Measure 1.2.3
“Finalize the review of the legal framework related to the governance of justice based on the HJC-related component; consult on and adopt acts”.
This measure envisages the review, after an analysis process regarding the status and governing structure of the HJC[1], of the legal framework regarding the functions and responsibilities that the HJC has in carrying out its mission to govern the judicial system in Albania. This measure also provides for the consultation on and approval of new acts that will come as a result of this process. So, this measure envisages three consecutive activities: first, the finalization of the review of the legal framework, which means ensuring an internal decision-making regarding the analysis and the outcomes/proposals resulting from it, which should contain concrete changes in laws and regulations; second, the implementation of a consultation process with stakeholders involved in the process that the CJS II action plan does not detail; and thirdly, the adoption of amendments to acts or adoption of new acts.
Especially for the last two activities foreseen in this measure – consultation on and approval of acts, since the outcome and objective from where this measure originates provides for the amendment of the law that affects the HJC, the measure should have at least included the Ministry of Justice, but also the Assembly. Law 115/2016 itself, in its Articles 71 and 93, provides for two cases of cooperation between the Ministry of Justice and the High Judicial Council. Specifically, the law stipulates that the Minister of Justice coordinates the development and implementation of state policies and the justice sector strategy and is responsible for the development of legal drafts in the field of justice, for which s/he also takes into consideration the opinion of the High Judicial Council.
The law also stipulates that the High Judicial Council cooperates with the Minister of Justice to ensure that the strategic and budgetary plans of the judicial system, approved by the Council, are in line with state policies and the justice sector strategy. Specifically, the HJC: a) examines the functioning of the rules of civil, criminal or administrative court procedure; b) makes recommendations for amending the rules of civil, criminal or administrative court procedure; c) responds to requests received from ministers to give an opinion on a draft law or any other issue that may affect the judicial system or the courts; and ç) may give an opinion on a draft law or any other matter that may affect the judicial system or the courts, by referring it to a ministry or other body. In conclusion, the HJC proposes to the Minister of Justice to initiate legal changes in relation to any matter that is under his/her responsibility.
It is worth mentioning that according to the IPA III instrument (2021-2027), for Albania’s membership in the European Union, which provides for the obligations of the Albanian state related to the funding provided by EU funds, the HJC and HPC will need to strengthen the capacities for the rules that they create and apply for career development, while for issues related to the analysis and changes in the legislation, the instrument mentions the strengthening of the Ministry of Justice capacities.
There are no indicators for this measure, but only monitoring through reporting by the relevant institution.
Conclusion: This measure meets the outcome, is in line with the specific objective set, but needs to be complemented by the institutions, which will have to participate in this measure. For the measure to be implemented, the work of the HJC alone is not enough, because it is responsible only for the first phases – study, analysis and proposal/consultation, therefore the concrete tasks of the other involved institutions must be carried out. Whether the measure has been implemented or not, this will have to be inquired with several institutions at once (MoJ and the Assembly)
[1]CJS II Action Plan, Measure 1.2.1 and 1.2.2;