ContactNewsTransparency Programe
Digital platforms
SQEN
NewsOctober 19, 2021

Proposal document "On some issues of the justice system"

PROPOSAL DOCUMENT

"ON SOME ISSUES OF THE JUSTICE SYSTEM"

                                                      PROPOSAL DOCUMENT "ON SOME ISSUES OF THE JUSTICE SYSTEM”

 

Introduction

On September 7, 2021, at the initiative of the Director of the School of Magistrates, Mr. Arben Rakipi on the eve of the academic year 2021-2022, was organized at the School of Magistrates, a joint meeting of the governing bodies of the justice system charged by the Constitution and law.  In this meeting were discussed issues related to the good administration of the justice system in the framework of the progress of justice reform and in the context of responsibilities that each institution has in current developments.   

Participants in this meeting were as follows: 

  • The Head of the High Judicial Council (HJC); 
  • The Head of the High Prosecutorial Council (HPC);
  • High Inspector of Justice; 
  • Vice Minister of Justice; 
  • General Prosecutor; 
  • The Head of the High Court; 
  • The Head of the Special Appellate College; & 
  • The Head of the Independent Qualification Commission;
  • Other important representatives of these institutions.

It has been considered essential by the School of Magistrates and all other governing institutions of justice to coordinate forces and opinions so that to meet the challenges of the system not only today, but continuously and in the long term. The independent governance of the judiciary encourages all institutions to converse and coordinate forces or ideas. Through an institutional coordination of affairs, it was agreed to be held periodic meetings between the institutions of the judiciary, to draft joint materials, recommendations for changes of all characters addressed reciprocally to the bodies of the governance of the judiciary, the executive power and the Albanian Parliament.   

The main topic of this meeting was:  

  • Clear identification of opportunities and the need to establish admission quotas in the School of Magistrates so that to be better supported justice reform on the purpose of  filling the vacancies created and, the continuous training of beneficiaries of the service provided by the School of Magistrates.

Participants in the meeting emphasized that should be taken measures to meet some important conditions in order to enable the School of Magistrates to support the reform in the best filling of vacancies. Also, were identified some conclusions that were supported by all participants as follows:

  • The increase of the quality of the education program and of the formation of new magistrates is an inter-institutional priority;
  • The number of about 80 candidates to attend the School of Magistrates in an academic year was considered  to be reasonable;
  • In spite of   high admission quotas of recent years and those expected for at least the next two years, the process will still require at least three academic years;
  • To be taken immediate measures for the construction of the building of the School of Magistrates, as a necessity of the creation of the necessary infrastructure for the accomplishment of academic objectives.

At the end of the meeting, participants agreed on the drafting of this proposal document that will include the identification of the main issues that currently present a problem in the system of justice, issues related to the improvement of the working practices of each body, as well as recommendations for their resolution. 

I. The improvement of daily work practices of each institution

  • In relation to the School of Magistrates 
  1. Detailed and objective evaluation of the absorption capacities of candidates for magistrates through the analysis and statistical data on the quality of exam results in years as well as the providing of appropriate academic basis;
  2. Re-evaluation of the program of continuous formation, towards the reduction in number and the increase of the quality, in order to avoid the overload of judges and prosecutors and to create the opportunity for specialized training of subjects that are part of the program of continuous formation in the School;
  3. Complete re-evaluation of the programs of the involvement of judges or prosecutors in mock trials, mentoring, etc., in order to avoid spending unnecessary time to the detriment of the performance of judicial activities;
  4. Prior commitment to make efficient the orientation of the education program of pre-professional and professional practices, mentoring, organization of mock trials, etc., on the purpose of the preparation for the profession of judge and prosecutor, at the end of the two or three years of the program of initial formation;
  5. The increase of the technical capacities of the School for the development of online or hybrid trainings.
  • High Judicial Council (HJC) and High Prosecutorial Council (HPC)
  1. The compilation as soon as possible of the court map as one of the efficient measures to lessen the shortcomings in the system. The coordination of work as soon as possible with the Ministry of Justice is crucial;  
  2. Continuous monitoring of the need for structural or legal changes of the system that facilitate the procedures of the judgment of cases or their administration in general; 
  3. Re-evaluation of the systems in the selection and verification of candidates for judges and prosecutors who complete the School of Magistrates in order to speed up the entry into the system; 
  4. The evaluation of the use of working time by judges and prosecutors, during all days of the week and the avoiding of movements with graphic is seen as an internal opportunity to lessen the needs of the judicial system;
  5. To become possible that practitioners of the third year of the School of Magistrates may be welcomed in the system and to be given the opportunity to assist in the administration of cases, in the drafting of acts and in the giving of opinions for their resolution.
  • High Inspector of Justice
  1. High Inspector of Justice in cooperation with the School of Magistrates, ensures that non-magistrate inspectors attend a specialized and joint training course with magistrates that work, or that are commanded as inspector to the office of the High Inspector of Justice.
  • Ministry of Justice 
  1. Recent legal changes to the justice reform package and to the key procedural laws have begun and will continue to produce their positive effects towards the normal functioning of the justice system; 
  2. The Ministry of Justice will complete the court map which is considered as an important product for the facilitation of the system as a whole, and will continue its efforts to find legal spaces where there may be a need for changes of procedural laws;
  3. It is committed to follow attentively proposals made in this forum and to exercise with priority its competencies for their inclusion in the legislative process.

II. Possible legal improvements

Participants in this forum discussed and agreed on a group of issues that should constitute and end as legal changes: 

  1. The third year of the Program of Initial Formation in the School of Magistrates, conceived as a year of professional practice, should be considered as a year of work as magistrate. They should be nominated immediately on duty after the completion of the second year in the School of Magistrates. The Councils should issue guidelines in relation to the nature of cases they have to examine;
  2. Legal advisors and assistants should have the possibility of the progress of career within the judiciary. A work experience, of at least 5 years as legal advisor or assistant is considered reasonable for the creation of spaces for the nomination as magistrate. For the 2-3 coming years the School of Magistrates should be dedicated only on the duty of the preparation of candidates for magistrate, while advisors and assistants should be selected based on criteria that are defined by the High Judicial Council (HJC) and High Prosecutorial Council (HPC) for the analogy of the practical solution that was related to the initial training of state advocates; 
  3. The process of the evaluation of property and figure of the candidates for magistrate at the end of studies in the School of Magistrates may be removed. The law should foresee only a control for candidates for magistrate, so the control in the entrance, before the receiving of the status of candidate for magistrate for not causing delays in their final nomination;  
  4. The law should foresee clearly the figure of the legal assistant in the first instance court; 
  5. The law should foresee additional encouraging and monitoring mechanisms in the function of mentoring, (of the professional practice of candidates for magistrate), so that the evaluation done by mentors could be based on merit, uniformity and harmonization with methods and standards of the evaluation used by the School of Magistrates for the evaluation of the first two years of the Program of Initial Formation.

The Forum has agreed unanimously to meet periodically on the purpose of unifying the decision-making. The Forum is convinced on the commitment of legislative organs and of organs of national governance for the treatment full of liability and merited seriousness of the discussed issues.

Mr. Arben Rakipi, Director of the School of Magistrates 

Tirana on 13.09.2021

← Back to list