Justice Reform, Vetting Commissions and Double Standards: Analysis of the Impact on the Albanian Judicial System

Brunela Kullolli
University "aleksandër Moisiu" Durrës-Albania

Abstract

Abstract The judicial reform in Albania, adopted through the 2016 constitutional amendments, was presented as a transformative mechanism to guarantee the independence and integrity of the judicial system. However, this paper argues that in practice the reform has produced structural consequences that have led to the shrinkage of courts, the increase in the stock of files and the increase in delays in judicial processes, significantly undermining the functionality of the system. The transitional re-evaluation process (Vetting) brought about the removal of a significant number of judges and prosecutors, which resulted in immediate gaps in the judiciary. As a result, many courts operated with reduced capacities or became non-functional for certain periods. The shrinkage of the judicial structure was accompanied by an increase in the stock of files and a significant increase in the duration of the examination of cases, directly affecting the right to a trial within a reasonable time according to the standards of the European Court of Human Rights. The paper also analyses the failure to issue decisions within legal deadlines, the application of double standards in specific cases and the failure to respect the “double wealth” criterion in reassessment processes, raising serious concerns about coherence and equality in decision-making. The lack of a uniform approach to cases with similar circumstances has reinforced the perception of bias and weakened legal certainty. In conclusion, the study argues that the Albanian model of reform has produced an “institutional shock”, temporarily destabilising the justice system and creating long-term consequences for its efficiency, equality and public trust.

Presentation