EURALIUS: Deadlines to establish new judicial institutions have not been met

Tirana Times
By Tirana Times June 6, 2018 07:48

EURALIUS: Deadlines to establish new judicial institutions have not been met

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  • The EURALIUS mission stressed in the report that the HCJ not only did not punish the judges who, according to the Ministry of Justice, were involved in illegal actions, but did not even take disciplinary action against them, although it has a legal obligation to.

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TIRANA, June 6 – The European Union’s mission in Tirana published its report on the consolidation of the country’s judicial system on Saturday, in which it stressed the transitory period to establishing new judicial institutions has significantly stretched, missing the timeframe set by Constitutional amendments.

The EURALIUS report covered the period from last year’s summer to February this year, all in the context of the country’s judicial reform.

Due to delays in the implementation of the justice reform, the High Judicial Council and the High Council of Justice are yet to reform.

“The establishment of the new governing judicial institutions depends on the reevaluation of the candidates to become judges and prosecutors,” the report states.

The EURALIUS mission stressed in the report that the HCJ not only did not punish the judges who, according to the Ministry of Justice, were involved in illegal actions, but did not even take disciplinary action against them, although it has a legal obligation to.

The HCJ delayed the disciplinary measures required by the Ministry of Justice against some judges, effectively missing decision-making deadlines, the report said.

Due to delays in the implementation of the justice reform, the High Prosecution Council has not yet been established. However, institutions that recruit or elect new members in the justice system are required to ensure their creation as soon as possible.

Euralius says that “the Magistrates University should continue to be the central institution to prepare judges and prosecutors with the highest professional quality.”

Meanwhile, the parliament is called to end its work with judicial reform laws. The HCJ and High Prosecutorial Council should establish standards and practices for the evaluation of judges and prosecutors in order to ensure a credible and transparent system of merit.

According to Euralius, courts need to establish judicial councils within the new legal deadline, and after the establishment, the HJC should ensure the functioning of the courts in accordance with the reform laws.

There are also problems with the high number of notaries for each resident, especially in the capital – a phenomenon which has reduced professionalism, and is expected to be solved with the establishment of new judicial laws.

Nonetheless, the report says, the reevaluation of judges and prosecutors is giving the first results.

Along with the Supreme Court member Edmond Islamaj, this week two other prosecutors faced the vetting process; Dritan Prençi, Prosecutor at the Prosecutor’s Office of the First Instance Court for Serious Crimes in Tirana, and Anila Leka, Prosecutor at the Prosecutor General’s Office.

Prosecutor Prenci is a member of the group investigating former Minister of Interior Saimir Tahiri.

Following the overthrow of some judges and termination of several mandates, the Constitutional Court is virtually closed, while the vetting process has now moved on to the Supreme Court.

The vast majority of judges and prosecutors reviewed so far have been overturned and taken out of the justice system.

 

Tirana Times
By Tirana Times June 6, 2018 07:48