Measure 1.2.7
“Finalize the review of the legal framework related to the administration of justice based on the HPC-related component”.
This measure has the same wording as the measure provided for the HJC and goes through the same analysis process, provided in measures 1.2.5 and 1.2.6, as provided for the HJC. Thus, even in the case of HPC, it is planned to conduct a review of the status and governing structure of HPC, of the legal framework regarding the functions and responsibilities that HPC has in fulfilling its mission to govern the prosecution system in Albania. This measure also provides for the consultation on and approval of new acts that process will produce.
For matters of internal decision-making of the institution (HPC structure, staff and acts), this measure is complete and clear, as the HPC can and has a duty to assess these elements itself to understand how much they conform to the notion of good governance, which involves the operation of the HPC in terms of transparency, independence, accountability, etc. For issues related to legal changes, this measure should have provided as responsible institutions the Ministry of Justice and the Assembly, as a minimum. Law 115/2016 itself, in Articles 169 and 187, provides that the Minister of Justice is the institution responsible for the development of legal drafts in the field of criminal justice after obtaining the opinion of the High Prosecutorial Council.
The HPC issues and approves individual administrative acts related to the professional status of individual prosecutors or judicial administration officials; collective administrative acts, related to the status of all prosecutors or judicial administration officials; bylaws, pursuant to this law or other laws, with general binding effect on all prosecutors, prosecution administration, private persons and public bodies, as well as acts for the approval of internal procedural rules. In particular, procedural rules may include provisions regarding the coordination of the activities of the committees, the engagement of experts in the work of the Council, the distribution and division of responsibilities of the Council administration, the quorum required for committee meetings, the rules for publishing information on Council proceedings, etc.
In the analysis of whether or not the measure has been implemented, only these acts, which are a direct responsibility of the HPC, will have to be taken into account. For other issues related to the law, the MoJ and the Assembly will have to be involved.
Conclusion: This measure meets the outcome, is in line with the specific objective set, but needs to be completed by the institutions, which will have to participate in this measure. For the measure to be implemented, the work of HPC alone is not enough, because it is responsible only for the first phases, those of study, analysis and proposal/consultation, but the concrete tasks of the other involved institutions must be solved. Whether the measure has been implemented or not, this will have to be verified with several institutions at once (MoJ and the Assembly)