Specific Objective 2.1
“Review the legal framework regarding the judiciary, in accordance with the need to further improve professional capacity, accessibility, transparency and efficiency”.
Objective 2.1 stipulates the first instance of intervention that should be conducted in order to increase the performance of the judiciary and access to the judiciary; this intervention is a review of all laws that relate to or affect the implementation of these principles. The law is the first means, in the hands of the institution and the individual, that provides for the obligations and guarantees the rights in the fulfillment of these obligations. The principles or standards that this objective seeks to establish for the judicial system require an in-depth assessment of a large number of laws, material and procedural, and for the most part, organic laws, of fundamental importance for rule of law in Albania.
These laws should identify what are the arrangements that affect the enhancement of the professional capacities of the judiciary, those that affect access to the judiciary, those related to transparency and those that make the system more efficient. This is not an easy task, given that these principles lie in provisions that do not necessarily refer to the principle, but lie in the concept of solutions that the legislator has given to the various institutes of law, and often come up and are interpreted by the spirit and letter of the law.
From a glance at – as a minimum – the main laws governing these principles, we manage to identify some of them. Thus, issues related to professional skills will have to be sought in the laws governing the terms and criteria for being a judge/prosecutor, on training, career, evaluation, etc. Law 115/2016 and Law 96/2016 are taken into account here. Also, the issues of professionalism of the judiciary are related to the professionalism of the judicial administration, starting from the chancellor, as the highest judicial clerk, to every clerk who has the status of judicial civil servant.
Issues related to access to court and transparency are issues related to procedural laws (Code of Civil Procedure, Code of Criminal Procedure, Law on Administrative Courts and Adjudication of Administrative Disputes), while those for adjudication in the Constitutional Court are issues related to law “On the Constitutional Court of the Republic of Albania”.
Issues related to efficiency are both issues of procedural laws and substantive laws (Civil Code, Law on Commercial Enterprises), as the latter provide special tools that can be used by the parties/court and are related to the efficiency of the court. Also, efficiency is regulated by laws on the organization of the judiciary or prosecution office (Law 115/2016, Law 98/2016, Law 97/2016).
Thus, it is noted that the legal framework, which will need to be reviewed to check the possibility of improving it in terms of transparency, access, efficiency and quality in the judiciary, is very broad. However, the importance dictated by this process and the need for these laws to be harmonized, both amongst themselves and with international standards, makes it necessary for this analysis to be as thorough and exhaustive as possible.
Regarding the coherence of this Objective, given that the latest amendments entered into force in May 2021, which affect a large part of these above-mentioned laws and are focused, in particular, on the proper functioning of, unblocking and making the judiciary efficient, despite the few resources, it should be said that this inspection will have to start in 2023 at the earliest, leaving the necessary time for the changes made to the laws to give their effects.
Two Outcomes are envisaged for the fulfillment of this objective: the first is related to the revision of some procedural and material laws that affect the decision-making and the procedure followed by the judge, i.e., entirely judicial authorities, and the second relates to the revision of the laws on the organization of the judiciary and the filling of some gaps with bylaws related to the functioning of the courts in the institutional aspect, having in mind the judicial administration.
This provision is correct because, as analyzed above in the analysis part of Policy Goal 2, the goals sought to be achieved through it include laws of various natures. Their separate analysis helps to understand, organize and make recommendations on possible changes.
Conclusion: The principles or standards that this objective seeks to establish for the judicial system require an in-depth assessment of a large number of laws, material and procedural, and for the most part, organic laws, of fundamental importance for legislation in Albania. The importance dictated by this process and the need for these laws to be harmonized, both between them and with international standards, makes it necessary for this analysis to be as thorough and exhaustive as possible. Since the latest changes entered in force in May 2021, which affect a large part of these laws and are focused on, in particular, the proper functioning of, unblocking and making the judiciary efficient, even with few resources, this inspection will have to start in 2023 at the earliest, leaving the necessary time for the changes made to the laws to give their effects. Two results are foreseen for the fulfillment of this objective, which if they will be further fulfilled (see the analysis of the results below) and met, will fully meet Specific Objective 2.1