Measure 2.3.15
“Establishment of a database of SoM lecturers and trainers with knowledge of EU law”.
This measure provides that the School of Magistrates should create a database of lecturers and trainers that it can use in order to carry out its scientific research activity with a focus on EU law.
This measure is incomplete and does not meet the outcome in terms of expertise in carrying out this activity. First, in order to analyze EU law, not only experts who know the EU law will be needed, but also experts who analyze the Albanian law in the issues where a comparative analysis of both laws will be made. Secondly, as the School of Magistrates relies more on the expertise of incumbent judges and prosecutors, and given that these publications focus primarily on the judicial system, the basis for the functioning of this activity will be magistrates. The lack of connection of the Albanian judiciary with the EU law so far will require strengthening of expertise capacities. For this reason, this measure should provide opportunities for the development of skills/capacities of the School’s trainers in this regard.
In addition, if by using the term “database”, the measure aimed to also provide for the uploading of study materials or documents that may come to the aid of researchers, again this should have been made clear in the wording of the measure.
It is not clear where the stipulation of a long deadline for the implementation of this measure, the year 2025, is based, as from the wording of the measure it seems as if it can be completed as early as in 2021 and then updated continuously thereafter.
Although, as analyzed above, strengthening the expertise capacity is the most important component, without which no activity can be carried out in terms of research, study and publication, this component is not provided in any measure in a clear and correct manner. A reformulation of the measure is necessary, otherwise, even if both measures, 2.3.14 and 2.3.15, are achieved, they will remain illusory in relation to the purpose of providing the Objective and Outcome.
Conclusion: This measure is incomplete and does not meet the outcome in terms of expertise in carrying out this activity. It should have foreseen the possibilities of developing the skills/ capacities of the School trainers in this aspect in order to really serve the desired outcome.
Common comment on the measures related to Outcome 2.3.2: The School of Magistrates, in its Institutional Strategy 2019-2023, has provided in a more concrete way that this result will be fulfilled, for example, through continuous analysis of research and jurisprudence through publications on a periodic basis; through electronic comments, opinions and information on laws and case law after relevant research work, through publications accessible to all actors and practitioners of law; increased research and translation activities, etc. The study will need to be more oriented by the SoM Internal Strategy to analyze and monitor the fulfillment of this outcome.