The opposition Socialist Party has warned it will not give its consensusto the Supreme Court law if the dispute in the regional council of Fier, a stronghold of the opposition, if not resolved
TIRANA, Nov. 13 – Ongoing political conflicts between the majority and the opposition this time over the deadlock in the Fier regional council, continue preventing the establishment of the Administrative Courts. Five months after the approval of the law in Parliament both the ruling Democrats and the opposition Socialists have failed to make some changes to the Supreme Court law needing a qualified majority of votes in order to complete the full legal infrastructure on the establishment of these courts ensuring the independent legal review of administrative decisions. Although supporting the changes to the Supreme Court law, the opposition Socialist Party has warned it will not give its consensus if the dispute in the regional council of Fier, a stronghold of the opposition, if not resolved. Both the majority and the opposition claim they have the head of the Fier regional council and the process is being legally examined in prolonged trials. The case is also holding back key reforms required by the European Commission after Albania was granted conditional candidate status as both parties refuse making concessions.
“Albania would need in particular to focus on consensually adopting the revised rules of procedure for parliament and the amendments to the Laws on the High Court and on Civil Service,” says the European Commission in its latest progress report on Albania.
Last summer, both the majority and the opposition failed to approve a law requiring a qualified majority of votes on the Supreme Court, some articles of which are necessary to establish the administrative court system and the examination of the law was postponed for September.
Justice Minister Eduard Halimi has appealed to the opposition Socialist Party to vote the Supreme Court law which needs a qualified majority of 3/5 of votes. Speaking at the inauguration ceremony of the Appeals Administrative Court this week, Halimi said “We expect the Supreme Court law to be approved in the next few days so that this building we inaugurated will not remain inefficient.” The Justice Minister also said he had demanded the High Council of Justice to test administrative court judges within next December. The Appeals Administrative Court will have seven judges and be equipped with audio and video system. The first instance administrative court is also expected to be inaugurated by the end of the year.
Business community concerned
The business community represented by the Konfindustria Association has appealed to political forces to make mutual concessions on the immediate establishment of the Administrative Courts. In a statement, Konfindustria describes Administrative Courts as a missing chain in the Albanian justice system which will give a long-term solution to business issues but even citizens in their problems with the state administration. “All other actions are futile and could serve and be used only for political benefit in the short-term but with no crucial impact to the benefit of citizens and businesses,” says the Association, also concerned over the climate of doing business at this time of crisis. “In times of economic crisis the business-tax administration clashes are tougher because on the one hand businesses face objective difficulty in payments and the tax administration on the other hand is more demanding to fulfill revenue targets,” says the Association.
Never-ending saga
When Parliament adopted the law on Administrative Courts last May, the three-instance court system was supposed to be set up in early 2013. Six first instance administrative courts will be set up in the country’s key regions of Tirana, Durres, Shkodra, Korca, Vlora and Gjirokastra, cutting procedures and time for both businesses and individuals in disputes with state institutions. The Appeals Court and Administrative College of the Supreme Court as the final instances will be available only in Tirana. The bill foresees that administrative judges will be tested before their appointment and have job experience of 5 to 9 years.
The bill was approved after almost four years of being blocked due to a prolonged political stalemate after the 2009 general elections and consensus on bills requiring qualified majority of votes reached only in late 2011. The Administrative Courts draft law was approved by government in autumn 2008 but failed to be discussed in Parliament after the 2009 general elections first due to the opposition’s parliamentary boycott and later because of ongoing political stalemate. Positive signals came only in late 2011 when both the majority and opposition ended their political stalemate by approving several Codes requiring 3/5 of the votes.
In a country report on Albania, the European Commission warned delays in establishing the administrative court due to lack of political consensus remained an obstacle to investment.
In October 2010, the United States embassy in Tirana announced it was withdrawing its financial support for the Administrative Courts bill after both the majority and opposition failed to find consensus on its approval in Parliamentary because of the ongoing political stalemate since the June 28, 2009 general elections. Business costs associated with the absence of administrative courts are estimated at more than 400 million euros a year, say government officials who were pushing to have the law on the new court system approved in parliament.The law is an important step in reforming the judicial system, ensuring legal review of administrative decisions by independent courts, increasing transparency and fighting corruption in the civil service. The Law on Administrative Courts provides for first instance administrative courts to be set up at central and regional level, and for a court of appeal and a dedicated chamber in the High Court. This should ease the case burden of other courts and allow specialised judges to deal with administrative cases, provided that the necessary resources are allocated.
