Against the background of the question of how the integrity of public prosecutors and judges can be guaranteed in the future after the conclusion of the vetting process and the dissolution of the corresponding institutions, KAS and the ACGG organized a discussion on the time after vetting. The event was attended by legal experts as well as representatives of the media and civil society.
Key contributions and recommendations of the experts
Prof. Dr. Aurela Anastasi, Constitutional Law Expert
- Stressed the need for parliament to clearly regulate the post-vetting period in the Constitution, including possible constitutional amendments.
- Emphasised the importance of avoiding room for interpretation in the constitutional area during and after the conclusion of the vetting process.
- Called for an institutional treatment of issues related to decisions of the Strasbourg Court.
- Expressed concern that the Constitutional Commentary was not used as an interpretative tool during the implementation of the Vetting.
Prof. Dr. Altin Shegani, Lecturer at the Faculty of Law
- Presented international models of disciplinary control in the judicial system.
- Stressed the need for legal mechanisms to ensure accountability and institutional balance.
- Called for the identification of suitable models for Albania to ensure the integrity of judges and prosecutors even after the completion of the vetting.
Dr. Ylli Pjetërnikaj, Lecturer at the School of Magistrates
- Described the vetting as an emergency mechanism and stressed the need for a transition to a regular system of control and prevention.
- underlined the importance of a stronger focus on prevention rather than just exclusion from the system.
- Proposed the establishment of a "National Integrity Council" based on the functional model of the Special Appeals Chamber.
- Recommended that this mechanism should also include HIDAACI functions and allow for further investigations beyond disciplinary measures for judges, prosecutors and other state officials.
- Stressed that such an institution would help to secure the standards achieved so far and ensure functional independence.
Fabian Zhilla, lecturer at CIT and former head of cabinet at SPAK
- Spoke about the continuation of case processing by SPAK after the conclusion of the proceedings before the Special Appeals Chamber.
- Stressed the need for a comprehensive institutional analysis of the successes, challenges and next steps of judicial reform.
- Supported discussions on new integrity mechanisms, including the proposal for a National Integrity Commission.
- underlined the importance of an independent and efficient judiciary at the service of citizens.
Edmond Hoxhaj, Journalist at BIRN Albania
- Presented an analysis of the vetting process from the perspective of media monitoring.
- Emphasized the need for a broader and more professional analysis of the entire process.
- Proposed the publication of the assessments and assessments of the International Monitoring Operation in order to allow for a more comprehensive understanding of the reform.
- Commended the role of the media and civil society in accompanying the process.
- Expressed doubts that the integrity of the judicial system can be ensured in the long term without a vetting-like mechanism.
Erinda Skendaj, Head of the Albanian Helsinki Committee
- Emphasized the importance of continuous observation and constructive criticism during the vetting process.
- Expressed concern that in some cases, SPAK has not initiated further investigations into individuals removed from the system for unjustified assets.
- Considered the vetting to be an important signal against impunity and at the same time called for sustainable mechanisms to prevent a recurrence of such problems in the future.
Prof. Dr. Afrim Krasniqi, Executive Director of ISP
- Stated that Albania may not have sufficient capacity to implement such a deep and urgent reform.
- Called for the results of the reform to be assessed not only on the basis of statistics, but also on the basis of the actual functioning of the judicial institutions.
- Noted that the new judiciary has so far failed to meet citizens' expectations.
- Raised concerns about the closure and lack of accessibility of the online archives of the vetting institutions.
- Stressed the lack of a serious institutional analysis of the results and future prospects of the system after the completion of the vetting.
Other experts and participants also emphasized the need for sustainable mechanisms to monitor and ensure the integrity of the judicial system. At the same time, it was emphasised that the achievements made so far should serve as the basis for a functioning and European-oriented judicial system.
In this context, the Konrad-Adenauer-Stiftung reaffirmed its ongoing support for judicial reform in Albania through concrete projects, trainings, conferences and cooperation with judicial institutions, with the aim of strengthening an independent and professional judicial system in line with the standards of the European Union.
