Ethics, judiciary and Albanian legislation

• Pages: 79-85

79

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Vol. 7 No.2

September, 2021

Ethics, judiciary and Albanian legislation

Julis Zebi

University of Tirana, Albania

Abstract

On 7.06.2021, the Albanian High Judicial Council, in the successive plenary meeting, considered

the request of the High Inspector of Justice on the suspension of magistrate E. K, acting as

judge and commanded as chief judge in one of the Courts of f‌i rst grade, in Central Albania,

from her duty until the end of the disciplinary proceedings.

According to the announcement on the of‌f‌i cial website of the institution1, the Council, hearing

the relevant arguments, decided to suspend the magistrate until the end of the disciplinary

proceedings, and asked the High Inspector of Justice to conduct further investigations into the

disciplinary violation a ributed to her.

The High Inspector of Justice, in application of the principle of legality as the competent body in

exercise of his legal functions, has analyzed the content of the magistrate’s behavior published

on media and social networks, in order to identify legal elements, facts or circumstances as well,

which pursuant to a reasonable suspicion justify the initiation of a disciplinary investigation.

In his statement before the members of the High Judicial Council, among other things, the

High Inspector of Justice claimed that the disciplinary investigation proves that magistrate E.

K, has commi ed acts contrary to the principles of the magistrate integrity and the principle

of good conduct and self-control, provided in the Code of Judicial Ethics. The magistrate’s

of‌f -duty conduct and actions as well as the ones in her of‌f‌i ce premises, discredit the image

and position of the magistrate and damage the public trust in the judicial system, and are

considered a very serious disciplinary violation.2”

Furthermore, the High Judicial Council, in the published statement declared that: “... is

commi ed to restoring public trust to the judicial system, assures the public that it pays special a ention

to the ethical behavior of judges not only during the performance of their duty, but also outside. On

the other hand, the Council guarantees the respect of the constitutional rights of judges, regarding

the presumption of innocence and the development of a due lawful process, until the disciplinary

proceedings are over ”.3

This event brought to a ention a major problem commonly encountered in Albania, that on

implementation of the professional ethics by the public of‌f‌i cial, including magistrates and

other justice of‌f‌i cials. At this point, we have to acknowledge that there is a signif‌i cant progress

in terms of legislation, but it is found that legislative progress in this area goes in inverse

proportion to the practical reality of profession practicing.

Keywords: Ethics, judiciary and Albanian legislation.

Introduction

In 1991 Albania gave an end to the 50-year communist regime. Popular revolts enabled

a great change, the transition from a well-known totalitarian regime to democracy,

1 http://klgj.al/njoftim-per-shtyp-date-7-qershor-2021/

2 https://ild.al/en/2021/06/09/metani-the-judge-should-maintain-high-standards-of-judicial-and-

personal-conduct-as-a-mechanism-of-trust-for-any-judicial-decision-given/

3 http://klgj.al/njoftim-per-shtyp-date-7-qershor-2021/