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Attitude of the President of the Republic, Sh.TZ Ilir Meta on the concerns made public about the “New Judicial Map”
June 15, 2022
I am familiar with the public announcement of the High Judicial Council[1]according to which the Council on June 10, 2022, has approved the act of the New Judicial Map, but also the reactions and attitudes of the National Chamber of Advocates, civil society, and the business community, but also representatives of other organizations for the liberal professions that are related to the justice system.
I have followed this process, and I have repeatedly and repeatedly called on the HJC and other cooperating and decision-making actors to show care and objectivity regarding the new reorganization of judicial districts and the territorial jurisdiction of the courts.
Except for the fact that after 5 years of inability to exercise its basic functions, with 2 (two) new appointments, the Supreme Court has already emerged from the danger zone of the inability of its full functionality to fulfill its mission and sublime authority according to Constitution and law, the situation in the Courts of Appeal and the Courts of First Instance due to the lack of judges and the high workload is on the verge of collapse.
This situation is unacceptable and should concern everyone.
As President of the Republic, for more than 3 years I have officially requested and repeated the call to the address of the High Judicial Councilother governing institutions of the justice system, but also other actors and institutions decision maker that, need to engage seriously and at a faster pace to fill all the vacancies created in the judicial system.
Albania has a vital need for an independent justice system, but also fully functional and efficient. Citizens expect justice and deserve it, within a reasonable time.
- The functioning of the necessary judicial bodies of the Courts of Appeal and the Courts of First Instance and the filling of the numerous vacancies created in these courts is of vital importance for the country and the respect of fundamental human rights and freedoms.
- Although this part of the justice system (Courts of Appeal) has long been acknowledged by the HJC and other actors that it is heading towards complete collapse, Again, there is no full, objective and comprehensive commitment to take appropriate measures, legislative, decision-making, or organizational for the way of filling as quickly as possible and with quality all the vacancies that have been created and are being created in these courts. .
- The Courts of Appeal, civil, criminal or administrative, as well as the District Courts, are currently extremely overloaded, while there is still no strategy with clear timelines and action plan when this case will be finally resolved in compliance with European standards of burden on a judge and when the consideration of cases carried pending review in the Courts of Appeal, of more than 5 years, will be completed.
- On March 8, 2022[2], I asked for them again publicly to the High Judicial Council and other institutions involved to carry out a full and transparent consultation process of the first draft of the new judicial map; ABOUT very carefully evaluated and kept in mind before final approval, all comments, suggestions, remarks and any proposal that comes from other parts of the justice system, especially those who are real and everyday users of the justice system.
- The same concern was repeated by the European Parliament on May 19, 2022, which through the Resolution adopted for Albania[3]in addition to welcoming the return to function of the Supreme Court and the Constitutional Court, has called emphasizing that, Judicial reform according to the new judicial map should take into account the views of stakeholders and the socio-economic conditions of vulnerable groups, and improve access to justice and the rule of law process (see point 37 onwards of this Resolution).
I note with deep regret that neither the repeated requests and appeals of the President of the Republic, nor of the European Parliament, have been taken into account by the High Judicial Council and other actors involved in this process.
On the date June 10, 2022, The High Judicial Council has made public[4] that, has adopted the act on “The New Judicial Map”, where according to the notification of the Council, this act is a product of consultations, suggestions and opinions addressed during the process of public consultations organized in cooperation with the Ministry of Justice, by representatives of local bar chambersThe General Prosecutor’s Office, judges and judicial civil servants, as well as civil society and business community organizations.
The very fact that, from June 14, 2022, the National Chamber of Advocates, has started a process of boycotting all court hearings until June 17, 2022, in protest against the draft of the new court map approved by the HJC, clearly shows that the suggestions of the Albanian Advocates have only been administered, but have not been taken into account.
This important structure for the justice system (National Chamber of Advocates) may have been taken into account, but it is clear that the comments made by it have not been examined honestly and objectively.
It is clear that the High Judicial Council, in drafting and approving the new Judicial Charter, has been more guided from tension and / or haste that have created large vacancies in the judicial system, ie the lack of judges, and not by guaranteeing the most efficient justice, given in time, for the citizens and tangible for them and their defenders.
The amalgamation of such a large number of District Courts of First Instance (13 courts) and Courts of Appeal (5 Courts), on the grounds that there are no judges, it is neither the best nor the most appropriate solution, and it can never be in line with European standards.
Gathering judges in one building neither speeds up litigation, nor solves the overly troubling stock issue of cases carried over from 2016-2017, nor reduces the overload of judges, much less fills vacancies. in the system.
The Steering Committee of the National Chamber of Advocates has ascertained and made present to the entire public opinion[5] that the decision to approve the new court map is in serious violation of the fundamental rights and freedoms of the individual, specially protected by the Constitution, and regrets that this decision is in support of a number of violations found in criminal proceedings , civil and administrative developed in the courts of all levels.
Based on these developments, I emphasize once again that our country urgently needs judges and prosecutors who fill the large number of vacancies created in the justice system.
This situation is not resolved by a drastic merger of several courts in the country, as such a reorganization severely affects and limits access to justice for the individual and the process of protection in criminal, civil and administrative cases.
Given the small number of judges in the system today, but also the high number of stock court cases (carried over and unreviewed), if the new court map is finally approved according to the proposal of the High Judicial Council, then naturally to have:
- serious violation of the fundamental rights and freedoms of the individual, specially protected by the Constitution.
- Restriction / violation of access to the justice system;
- Increasing costs for the citizen and real users of the courts, as well as all free professions related to the judicial system;
- Shocks of the judicial system as a whole during the transitional phase;
- Concentration of final decision-making, only in a few judges in Tirana;
- Through the difficulties, the long waiting time for a decision, as well as the increase in the costs of following the court path, the loss of interest of the citizen to follow the legal path will significantly increase, and this naturally justifies the concern that it may increase the phenomenon. of self-judgment.
Understanding the concerns of the Steering Committee of the National Chamber of Advocates, and other law professionals, as well as respect for human rights and freedoms, where access to justice and the realization of a right through an impartial, established by law and within a reasonable time, I call on the High Judicial Council, the High Council of the Prosecution, the Prosecutor General, and the executive bodies to carefully reconsider this issue, because citizens need a justice system, not only independent, but also fully functional, efficient, in function of the citizens, and as close to them as possible, and not its centralized reorganization that removes justice from the citizen.
This extremely focused reorganization according to the draft of the new court map approved by the HJC on June 10, 2022, tries to hide the problems faced by the justice system today, but does not solve the problem of excessive vacancies, lack of of judges and prosecutors, nor the acceleration of court proceedings and the evacuation of the stock of court cases carried over and untreated dating from 2016-2017.
Lack of a strategy and action plan with clear timelines for when the vacancies created in the justice system will be filled, to give a deadline for when this issue will be finally addressed in compliance with European standards of workload for a judge, he can not burden the citizens again, limiting their access to justice, to the extent that they make it impossible for him to receive justice, at the moment when he needs it.
Although the Courts of Appeal and the Courts of First Instance are suffering greatly from system overload, and a lack of judges, this is not solved by concentrating justice on Tirana alone.
Only after filling the vacancies created with the necessary number of judges, according to European standards, could we have a new court map, which could objectively address the redistribution of human resources, according to the requirements of the time, economic and social developments, but always according to EU standards.
All these issues require the serious commitment of all, sincere, concrete and tangible measures, especially when this situation is directly related to the European integration process and the demands of the highest European bodies (EU Parliament), stability of Albania, as well as the respect of fundamental human rights and freedoms, an essential part of which is full access to the justice system and the administration of justice by an impartial court, determined by law and within a reasonable time.
I therefore reiterate the request that the attention of the HJC, the HJC, the Council of Ministers and the Assembly of Albania, and all other responsible institutions, involved and / or related to this issue, be increased in this regard, to respect the constitutional principles and obligations, by designing and implementing concrete, tangible and objective measures in order to realize a public service in the courts, as high quality, as close to the citizen, and through an acceptable cost in accordance with the development and the economic situation, reviewing the draft that the HJC proposes for the reorganization of the judicial system.
[1] http://klgj.al/njoftim-per-shtyp-date-10-qershor-2022/
[2] https://president.al/presidenti-meta-dekreton-emerimin-ez-gentian-medja-gjyqtar-te-gjykates-se-larte/
[3] https://www.europarl.europa.eu/doceo/document/TA-9-2022-0214_EN.html
[4] http://klgj.al/njoftim-per-shtyp-date-10-qershor-2022/
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