Speech of the High Inspector of Justice Mr. Artur Metani at the international scientific conference “Current Challenges of the Judicial System in Albania and Democratization Processes”
The full speech of the High Inspector of Justice, held at the Conference.
There is no judicial independence without democracy and no democracy without judicial independence!
Honorable Prof. Angjeli,
Distinguished academics, professors and students,
Dear colleagues and participants,
Thank you for the invitation and for the chance to express my views concerning an issue of interest to the development of the country. Participating in this activity is a double pleasure:
Firstly, I believe that its development as well as the discussion at the academic level regarding the current challenges of the democratic processes and the judicial system in Albania, constitutes in itself an important process.
Providing a qualified professional opinion, based on the theoretical and practical experience of law scholars, is a crucial contribution to the process thorough analysis of the current situation. At the same time, this process of commitment and the development of the qualified legal opinion also serves as a mechanism for identifying problems and needs for improvement.
The contribution of the academic world represents at this moment an important stage for persisting with the reform interventions that have been undertaken so far in the justice system. Not only does it create a comprehensive spirit through the engagement of all actors in society, such as, among others, the academic world, but it also provokes a useful debate, which positively helps the development of the judiciary in Albania.
Secondly, today’s activity is a good opportunity to discuss an issue of fundamental importance for the model of the rule of law, for an independent and professional justice system, and the influence or interconnection that this process has with the democratic development of the society.
What I would like to discuss today aims at mentioning in advance some theses to be thought-provoking, which in my view are both conceptual and systemic on several issues related to the independence of the judiciary, analyzed about democracy, the judiciary, or the rule of law itself.
At the same time, I would like to express some personal considerations or feelings, which result not only from my insights and experience in the field of law, but also in the capacity as the leader of one of the newest institutions established in the framework of the justice system reform in Albania.
Albania is a country aspiring to join the European Union and we are currently in the phase of discussing the opening of accession negotiations with it. It 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 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.
One of the main challenges of the justice system new bodies has been, and it 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 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.
However, I believe that democracy or the concept of the rule of law is dynamic and complex. Especially in countries with developing democracies, such as our country, it is required much more than de jure independence, i.e. not merely the formal existence of constitutional and legal provisions. De facto independence is what requires time and a lot of effort. The functioning of these two concepts in practice depends on several factors, such as:
First: The way the independence of the judiciary is guaranteed depends on the judicial culture of a country which reflects its particular historical experiences about political or social circumstances. The independence of the judiciary can be accompanied by structural, institutional, and legal changes, yet it can only succeed when the society of a country has faith in the legitimacy of the judiciary and shows a real commitment to this standard
Second: 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 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 the world experience and our history have clearly shown that democracy and the rule of law are inextricably linked.
Third The process of ensuring the independence of the judiciary is a dynamic and constantly evolving process. Guaranteeing this independence requires an ongoing need to respond to the challenges of identifying new security mechanisms for this standard. If the efforts for a constitutional and legal infrastructure, physical as well, for a new judicial architecture has taken several years, the effort to create a democratic mentality of an impartial judge, strict respect for law and human rights, requires much more time and much more energy.
Fourth: The establishment of an independent judiciary requires an ongoing effort by the state and its citizens to implement the law as well as the concepts of law. Democracy and the rule of law are concepts that are educated and nurtured in the family, in its genesis, in the society as well as the academic environment. Only a democratically sound society can produce democratically sound justice.
Fifth: The independence of the judiciary is not an absolute concept. The independence and trust that society gives to magistrates is such that there must be several ways to hold them accountable, including their removal from duties in case of violations that justify this action. It must be acknowledged that increasing the competence and independence of magistrates must be accompanied by an effective accountability system. This is because independence is not a privilege, but a responsibility.
In this case, there must be an ongoing process of balancing independence and accountability. These processes must be characterized by action and counter-reaction at the same time. The more powers the judiciary has, the higher the demands for accountability must be.
At the same time, the level of public trust and confidence in the judicial bodies is a very important element of the justice system. Public trust or public perception serves as an important indicator of the balance that must exist between the independence and accountability of the judiciary. In cases when the public confidence is low, it shows that the independence of magistrates has prevailed over the accountability system, while in cases when public confidence is high, then this is a clear indication of the existence of a fair balance between independence and accountability.
A culture of accountability in the justice system must be ensured to build credibility. 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.
Albania has shown that it is in constant reform to establish stability and democratic guarantees. Implementing justice reform is an ongoing process. I believe that the justice reform has increased the capacities of the justice system and is giving concrete results and these achieved results show change. However, the establishment of an independent judiciary which complies with democratic standards and the rule of law requires time and energy from all judges and prosecutors, new institutions of justice, as well as the politics and society itself.
Thank you and I wish you success!
You can watch the full interview on the official Youtube Channel of High Inspector of Justice.