Justice Reform in Albania with Particular Focus on the Establishment of New Institutions

Author:Gloria Çarkaxhiu
Position:PhD Candidate, Law Drafting and Legal Analysis Department, General Directorate of Codification and Harmonization of Legislation, Ministry of Justice of Albania, Tirana
Pages:66-74
European Integration - Realities and Perspectives. Proceedings 2020
66
Justice Reform in Albania with Particular Focus on the
Establishment of New Institutions
Gloria Çarkaxhiu1
Abstract: This paper aims to focus to a very historic period of Albanian legislation that is the new Justice
Reform. The Republic of Albania has several years on reforming all the justice system by changin g the
structures and scope of most important justice institutions. These fundamental changes began with the
Constitutional amendments in 2016, by establishing a totally new system, and adding a number of new
institutions such as Judicial Councils, High Judicial Council (HJC), High Prosecutorial Council (HPC),
Justice Appointments Council (JAC), High Justice Inspectorate (HJI), Court against corruption and
organized crime, Special Prosecutor’s Office against corruption and organized crime, Special Investigation
Unit/National Bureau of Investigation and Re-evaluation Institutions. The method used for this paper is by
analyzing the current legal provisions and describes the new structures and competences of each institution,
by giving a presentation of the new Justice System in Albania.
Keywords: Constitution; Justice Reform; institutions; parliamentary commission
1. Origin of the Justice Reform
The origin of the Justice Reform starts in 2014, by Parliament’s Decision No. 96/2014 “On the
establishment of the ad hoc parliamentary commission on the justice system reform2, in which the
Parliament of the Republic of Albania, perform its constitutional role and assumed the responsibility to
actively contribute to the reform of the justice system, by exercising its legislative function.
The ad hoc parliamentary commission established by Parliament’s Decision No. 96/2014 “On the
establishment of the ad hoc parliamentary commission on the justice system reform”, started its activity
with the aim to make an analysis of the situation in the justice system, to establish the objectives of the
judiciary reform and to propose the necessary constitutional and legal amendments.
The main purpose of the parliamentary commission was analysing the justice system focused on the
situation in the organisation, functioning, good-governance, efficiency and administration of the justice
system, with the intention to evidence the gaps and needs for improvement, in close collaboration with
the Ministry of Justice and other institutions of the justice system, national and international experts,
other interested subjects and the public opinion.
1 PhD Candidate, Law Drafting and Legal Analysis Department, General Directorate of Codification and Harmonization of
Legislation, Ministry of Justice of Albania, Tirana, Address: Blvd. Zogu I, Tiranë 1000, Albania, Tirana, Corresponding author:
gloriacarkaxhiu@gmail.com.
2 Parliament’s Decision No. 96/2014 “On the establishment of the ad hoc parliamentary commission on the justice system
reform”.

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