Constitutional amendments as means for the empowerment of the fight against corruption and the increase of trust towards the institutions of justice

• Author: Odise Moçka
• Position: Prime Minister's Office (Albania)
• Pages: 149-159

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 1 No. 2

June, 2017

ISSN 2519-1284

Acces online at www.iipccl.org

149

Constitutional amendments as means for the empowerment of the fi ght

against corruption and the increase of trust towards the institutions of justice

Msc. Odise Moçka

Prime Minister’s O ce (Albania)

Abstract

The dynamics of the economic and social development of the society as well as, the issues

displayed within the justice system have drawn the need for a frequent readjustment of the

legislation of the main institutions whose object is to provide justice. Although these frequent

amendments have brought improvement, still according to public perception and other

measurable indicators, these changes have failed to bring the expected results.

The monitoring reports of the international partners as well as public perception with respect

to the fi ght against corruption, professionalism, independence, trust, accountability and

e ciency of the justice system, have had a continuous decline in tendency with respect to the

trustfulness of this system.

The fi ght of these notably negative phenomena and the rise of trust towards the institutions

of the justice system has highlighted the need and the necessity of a profound reform in the

organization, division of responsibility and the accountability during the exercise of duty.

Precisely the drastic amendments in the Constitution regarding the organization and the

functioning of the justice system will be the object of this paper. It will focus in addressing the

organization, structure, competences and the method of operation (Modus Operandi) of the

newly formed organs whose object is the fi ght against corruption and the organized crime.

Keywords: Corruption, Organs, Constitution, Crime, Prosecutor.

Introduction

With the law no: 76/2016, date 22.7.2016, the Parliament of the Republic of Albania

adopted the constitutional amendments in the law no: 8417 date 21.10.1998 “The

Constitution of the Republic of Albania”. The object of this law was to reform the

justice institutions. It consists of 47 articles which have broadened, amended or

abolished those constitutional articles that refer to the justice organs. Among the

substantial changes that this reform brought, this paper will refer to those which are

related to the organization and the functioning of the newly founded organs whose

object of activity is the fi ght against corruption and organized crime. However,

before assessing thoroughly the constitutional amendments it is necessary to make

an analysis of the legal bases, organization and problematics encountered through

the years by the organs of justice and especially those whose main focus of activity is

the fi ght against corruption.

The O ce of the Prosecutor

The O ce of the prosecutor is the main organ that can initiate, organize and carry

out an investigation as well as raise charges for criminal cases especially for those of