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The head of the HCJ, Naureda Llagami, listed the reasons why the new judicial map should be functional during the discussion in the Laws Commission.
She stated that the map includes the fair distribution of human resources that will be in service, since a judge in Gjirokastër has 180 cases, while in Tirana there are 2 thousand.
The Chairperson of the HCJ emphasized that the workload of judges should be the same throughout the country.
Llagami also mentioned the situation created by Vetting, reducing the number of judges in the country.
Deputy Pandeli Majko: I took Korça as an example, because it has not changed much after the 90s, that the road with other cities has become closer. I would beg you openly who were the principles that the HCJ took this decision.
Wet: The map document is technical, sorry to allude to things. The KLJ does not have the luxury of coming out and speaking like a politician. But the statements are not read between the aduks. Every link that was taken was taken by the working group, it is the law that obliges us, there was a need to change a judicial map. As it used to be, it was the ministry and the president, the exclusivity belonged to the ministry. It is now the KLJ which requires cooperation with the Ministry of Justice regarding all functionalities, related to the budget and the infrastructural part. Before the structure was approved, we created the working group because we were very aware of the necessity of implementing the law. We got the expertise of the Council of Europe, they got the expertise of USAID, they got that of the OSCE, the European delegation, the work was completed within the deadline despite the pandemic or problems.
We have also informed the Council of Ministers, it was not a product of Edi Rama or signed by Llagami. The law has set some criteria where the size of a court is stated and it is said that it should have 7 judges. In order to have an Appeal Court, we must have 10 judges. It is the law that determines it. Data were obtained and their proportions were made and agreed upon. We have consulted with international experts. For the courts of first instance, the average workload was 429 cases. There are no judicial map experts in Albania. The workload of judges should be the same. A court judges best when it has the conditions to judge. The citizen does not care where the court is. All these components, decision-making are interwoven saying who the court justifies, the size or the load. Regarding the Court of Appeal, which is one of the issues we had a problem with.
Just to inform you it will not be drastic, the plan is phased to allow the citizen to be educated. It is not the same access as in the first degree. It wasn’t just the creation part that had great appeal. With 10 judges, it is not allowed to have sections. Even the appointment of a judge must be in a specific field. The number of judges comes and goes. Because of Vetting and the priority Vetting had. That started from the highest courts to the lowest ones and this led to the emptying of Appeals.
The council was faced with a situation that only delegates judges. The judges of Tirana are delegated to do the 2020 cases in Korça. This proposal is made to minimize. We must take action to do as soon as possible. The problem is whether the trial is held in the Court of Tirana when there are 1,000 cases. After the proposal was made based on the request of the courts and the blockage.
Today we have an appeal judge in Gjirokastër with 180 cases and one in Tirana with 2 thousand cases. Concentration allows us to have all the Appellate judges judge the same number and increase the number of cases. Fair distribution of human resources that will be in the service. To clarify for the court of Saranda, it was not a political reflection, but in statistics. If we look at the statistics, the number of disputes has been increasing.
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