Specific Objective 4.4
“Updating the MoJ legal framework and capacities and making improvements in the field of international legal cooperation and preparing Albania for EU membership through the approximation of Albanian legislation with the EU acquis and other acts of integration with the EU and Member States in the field of justice.”
This objective is oriented in two directions. Firstly, in improving the legal framework and increasing the capacity of the MoJ in the field of international cooperation and, secondly, in harmonizing legislation with the acquis and other EU acts to prepare the country for the EU integration phase. This objective is in coherence with Policy Goal 4, which refers to the efficient and effective management of the justice system in all institutions of the sector.
Although it is not clear from the wording of the Objective, referring to measures 4.4.1 and 4.4.2, we understand that the first part of it refers to the improvement of legislation and the capacity of the MoJ regarding international cooperation in criminal cases. If we understand correctly and this is the purpose of the Objective, it should be noted that Law no. 97/2021 provides for additions and amendments to Law no. 10193, of December 3, 2009 “On jurisdictional relations with foreign authorities in criminal cases[1]“. In this regard, we suggest that this Objective be reviewed in relation to the part of improving legislation, which has been amended less than three months ago in terms of improving the procedures for cases of jurisdictional relations, bringing it in line with the conventions of this field. The objective can be focused on supplementing it with bylaws for the adoption of which the Law leaves a period of 6 months from its entry into force.
Meanwhile, given that jurisdictional relations with foreign countries is one of the areas covered by the MoJ, increasing the capacity of the MoJ in relation to international legal cooperation, as well as recent improvements in legislation are considered necessary and current.
The rest of this Objective highlights the need to further harmonize domestic legislation with the Acquis, as a necessity within the EU integration process. This is an ongoing process, whereby each adopted legal act is checked for compliance with the Acquis of the field, and the development of the table of concordance is a legal obligation. As long as Albania continues to meet all its obligations under the SAA and the phase of preparation for EU membership, this objective remains current. Meanwhile, it is necessary to evaluate the capacities in this aspect at this stage and to invest in the staff and persons responsible for this process. This part of the Objective affects, in addition to the MoJ, the MFA and all institutions of the justice system, as well as those of the executive branch (Ministries and the Council of Ministers). Specific Objective 4.4 was newly drafted for the CJS II and was not included in CJS I.
Conclusion: Specific Objective 4.4 is in line with Policy Goal 4. We suggest reformulating it in order to clarify its terminology and purpose, as well as reviewing the part of improving legislation related to international cooperation, which has been recently amended.
[1]See Law no. 97/2021 “On some additions and amendments to Law no. 10 193, of December 3, 2009 “On jurisdictional relations with foreign authorities in criminal cases”, https://www.parlament.al/Files/ProjektLigje/20210714135014ligj%20nr.%2097,%20dt.%207.7.2021.pdf