Specific Objective 4.1

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“Full development of an integrated electronic justice system (e-justice) with unified identifiers, updated case management systems, Internet-based electronic registration for all three areas (criminal, administrative, civil) and links to registries and relevant national databases”.

Specific Objective 4.1 relates to the development of the information technology sector, in the field of justice where progress is still in its infancy. Although formulated in a long sentence that creates premises for confusion and ambiguity, we understand that the Objective is oriented in several directions: First, in an updated case management system; secondly, in the electronic registration of judicial data for all three areas, as well as the connection between the registers and the database in order to develop an integrated electronic justice system. In practical terms this means interconnection between the systems (that of the prosecution and the judiciary) so that the identification and search of cases (of various natures) is possible with only a ‘click’ and in real time. This would bring about a more efficient system and avoid delays and bureaucracies in communication and interaction between institutions (Court, HJC, Prosecution Office, HPC). From HIJ’s point of view, this means immediate access to this integrated system and complete information on the progress of a specific file, shortening the time of official communication with the court/prosecution office, and making HIJ’s work more efficient and effective.

This Objective is fully in line with Policy Goal 4 to achieve an efficient and effective coordination and management of justice. It addresses a major problem that exists in the justice system. The electronic systems of various bodies/institutions (including courts and prosecution offices) are not only outdated, but not integrated. Progress in the information technology sector, both by the judiciary and the prosecution office, remains insignificant. We will only make progress in this regard if case management systems are replaced with new ones. On the other hand, shortcomings in generating statistical performance data affect the measurement, analysis of outcomes and addressing of problems. They also affect the accuracy of the reports made by institutions in the context of obligations arising from the legal framework in effect (according to which the institutions of the justice system, HIJ, HPC, HJC, GPO report annually to the Assembly). This is a major objective that includes not only investments in terms of infrastructure, but also human resources. In this respect, the Objective is current and indispensable.

A similar provision existed in CJS 1. Specifically, Objective 7 provided: ‘Improving the functioning of the Ministry of Justice and its subordinate institutions which are completely new or fundamentally changed’. Activity 7.06 of this Objective provided: ‘Designing and implementing management systems, operational and oversight activities and financial functioning of MoJ and other institutions (HJC, HPC, HIJ, JAC) to enable them to manage the reform process (regarding Objective 5). Activity 7.07: ‘Support will be provided to all new and changed institutions in order to ensure the implementation of new management systems, operational and oversight activities, as well as the financial functioning of the MoJ (HJC, HPC, New Inspectorate, Appointments Council) to enable them to manage the reform process’.

Referring to the Periodic Monitoring Reports^[1] of different periods/years that have been published on the official website of the Ministry of Justice, the activities 7.06 and 7.07 have remained unaccomplished because HIJ was established in February 2020.

Also, referring to the Monitoring Report of the HJC Strategic Plan for the period July 2019-July 2020[2], Measure 3.1 “Increasing the efficiency, accuracy of data and effectiveness in the management of court cases through the development of a unified electronic case management system according to international standards” within Objective 1: “Increasing the efficiency, accuracy of data and effectiveness in the management of court cases through the development of a unified electronic system for the management of cases according to international standards”, is still in process.

Referring to the General Prosecutor’s Report on the Crime Situation for 2020, a priority remains the continuation of the work already started regarding the “case management system” (CAMS), and the adaptation of this system according to the needs of the prosecution office, to enable digitization, with priorities: 7.1 Ensure functionality of the CAMS system/modernization of a new case management system with advanced technologies. i) Network integration; ii) Assessing human and technological capacities, calculating costs and raising funds for the operation of this system or, if that is not possible, for a new case management system in the prosecution office. 7.2 Improve the collection, processing and acquisition of statistical data through an automated and functional system in the prosecution office[3]

Meanwhile, there is no connection with the Strategic Objectives of the HPC and HIJ Strategic Plan itself.

Consequently, we can say that the Objective is in chronology with the measures and priorities of CJS I, HJC and the General Prosecution Office.

Regarding the participating institutions, we suggest adding the Prosecution Office, as long as it will be part of the integrated system and data retention, or the Information Technology Center for the Justice System, whose mission is to develop policies for the information technology system of the justice system and ensure the effective functioning of information technology and data processing systems.

Conclusion: The Specific Objective is ambitious, but necessary to integrate data between the judicial system and that of the prosecution office, in the framework of effective coordination and cooperation between institutions and to better measure the performance of these institutions. Such a system affects the increase of the efficiency of the judicial system, the prosecution, as well as the accountability system. The objective is necessary in fulfilling Policy Goal 4, current in terms of its importance and realistic. We suggest reformulating it for the sake of clarity.

[1]https://www.drejtesia.gov.al/plani-i-veprimit-te-strategjise-ndersektoriale-te-drejtesise/

[2]http://klgj.al/ëp-content/uploads/2021/06/Raport-i-Monitorimit-te-Planit-Strategjik_korrik-2019-korrik-2020.pdf, pp 23, pp. 59

[3] General Prosecutor’s Report on Status of Criminality in 2020 https://www.parlament.al/Files/Kerkese/20210518105256Raporti_Vjetor_2020_Kuvendit_Kriminaliteti.pdf, pp. 263