The policy making role of the High Judicial Council in the framework of changes brought by the justice reform in Albania

• Pages: 11-19

11

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

Vol. 9 No.1

May, 2023

The policy making role of the High Judicial Council in the framework of

changes brought by the justice reform in Albania

Klei Kaçupi

Lawyer

Assoc. Prof. Dr. Jola Bode

University of Tirana, Albania

Abstract

Due to the changes brought by Justice Reform in Albania, the governance of the justice bodies

was reconceptualized. Two new bodies were created, the High Judicial Council (HJC), and

the High Prosecution Council (HPC). These structures will govern, respectively, the judicial

system and that of the prosecution. The creation of new structures resulted in the reduction of

the powers of the Minister of Justice towards the judiciary, and those of the General Prosecutor

towards the prosecution.

The creation of the HJC with a new composition and competencies was a very positive

development, both in terms of its composition and the powers dened in the law. Since the

governance of the judicial system is now responsibility and competence of the HJC, this body

is provided by law with a policymaking, managerial and administrative role of the system.

This paper will analyze the policy-making role of the HJC, as the main mechanism to enable an

eective and ecient governance of the judicial system in Albania. In this article, the powers

that the current legislation gives to the HJC, related to the policy making of the judicial system,

will be highlighted. It will also be addressed how HJC exercised these powers in the rst years

of operation.

Through the above analysis, it will be argued that although HJC has done a good job in this

direction, it should make further improvements in the future. The priorities of the justice

reform and the consequences that the system suered due to the process of re-evaluation of

judges, now require a long-term solution from HJC, precisely through a successful strategic

planning of the judicial system.

Keywords: Justice Reform, High Judicial Council, judicial system, strategic planning.

1. Introduction

For many years, the Albanian judiciary has not had the public’s trust in its role in

strengthening the rule of law and guaranteeing basic rights for citizens. Although

after the 90s, a series of reforms were undertaken to consolidate judicial power, they

did not bring the impact they intended to have for an independent, impartial and

integrity judiciary. In the documents that preceded the Justice Reform, where the

judicial power was analyzed, a series of problems were identied both in maers

related to its organization and its operation as well1. Among the problems identied

were, the lack of independence, professionalism, accountability, transparency, or

eciency, which brought loss of public trust in the judicial system2.

2 Idem.