High Inspector of Justice, Mr. Artur Metani participated in the International Scientific Conference “Current Challenges of the Judicial System in Albania and Democratization Processes”, organized by the Mediterranean University of Albania.
In his speech “There is no judicial independence without democracy and no democracy without judicial independence”, the High Inspector of Justice said that the opening of accession negotiations is a historic challenge for us and we are aware of the need that our model of the rule of law should be comparable to the member states of the European Union in order to achieve this goal. Therefore, we view the justice reform as a top priority, not just as a political obligation to the European Union, but mostly as a social value, fundamental for the development of Albania.
“Therefore, – said Mr. Metani, the establishment of an independent judiciary is the main challenge of the new bodies of the justice system, as it is a prerequisite for the rule of law and essential for the functioning of democracy and respect for human rights.
One of the main challenges of the justice system’s new bodies has been, and it still remains, the establishment of an independent judicial system. The aim is to reform the system in such a way that the sustainable mechanisms to combat the abusive elements of law and authority in the system can be functional, and also to guarantee the further strengthening of the independence and constitutional freedom of the judiciary, because the independence of judges and courts is fundamental for the well-functioning or not of a democratic state. Independence is a prerequisite for the rule of law.”
Distinguishing between “de jure independence”, as the formal existence of legal provisions and “de facto independence“, which is related to their implementation, Mr. Metani said that the functioning in practice depends, among other things, on the judicial culture of a country, its belief in the legitimacy of the judicial system and real commitment to this standard.
The independence of the judiciary cannot be guaranteed if there is no will on the part of a society or political system to create a spirit of stability and democracy. The independence of the judiciary definitely requires a non-authoritarian context and mentality. The conclusion that “There is no judicial independence without democracy and no democracy without judicial independence” may be disappointing at first glance, but this conclusion clearly argues that democracy and the rule of law are inextricably linked.” – said the High Inspector of Justice.
“For this” – Mr. Metani continued, we must build credibility, and in order to build credibility, it must be ensured a culture of accountability in the justice system. In a democracy, justice is given in the name of citizens. Public trust is essential to the rule of law, and this legitimacy requires the commitment of magistrates to maintain that trust. In this context, it is worth noting that the independence of the judiciary should not be seen as a privilege and shield of magistrates, but as a citizens’ right.”– said the High Inspector of Justice in his speech.
You can watch the full interview of High Inspector of Justice on the official Youtube Channel or by clicking on the link: https://www.youtube.com/watch?v=6KgwScH6J5c.