Speech of EU Ambassador Christiane Hohmann during the 30th anniversary of the Constitutional Court of Albania

Mr President, 

Madam Chair of the Parliament, 

Prime Minister, 

Honourable Ms Tusha, 

Honourable Ambassadors, 

Dear judges and professionals present here today,

Europe’s path towards modern democratic constitutional systems has been long and laborious. In our European history, we learned the hard way that without rule of law based on fundamental rights and democratic principles, the cruelty of “rule by law” is fast to come. 

The inclusion of human rights as constitutional rights, as well as the primacy of rule of law and of the independence of the judiciary became the fundaments of modern constitutions and of modern Europe. 

These are the same principles and values on which the European Union was built. The EU Charter of Fundamental Rights, which entered into force in 2010, is a symbol of our shared European identity, the knowledge that we all belong to a community of valueswhere fundamental rights are respected; where democracy and the rule of law prevail; and where judges exercise their work free from undue external influence. 

Albania fully shares these European values. Since 1991, Albania once and for all turned the page of isolation and oppression and chosen the road of modern European representative democracies and of the EU. In 1992, the Constitutional Court was established, and in 1998 Albania adopted its new Constitution.

In this new era, the Constitutional Court of Albania has played its role as guarantor of the Constitution and as protector of democratic institutions. Even with the best of principles enacted in a Constitution, the risk of infringement is always present and must be prevented. This is the raison d’etre of Constitutional Courts.

More recently, the comprehensive justice reform adopted in 2016 was another milestone for Albania. This reform re-designed the justice system and affected one third of the Constitution.

The reform represented a breakthrough for Albania’s EU integration path. It aimed attackling corruption in all levels, strengtheningthe integrity of the public administration, strengthening the independence of the judiciary and promoting public trust in the justice system.

The implementation of this complex reform has been neither easy nor perfect, but the absolute necessity and legitimacy of the reform has been confirmed again and again, and the reform is bringing results. 

In the first years of the reform, the Constitutional Court has gone through a difficult time, with vacant positions impeding its functioning. But everyone understands that a Constitutional Court must be composed of the very best among the country’s legal professionals, whose reputation, integrity and independence is beyond reproach. 

Today, the renewed Constitutional Court has almost full membership, heading toward 9 members very soon. The Justice Appointment Council plays its crucial role of ensuring that only the best are qualified and ranked for the open positions.

Indeed, all of Albania’s new justice institutions deriving from the reform are now in place. This is one of the key achievements that have enabled Albania to make a big step towards the EU, with the start of the accession negotiations.

Following the first Intergovernmental Conference on 19 July, we are entering a new phase in EU-Albania relations. In this new phase, rule of law will again be at the centre of attention. In the context of accession talks, Albania will have an opportunity to further consolidate its reformed judiciary. 

The EU and its Member States will continue to closely monitor progress on important issues such as the independence of the judiciary, and the progress on the track record on high level cases of corruption and organised crime.

Let me conclude by stressing that it is our generation’s responsibility to pave the way for Albania’s future as member of the European Union, which is the future that Albanian citizens want for their country. 

And the future definitely starts by always protecting the fundamental democratic principles - a responsibility that the Albanian Constitution, in the hands of the Constitutional Court, has held at the highest level.

Congratulations on this 30th anniversary of the Albanian Constitutional Court!