Speech of High Inspector of Justice Artur Metani in Brussels on the topic “Getting started: Observations and lessons learned from the Office of High Inspector of Justice”
Thank you for inviting me here, and to have the chance for discussing the insights as an actor of new justice institutions. I talked about this topic and the considerations that I am going to make, are from my personal view as a lawyer but as well as a citizen who first believes in the fundamental values of the European Union and of Europe in general because that is the main purpose why the reform was made. To make the country more democratic, closer to rule of law and of course respective to your marks. And in this aspect, the reform came in that means. A change which in the spirit of the European Union values aims at establishing a fair balance between power, democracy and the rule of law. This reform is one of the deepest and largest institutional and legal reforms in the country. The selected model and the degree of intervention in the justice system in Albania represent a unique case. New institutions have been established or reorganized and compared to other Western Balkan countries, Albania can be considered as the leader of this reform process. In this context, Albania experience with justice reform can help during the process of planning, implementing and monitoring institutional reforms in the Western Balkan countries.
Nevertheless, in this specific case, it must be taken into account the fact that the countries of the Western Balkans are at different stages of their integration processes. These countries have different legal systems and traditions as well. Although the countries’ concepts or rule of law are the same for all EU countries, it is required that the application of these standards be done in full respect for their traditions as well as their political, social or legal context. This process should be carried out through a careful analysis of the selected model and the degree of intervention in the justice system. It should be realized through a process of experience exchange to address the challenges as well as to learn from the experience of other countries.
Justice reform is in the process of being implemented in Albania. However, this process has not been easy. The complete reform of the justice system has faced several challenges while establishing and making functional the new bodies which have had a significant impact during the initial activity of the new institutions. These experiences and challenges are (i) The existence of an initial political will to approve it, but also the change of this will during the implementation of the reform; (ii) delays in setting up new institutions and selecting their staff; (iii) lack of infrastructure and human resources; (v) lack of planning and budget support; (vi) lack of magistrates because of the vetting process; (vii) lack of an inter-institutional interaction strategy; (viii) the existence of technical or administrative obstacles which prevent the institutions from fully exercising their powers; (ix) and others.
There are different factors, at the political or organizational level, which may have brought about these delays and having analyzed them in the study that was presented here by Ms Caka the conclusion that I get are (i) the conception of this reform not based on the method of “evaluative research” but according to the “problem solving” method; (ii) the existence of the political vision, values or will; (iii) the core competencies, core infrastructure, embedded knowledge, technical and financial resources; and (iv) learning processes and the strength of partners.
However, most of these obstacles have already been overcome and the new bodies are now functional. Justice reform has entered a very important phase of its implementation. The institutions of the justice reform are fully committed to creating a system that complies with European Union standards as well as to delivering concrete results of their work to the citizens of Albania. Now the challenge of our country as well as the success of the implementation of justice reform are no longer the conception and establishment of the new institutions of justice, but their full functioning based on the principle of good governance and the rule of law.
The new institutions of the justice system do not automatically function following the standards of good governance and the rule of law. The concept of the rule of law is a complex concept, and it makes the distinction between the formal existence of legal provisions and their implementation in practice. In this case, justice reform has built the capacity of the justice system, but achieving concrete results requires influence and changes in the judicial and political culture of a country.
The European Union is based on a set of joint values which include respect for human rights, democracy and the rule of law. These core values constitute a key asset for the EU and their preservation or provision is a shared responsibility for all the EU institutions as well as its member states.
The EU has played a key role in designing, financing and implementing the justice reform in Albania. The influence of the EU has served as an external stimulus to influence a process of change within our country. However, the internal change can only be made by the citizens of the country and by the institutions themselves.
The EU has played a key role in designing, financing and implementing the justice reform in Albania. The influence of the EU has served as an external stimulus to influence a process of change within our country. However, the internal change can only be made by the citizens of the country and by the institutions themselves.
The EU, as well as other international partners, have played an important role in improving the quality of the justice system from a formal point of view, but this process must be accompanied by continuous efforts by both our state institutions and the Albanian citizens, to implement these rules and consequently achieve quality in practising the justice system. This means that in this case not only is there a need for a “passive initiative” which can be materialized through a legislative process, but also for an “active and continuous political activism” in different directions, whose goal is the same: establishing the rule of law.
The EU can bring about change and also affect the quality of justice system reform indirectly. The EU influence can also bring changes and influence the way a reform process is implemented through the strategy of democratic conditionality (according to the Copenhagen political criteria), or conditionality concerning the acquis communautaire. This process must be both political and meritocratic.
On the other hand, the EU through its “transformative power” by spreading democratic values to citizens and supporting political elites who believe in the work for the values of the European Union can establish a fair balance between powers, liberal democracy, and the state of law.
The EU should provide technical assistance, as it has done since 2005, even though the Euralius Mission or other forms of technical assistance. The EU can assist in the implementation of justice reform through guidance, monitoring, institutional capacity building, or a range of other activities, which would enable its implementation in practice.
The implementation of justice reform in Albania continues. Justice reform is an obligation of the Albanian state to its citizens. This is not the time to reopen the discussion on the need for justice reform, as this fact is already proven on its necessity, but it is time to increase its efficiency as well as take measures for this reform to yield results which it was conceived for.
Thank you!