The European Assistance Mission to the Albanian Justice System (EURALIUS) project has since 2005 supported the development of a more independent, impartial, efficient, professional, transparent and modern justice system in Albania, assisting Albanian justice institutions in bringing their performance closer to EU standards and restoring public trust and confidence in the rule of law.

The EU experts engaged in the project have worked closely with the Ministry of Justice, the Parliament, the High Council of Justice, General Prosecution Office, the School of Magistrates as well as lawyers and notaries. They developed measures to ensure separation of state powers, fight corruption, improve the efficiency and professionalism of the judiciary, and overcome corporatism in judicial institutions.

"The justice system reform project – the achievement of a number of committed and determined individuals - could not have come to life without the broad support of all domestic and international actors. The EU takes the credit for being a key partner in this success," Director of School of Magistrates Sokol Sadushi said.

The fourth stage of the project, which started in September 2014 and relied on 20 long term local and international experts, marked a change as it also supported the complete overhaul of the judiciary, leading to Constitutional changes and the drafting of more than 40 new laws.

The project’s team leader, Dr. Agnes Bernhard, is confident that this process brings Albania closer to the EU. "The vast number of recommendations put forward during the reform process was based on relevant European standards, like the EU acquis or the European Court of Human Rights case law. In addition, opinions and recommendations from the Venice Commission, from the Consultative Council of European Judges and from many EU Member States provided the guidance", says Bernhard.

Implementation of the reform

Justice reform in Albania has entered a crucial phase of institution-building and implementation.

The vetting process which includes the re-evaluation of current judges and prosecutors on the basis of integrity, ethical background, professional competence and background-checking of their assets is one of the core elements of the reform.

The Independent Qualifications Commission, which is the first instance of the vetting process, held its first hearing on 21 of March and two days after ruled to dismiss a constitutional judge.

Several judges and prosecutors resigned already – the most prominent example being the resignation of the High Court Judges and Constitutional Court judges, considered the highest level judges of the system as much as among the "strongest". The Independent Qualifications Commission can discharge judges and prosecutors, who do not pass the evaluation and it can send respective cases of resigned personnel for criminal persecution.

Albania has also dealt with the issue of judicial processes lasting too long before reaching the final decision. After the Albanian Parliament approved a legal package with 7 key laws related to governance and functioning of the judiciary, cases of mediation have now increased, which has automatically improved court efficiency.

The EU Ambassador to Albania, Romana Vlahutin, summarised the reforms already delivered: “Albania did a very smart thing: it frontloaded major parts of Acquis Chapters 23 and 24 on Rule of Law, through a very comprehensive justice reform. It means, in simple words, that Albania has done a lot of advance work and has gained time for the future”.

The Albanian Parliament approved 31 other procedural law changes to impose stricter rules for advocates to process documentation and minimise abuse. Lawyers are reporting that the reform has expedited court hearings but imposed stricter rules on their performance.

In order to build public confidence in the reform and to ensure that it responds to the actual needs of Albanian society, the constitutional changes were discussed with students, academics and interested parties through several rounds of consultations throughout the country.  For instance, consultations have also been organized with civil society to reform legal aid law to the benefit of all Albanians.

Photo: AFP