This project is funded by the European Union Publication of the Assembly of Albania, with technical support of EURALIUS V- “Consolidation of the Justice System in Albania” Tirana, 2020
This document was produced with the financial support of the European Union. Its contents are the sole responsibility of The Assembly of Albania and do not neccessarily reflect the views of the European Union. CONTENTS
KEY INSTITUTIONS HIGH JUDICIAL COUNCIL 8 HIGH PROSECUTORIAL COUNCIL 8 SPECIAL ANTI-CORRUPTION STRUCTURES 9 JUSTICE APPOINTMENTS COUNCIL 10 SCHOOL OF MAGISTRATES 10 VETTING 11
STATUS OF IMPLEMENTATION 12 INTERACTION BETWEEN INSTITUTIONS 15 ON ITS
CONSTITUTION OF THE REPUBLIC OF ALBANIA ADOPTED
ALBANIA POTENTIAL CANDIDATE COUNTRY
STABILISATION AND ASSOCIATION AGREEMENT NEGOTIATIONS STARTED
APPLICATION FOR EUROPEAN UNION MEMBERSHIP
COMPREHENSIVE JUSTICE HIGH JUDICIAL COUNCIL REFORM LAUNCHED HIGH PROSECUTORIAL COUNCIL ESTABLISHED
SPAK COURTS AND SPECIAL PROSECUTION OFFICE ESTABLISHED
HIGH JUSTICE INSPECTOR MEMBERS OF VETTING ESTABLISHED INSTITUTIONS APPOINTED ADDITIONAL REFORM LAWS ADOPTED
2019 2020
CANDIDATE STATUS WITH PERSPECTIVE OF OPENING ACCESSION NEGOTIATIONS GRANTED more than 30 highly qualified local and interna�onal expertst over 100 technical experts specialized in specific fields interna�onal experts, including experts from EURALIUS (EU funded project), OPDAT (US Office of Overseas Prosecutorial Development Assistance and Training), Jus�ce without delay (USAID- funded project), OSCE, and the Venice Commission (Council of Europe).
MEP Mr. Knut Fleckenstein Identication of national and international best practices to guide the reform
Press Release of the European External Action Service
Strategic Planning Administra�on and Budget Commi�ee
appointment, transfers promo�on & evalua�on of judges/prosecutors (established in December 2019)
(to be established in 2020)
(established in December 2019)
Security conditions have to be met prior to appointment and promotion of judges, prosecutors, National Bureau of Investigation investigators and administrative sta of anti - corruption structures
Monitoring ocers will conduct the periodic monitoring of telecommunications of judges, prosecutors, investigators and their close family members of the anti- corruption structures
The Councils screen the assets and background of candidate magistrates and magistrates prior to their promotion Recruitment, ini�al and con�nous training of candidate magistrates, state advocates, legal assistants, legal advisors and chancellors in courts and prosecu�on officest
Publica�on and scien�fic research Structure
Assessment Components
Results 61 52
38 39 23 6
Final Decision No Final Decision Final Decision No Final Decision Final Decision No Final Decision
91 84 44 Dismissed Confirmed Terminated
Note: Status as of January 2020 More updated data may be accessed at www.kpk.al or www.kpa.al Delaying moments in implementation of the Justice Reform
The High Judicial Council is established and operational.
36 Calls for appointments to High Court opened
The High Prosecutorial Council is established and operational.
Procedure on verifica�on assessment, scoring, and ranking of candidates for Prosecutor General finalised
The Justice Appointments Council is established and operational.
5 regulatory acts adopted Procedure on verifica�on of Cons�tu�onal Court judge and High Jus�ce Inspector candidates completed Procedure on assessment, scoring and ranking of Cons�tu�onal Court judge and High Jus�ce Inspector candidates completed
More updated data may be accessed at www.kpk.al or www.kpa.al or www.kpk.al at accessed be may data updated More Note: Status as of February 2020 February of as Status Note: SPAK Courts judges assigned
Special Prosecu�on Office estblished
Candidates verified by Ranking Lists with five candidates Inspectors of Office of High Jus�ce Inspector Jus�ce Appointments Council sent to the Assembly recruited
Candidates assessed, scored, and ranked High Jus�ce Inspector appointed Office of High Jus�ce Inspector by Jus�ce Appointments Council becomes opera�onal INTERACTION BETWEEN INSTITUTIONS FOR ESTABLISHMENT OF JUSTICE SYSTEM GOVERNING INSTITUTIONS
nominates 3 CC judges by 3/5 majority nominates 3 CC judges out or if no majority automa�cally the of first 3 ranked by JAC candidate first ranked by JAC PRESIDENT PARLIAMENT selects by lot
JUSTICE APPOINTMENTS COUNCIL 9 members *
preselects and ranks candidates CONSTITUTIONAL COURT 9 members **
elects HJI by 3/5 majority or launches call for applica�on, if no majority automa�cally preselects and ranks candidates the candidate first ranked by JAC HIGH JUSTICE INSPECTOR ** elects 3 members of CC out of first 3 ranked by JAC GENERAL ASSEMBLY OF JUDGES GENERAL ASSEMBLY OF PROSECUTORS gathered ad hoc by HC Chair gathered ad hoc by General Prosecutor
elects 5 Lay Members
elects 6 magistrate members elects 6 magistrate members
Take decision on the number elects 5 of trainee magistrates lay members HIGH JUDICIAL COUNCIL per year HIGH PROSECUTORIAL COUNCIL 11 members ** 11 members ** 15 launches call launches call oversees administra�on, appoints proposes candidate GP appoints GP by 3/5 for applica�on for applica�on appoints, transfers, out of proposal promotes, of HPC evaluates & disciplines judges, chancellors, HIGH COURT legal advisors 19 members ** GENERAL PROSECUTOR appoints, transfers, administra�on oversight promotes, evaluates policy guidance and disciplines prosecutors SPAK COURTS COURTS PROSECUTION OFFICES SPECIAL PROSECUTION OFFICE
SCHOOL OF MAGISTRATES
Legend
President JAC Justice Appointment Council Parliament CC Constitutional Court Governance Institutions HJI High Justice Inspector Courts HC High Court Prosecution HPC High Prosecutorial Council * JAC could operate while vetting of its members is ongoing SPAK Courts Special Anti- Corruption Courts ** Need to be vetted before operation
16 This project is funded by the European Union