In the framework of 10 May, the National Justice Day, the High Inspector of Justice, Artur Metani, welcomed at the institution a group of students from the Faculty of Law of the University of Tirana, with whom he shared views on Justice Reform, public expectations, as well as the scope of activity of the institution he leads.
Accompanied by magistrate adviser Arjeta Lika, assistant inspector Julis Zebi, the Head of the Unit of Assistance and Coordination of Information, Elis Kuçi, and the public relations specialist, Zilije Feçi, the High Inspector of Justice, Artur Metani, also responded to the students’ interest regarding the implementation of Justice Reform. He emphasized that, ten years later, it can be observed that Justice Reform has contributed to the creation of a system in which no branch of power can be abusive. Mr. Metani also added that the legislation has guaranteed greater independence for magistrates, while at the same time strengthening the mechanisms of control and accountability over them. “Of course, we are not yet where we need to be, but today the Constitution and the law do not create any possibility for institutions, in their decision-making process, to be subject to unlawful, political or any other kind of influence,” said Mr. Metani.
According to the High Inspector of Justice, “This independence guaranteed by law for every judge and prosecutor is a great power to influence the development of society and the consolidation of the rule of law, where the administration of justice is not considered a privilege or a matter of chance, but an obligation and a right of every individual.” Continuing further, Mr. Metani added that “The independence granted by the Constitution to the judge is, in fact, not an independence granted to him, but a benefit for the citizen and for the right that belongs to the citizen.”
In response to the interest expressed regarding the functioning of the HIJ, Mr. Metani explained to the young people the concept of separation of powers, their independence, and the role of the HIJ among the three branches of power: the executive, the legislative and the judiciary, while adding that the Constitution has provided for the HIJ as a mechanism to control and supervise the work of the judiciary with regard to violations or abuses, but without infringing upon their independence in decision-making.
Mr. Metani pointed out that “The decision-making of a magistrate is reviewed only by a court of a higher instance. Even if the High Inspector of Justice identifies procedural violations that produce consequences, he investigates and proceeds against the magistrate. Even if the magistrate is dismissed, this does not affect the judicial decision.”
During the discussion with the students, the High Inspector of Justice also focused on inspections, which monitor specific phenomena in courts and prosecution offices, such as delays in the written reasoning of judicial decisions, for example, by verifying deadlines, their observance or violation, and by preparing a final report with the relevant recommendations, which, if they are of a legal nature, are sent as proposals to the Ministry of Justice, while in other cases proposals are left to be sent to the High Judicial Council. For the High Inspector of Justice, finding the balance between the workload and negligence of magistrates is an issue that does not require emotional decision-making, but a full analysis.
At the end of his remarks, the High Inspector of Justice invited the students to become part of internships, to observe closely the work carried out at the Office of the High Inspector of Justice.
The students’ interest continued regarding the types of violations committed by magistrates, the deadlines for handling complaints and the reasons for their archiving, as well as the decision-making of the High Inspector of Justice (HIJ). The issue of how an investigation is initiated by HIJ was also addressed, namely whether it begins only based on a complaint or also ex officio. These questions were answered by magistrate Arjeta Lika and assistant inspector Julis Zebi.
