal representation, actuation and consultation, has been given, traditionally and since middle ages, to the different "Legal Corporations". Private agents are excluded of these basic requirements.
The legal professional associations are those of "Huissiers de Justice","Procuradores", "Ufficiali Judiciario","Abogados","Avocats","Advogados".... Unlike common law countries where almost anyone mentaly capable can perform these "legal contents and jurisdictional acts". Please, know that only qualified legal professionals can serve properly and legally in most of Europe since are the only professionals, who can offer "Ex-lege" the required and necessary legal guarantees. Service by a "Agent" as known in common law does not exist in Europe nor in the Hague Convention, it has been used but this usage does not rises service by agents to a legal stage.
Logically explained: If any country's laws of Civil Procedure establishes for internal service of process, a procedure that requires guarantees of public trust; given only by the use qualified professionals, how come, for International Service, you can expect to use anyone? An agent? In conclusion: When in Rome, do as the Romans!
We must distinguish between communications to the Central authority or with the Server and notification or service of process to the defendant. One is an organ and the other a defendant. Communication with the Central Authority of to the server can be by any means, even e-mail Also note that the Hague Convention obliges service of process to have two explicit and implicit requirements for acceptance: voluntarily and knowingly. These can be compared to a "bilateral obligation in Civil Law" (See Article 5 (b) alinea of the Hague Convention). Therefore, if the defendant is not "capable to understand" what he is receiving, service is viced and the "Defendant can refuse service". If documents are not translated he is not "capable to understand". The defendant is not sense to know foreign laws or could be economically challenged, but some presumption exist: If the defendant is not served multilingual Attorney at law and advise at the moment of Service or if the documents contain No Legal Notice and etceteras, the defendant is in "Procedural defenseless".and therefore service of process is not valid and useless. . Service to Corporations doing International Business, those under the Hague of 1956 for "Company recognition" it must be presumed that they speak the language of the Jurisdiction in which the carry business and know their laws. The Hague Convention does not distinguishes between services according to defendant; Individual or Corporations. Therefore, I consider the Hague as placing an obstacle in service to corporations, since the plaintiff is oblige to translate the documents. Logically Corporations should never use the central authority, they do not need it.
The Hague Convention indicates "voluntary acceptance" as a condition of service, this does not mean "Refusal at all times and systematically to get civil or commercial impunity". In this sense, service by Certified Mail, email, fax and other unilateral acts of service, which we can be consider as "Adherence" from defendant to service, have the common denominator that the defendant is not accepting voluntarily, since he is receiving something with unknown contents. The contents will discover later and he is accepting first, therefore contradicting the Hague convention confirming this way that these channels as good for a verification of an address but not of service. In conclusion, Certified Mail, email and fax are not proper ways of serving and a Court accepting this kind of service are refusing rights to the defendant except if they are back up by a qualified professional's Affidavit of service.
"Service by Agent" as understood in common law, is not contemplated in the Hague Convention on Service of Process, it is another automatic reflex and has been used by many common law Attorneys. These agent services have required translations of documents because the Agent used, in most cases speaks the language of the Attorney requiring service. Often he is a foreign national in the country of service, sometimes illegal, but in any case not qualify to do this kind of Job. They provide "Shaky" services based on the fact that they speaks the language of the Attorney requiring service and dare to violate all kinds of laws, anyways most of them have nothing to loose..
These "Merchants of Process serving" use translations to increase profit and to reduce the possibility of future challenge of service. In most European countries, it is considered. that "Legal Guarantees", are only given to, and are given by "registered and insured professionals, recognized and controlled by the governments and grouped in special associations or corporations submitted to strict ethics control: These agents are an insult to law and order. The law and confirmed Jurisprudence protects "defendant's rights" against poor « qualities and qualifications » of a "dummy server" or anyone from here or there, an intruder, who for a "fist full of dollars" will issue an affidavit. Therefore service by "Agent" is possible if and only if the Agent to be used is a qualified legal professional in the country of service.
It is a interesting anecdote, that I found an "International service of process company in Spain" that also does "plumbing" services from the same office, a business run by a felon issuing affidavits even to service completed to non existing address or people he never saw.. It is a shame that Justices and Attorneys in North America often, accept, for international service of process, affidavits of persons that do not offer any guarantees or have the essential "Public trust", looking down and with disrespect the rights of defendants and the laws of procedure of a foreign country. Indeed, employing anyone for international service of process, is a disregard on justice and disrespect for International and local law. To serve properly you must respect foreign laws of procedure! You must understand the European concepts involved in a "Procedural Notification" and respect for "Justice".
Finally, art. 10 c, considers as "Agent" a Judicial officer or bailiff. Service by these agent depend on the kind of person to served: Physical or Juridical. In some jurisdictions, serving a corporation must be to a "Registered Officer" as it appears on the mercantile registry of their country or to their legal department or representative and the place of service has to be the registered headquarters otherwise it will be a substitute service (Individuals or Corporations can be served at their Attorney's office). If Individuals, an agent can served them at their home or place of work., but not in a public place.
One excess of the Hague Convention is the requirement for an exact address for service, meaning that the requester must have the exact information. This requirement reduces the rights of the plaintiff since a qualified legal professional acting as agent can complete service to two addresses to avoid impunity of defendants, that is to say, serve the address in the writ of summons and the legal or present address.
Service can be completed by directly instructing a Judicial officer of a Bailiff, article 10 c of the Convention, employing them as organ and as server, but they will issue am "Act" or document in the official language of the country, you will have to pay for a supplent for translation into English language and eventually the legalization of signature. Our Hydrid service take's care of everything.
Please remember, the principle in Europe is the "Protection of the rights and obligations of litigants" by due diligence completed with integrity and by qualified and reliable professional not an "affidavit" obtained in obscure circumstances at any judicial cause price or at justice expense.
Summarizing: The two main methods both have the same legal value within the Hague Convention and no "Hierarchy"exist amongst them, one is bad and the other is worse, they are equally poor, but combining them is possible and results into a more reliable international service:
WARNING: Translations and Apostilles (Legalizations) are not necessary but if you use them remember that the Translator must be "Certified" by the "Foreign Affairs department" or the "Local Appellate or Superior Court". The use of a local Notary Public to certify the signature in a translation does not corrects the errors of "tacky" translations. The use of a non registered "Attorneys at Law" under most jurisdictions of the European Union for acts reserved to the legal profession causes "contamination of your case", engaging your liability: Protecting the rights of litigants is your obligation. Do not use simply anyone willing to issue a statement of service affidavit if not qualified.
Inventing International Service of Process: The Hybrid system
Our "Hybrid system of international personal private service of process" combines, not only "methods", but also the different channels or options of the convention, applied by steps and in less time that the "centralized". The result is a better service that takes the positive side of each method in order to obtain the best legal guarantees: We consider it as "System" , more than a method, please consult us so we can discuss your case service in detail and how our system applies.
The hybrid system for International Service of Process, heals the disadvantages of the Hague Conference's centralized method and the abuses in the use and application of the decentralized alternate method. It is a non complicated service of process having the characteristics of Legality, reliability and fast. On the other hand, the "system" applies the principles of the Hague Convention combined to each jurisdiction, incoming and outgoing, and their respective laws of procedure. The "legal order" is to obtain with the maximum legality and protection of litigants, its main characteristic is that: Service is double, a preliminary International service and an Euro service.
The system provides that the rights of the plaintiff and defendants are guarantee and protected by registered and insured multilingual Attorneys at Law in the country of service. Documents are delivered personally in all confidentiality by a legal professional who will give advise in the language of the defendant, making it comprehensive by giving complete legal notice and explaining how to proceed. All services are completed with mandatory secrecy and neutrality, Courtesy and professionalism under the respect for internal laws of Civil procedure.
The defendant does not have an option to refuse service, or claim to be "unprotected" there is no "a priori" exam of contents or delay, no translation's cost or apostilles, no promises of service but a "Jurisdictional act completed according to local law by a qualified legal professional", Note the advantages;
a. The defendant does not have an option to refuse service, or claim to be "unprotected" b. Liberty to choose process server within the legal profession market value. c. There is no "a priori" exam of contents or delay in exams d. No translation's cost Nor apostilles, stapples,stamps or clips! e. No doubt on delivery of Contents e. Service with "Professional Integrity" f. Customer service and Affidavit in English g. Une of Bailiff when required h. Service is guaranteed in delivery i. Service is guaranteed in court
.....and much more
Our price list, reflect the need of taking in consideration many legal and practical aspects of service in Europe, specially to avoid incidents and possible cchallenge, appellate "quash" proceeding", we provide services that are cheaper than the "Centralized" method and with the same value.
The different classes of service we proposed vary according to the required time for service: Urgent, and each has different protections. We always start by a "Skip Trace or Locate" in order to obtain an exact address as per mandatory requirement of the Hague Convention and to avoid you unnecessary expenses, then we mail a preliminary service of process to verify the address of delivery and physical existence. Our letter, asking for an appointment or an interview and placing ourselves as neutral Attorneys at Law available as required by law to avoid defenseless by counseling the defendant. During the interview, in presence of a local Judicial Officer or Bailiff when required, we verify the identity of the receiver, his knowledge of the language in which documents are written and explain in detail their rights and obligations. All of this procedure is condensed in a Custom made affidavit that is legalized by the Notary Public of the diplomatic representation of the lex fori (That is to say: the Consul).

Public Service Agencies - Criminal Justice Programs

If as a professional in law enforcement you have always wanted a career in public service with a top government agency then obtaining a degree in the Criminal Justice System can open those doors for you. Getting started is as easy as taking a few minutes on your computer to research the many Online Criminal Justice Degree programs available.
You have already proven your dedication to law enforcement and obtaining your degree is a valuable asset for entry into an elite law enforcement agency. In today's strange and ever complex society the demand for qualified agents is on the increase. Society has entered a new world of international terrorists threatening our security with weapons of terrifying force. Play an important role in defending our nation's security by obtaining the skills necessary to advance in this ever-changing field.
Law enforcement professionals who hold a degree in the Criminal Justice System are more likely to be considered for careers in national security within government departments. Whether your passion leads you to Drug Enforcement or any number of Secret Service agencies your first step is obtaining a degree. It takes very little time to fire up your laptop and find the accredited Online Criminal Justice System degree that is right for you.
There is no need to sacrifice your family time or give up your current job while you continue your studies. Online Degree Programs are designed to give you the flexibility you need to study when and where it is most convenient for you. Virtual classrooms give you the support you need every step of the way with professors who understand your specific needs and time constraints. Choose to invest in a career that will give you and your family financial stability. Position yourself in a field with endless opportunities for advancement.
Many law enforcement agencies now require their staff to hold a degree in Criminal Justice as they recruit only the most qualified officers. Professionals in Law Enforcement are the ones being promoted as special agents and investigators. Obtaining your Online Degree in the Criminal Justice System will give you a solid base in analytical and communications skills, cultural sensitivity and advanced technology.
Set aside some time while enjoying your morning coffee to open up your laptop and research the many accredited Online Criminal Justice System Degree programs available. You will be amazed at how easy it is to begin a program of study that will fit your particular interests. With an online curriculum you will learn to make use of a superior education and enjoy expanded career options as well as an enhanced professional and personal life. Â
Increase your advancement opportunities by enrolling in an Online Degree Program in the Online Criminal Justice Programs [http://www.onlinecriminaljusticeprograms.info] right now. Be considered a leader in your profession and have your opinions taken seriously. You can play an important role in the way government agencies implement the nations security plans. Invest in your future and the future of the communities of our nation. The few minutes it will take now to choose the Online program in Criminal Justice that is best for you will open doors that you never thought would be possible and provide you with a challenging career that will last a lifetime.

Public Service With Cell Phones - Do Your Piece

It's 12AM and you are shutting down a night on the town. Strolling back to your car you become the unwilling witness of a hit and run. Luckily the driver manages to let off the break and steer away from most of the cars parked on the side of the road, the ice is slippery, but in the process the driver knocked the car parked in front of you, bashing the rear light and fender.

With a sigh of relief you grumble to yourself how things could have been worse but then all of a sudden the car who slid into the parked car is starting to drive away! A hit and run on the street, albeit minor, but still, aren't people supposed to stop in these situations. With a semi-deserted street the driver thinks he can get away with his misdemeanor. What should/can you do?

As you contemplate your next step a thought crosses your mind, 'maybe I'll intervene but not physically'. How so? Well your new cell phone is equipped with not only a useful and quality cell phone camera, but the latest video technology means you can capture quality real-time video as well. You switch on your phone and hit the video mode. Slowly as the car passes you you're careful to get a nice shot of the car, the driver's face, and even the licence plate as it rolls by. Using your cell phone as your weapon you have now become a vigilant citizen doing their part to keep some order and civility in the chaos around you.

Cell phones and wireless handheld devices these days are well equipped recording devices. Be it voice, video, or picture, the power in your palm is more useful than you think. Apart from the usual phone features (what phone is only a phone these days?) most cell phones come equipped with the ability to capture and send media. Record you voice records, videos, or quick shots, and send them across the globe. It is no wonder the greater public is fast becoming involved in maintaining the peace.

In fact, not are cellular devices able to accomplish the various captures, many wireless communication companies and service providers are getting on board too. In an effort to fight crime New York city has enabled a messaging system where regular citizens can email pictures to 911 to help investigations and captures of criminals (especially misdemeanors). Verizon has also enabled communication to your cell phone with 411 information on whereabouts and locations of your destinations. Even most news agencies for print or TV are now taking your phone camera or videos shots online (albeit a real-time system like the on in NY are not available yet.)

So don't be shy, stand at a safe distance from whatever event or occurrence and take some evidence to help take crazy drivers, stupid thugs, drunks, etc., and those hit and runs off the street.

Spending Public Service Money Wisely During Downturns

In the face of global economic hardship, people the world over are re-evaluating their spending practices.

From individuals and small businesses to government bodies, financial crises encourage everyone to tighten their belts - and also pay closer attention to the spending of public money. When people are paying more attention to their own spending, it is natural that their sights also become set on public services and how efficiently public money is being used to support them.

While a global economic downturn may to some extent change the spending priorities of many individuals, there are some public services that people almost unanimously believe should be supported no matter what the world-wide financial situation may be. For example, the UK's National Health Service, has faced many funding and financial problems over the years but the provision of effective and free healthcare remains a priority, even when money is tight.

Luckily, the help of best practice systems can afford organisations like the NHS ways to operate efficiently despite budget cuts. Prioritisation is key to ensuring that money is spent on the right thing and this is only more essential when money is short. By looking at long-term as well as short-term targets, it is easier for public sector managers to handle financial downturns and budget restrictions that could last for a matter of years rather than months. One way to achieve this is for organisations to ensure that the services they deliver are as effective as they may be, even if this means cutting services.

Making sure that the services that are given priority are the ones that are most necessary might mean losing face in some instances, but by playing to a long-term plan the public are likely to see the benefits of such organisational methods eventually. In the same vein, when public sector managers are able to ensure that their staff, management teams and specialists are working to the best of their abilities and skill sets they will find that money can also be spent more efficiently.

As many people working in public sectors have advanced training or skills, their time is valuable and if workload is inefficiently distributed, this valuable time could be being squandered on tasks below their level. Therefore, by ensuring that the best person for the job is the one doing it, managers will find that they are able to show that public money is being put to good work.

With the spotlight turning on the global financial situation, and more and more people wanting to get involved in the decision making process and hoping to see money used efficiently, there's never been a better time for public sector workers to re-evaluate their spending habits - for the benefit of everyone.

The American Public Education System: Adjusting to a New Era of Technology and Change

The world as we know it is changing in leaps and bounds on a daily basis. Our children are growing up knowing and using iPods and computers with gigabytes of data storage for all their music and video files. High-speed Internet has become a way of life where more young people subscribe to http://www.myspace.com, read, chat, and communicate with friends online than ever before. As the Internet marketplace continues to expand rapidly, and technologies afford education access from the ease and convenience of home, it is imperative that parents and educators recognize the benefits involved in education online.

The public education system in the United States grew out of an economy based upon single income workers, zero competition from outside markets for internal education consumers, and more manufacturing jobs than service jobs. The baby boomers born during the post World War II era, enjoyed the benefits of President Franklin D. Roosevelt's Servicemen's Readjustment Act or the GI Bill of Rights, which granted affordable access to college education. The baby boomers of the United States catapulted into growth as a result of this, enjoying an unprecedented level of abundance and prosperity.

One of these baby boomers is President George W. Bush, who enacted the No Child Left Behind Act (NCBA), offering the societal challenge of making every child proficient in reading and math by 2012. A schoolteacher for more than thirty years, who now runs a management company for teacher training, described the resultant effect of this act upon the public school system as one which far exceeded the capabilities of what American public schools can currently offer.

Despite the grandiose claims of the NCBA, actual school performance began to decrease after the passage of the act and the United States, as a whole, fell behind in education.

Supplemental Educational Services

In 2004-2005, there were more than 22 million children eligible for "supplemental educational services", which includes tutoring. About 19% of those students got those services, or roughly two out of every ten students who were not proficient in core subjects, received aid. A good analogy would be a physician telling the parents of ten children that that they need medicine to cure an illness and only two out of the ten children can receive the medicine that they need.

The need for tutoring is obviously there. Why then is the current method of tutoring inadequate? There are principally four reasons why tutoring has been ineffective:

1) Schools can recruit tutors for students in rural areas and even fewer for those students in those areas with disabilities.

2) School districts do not tell parents that tutoring is available. When letters are sent home they often arrive late and are hard to understand.

3) Tutors are not allowed into schools and do not coordinate with teachers or the curriculum in the classroom, leaving the student confused.

4) State education departments do not evaluate the quality of tutors, as the law requires.

On one hand we have American schools and students failing and in need of remediation, operating under an outdated system of education, and money going to waste, and on the other hand we have an emerging technology platform based on high speed broadband technology that is leveling the playing field for people, and companies worldwide. This technology is one that not only attracts our children, but also captivates them, so that they return to computers and multimedia repeatedly for entertainment.