TIRANA, Jan. 14 – Political consensus on justice system reform may be quite far away given the bitter debate that characterized the second meeting of the Parliamentary Commission of Laws on Monday.
Governing lawmakers and those of the opposition on the committee were involved in heated discussions regarding changes to the draft law entitles, ‘On the Organization of Judicial Power’ presented before them for review.
Representatives of the High Council of Justice (HCJ) invited to the meeting also criticized the draft law.
HCJ deputy head, Kreshnik Spahiu, expressed his willingness to assist the Committee in preparing draft laws that affect the justice system, but the Committee’s head, Fatos Beja of the governing Democratic Party, turned down the offer saying they had their own experts.
“We came here in a constructive and productive spirit aiming at improving and supporting this draft. Asking for the review of seven or eight provisions does not mean obstructing the process, but instead bringing it forward,” Spahiu said.
Opposition lawmaker Fatmir Xhafaj of the Socialist Party said that special attention had to be paid to suggestions made by the parties affected by the draft law, namely the HCJ and the Judicial Conference.
“Dialogue with the judicial body must continue in order to amend and improve this Government project which has been brought before us in a state of mess. It is just not enough to hold up placards [in support of justice system reforms],” said Xhafaj.
Spahiu drew attention to the shortcomings of the draft law. The draft law failed to deal with key issues such as the organization and functions of the High Court, resulting in serious repercussions that will ripple all the way to the First Instance Courts and the Appellate ones, and human rights in general.
Spahiu said that the draft law did not properly establish and regulate a career, salary and ranking scheme for judicial staff and administrators, and also highlighted the negative model, unique to the Albanian system only, where the activity of judges was monitored and controlled by both the HCJ and the Ministry of Justice.
Justice Minister Enkelejd Alibeaj defended the draft law arguing that it was a “product of co-operation with the European Union and technical legal assistance received from others.” Alibeaj argued that the monitoring of judicial activities should not be left to the HCJ or an inspection agency created by the HCJ.
He said that “the public should address the Executive with complaints about the judicial system and services,” while disciplinary measures against judges should be undertaken by the Ministry of Justice.
