The High Inspector of Justice participated in the work meeting organized by the National Council for European Integration (NCEI) on the achievements and challenges for fulfilling the recommendations of the European Commission Report for 2023, the Report on Analytical Review for Chapter 1 “The Fundamentals”, as well as the commitments undertaken within the Roadmap for the Rule of Law.
In his speech Mr. Metani highlighted, among other things, the findings of the Progress report of the European Commission for 2023 for the High Inspector of Justice, which says that the HIJ is a functional institution in terms of disciplinary investigations against magistrates, despite its lack of staff and the accumulated workload (backlog) inherited by previous institutions and that the increase of human capacities remains an important necessity for the institution. The High Inspector of Justice restated, as before, the idea of institutional coordination and contribution of the assembly for the transparency and consensus on integration issues.
“…I personally think that parliamentary supervision of the European Integration, as well as inter-institutional coordination, is one of the most important and essential roles that the Parliament of Albania should play at this stage of process where Albania is, in relation to its European integration. Albania’s membership in the European Union is an issue that belongs to the entire Albanian society and above all it is a national priority. In this context, the Assembly must guarantee the most comprehensive cooperation, as well as having the duty to provide an effective contribution in terms of transparency and consensus on issues of EU integration.”
Full speech of High Inspector of Justice Mr. Artur Metani, at the meeting of National Council of European Integration.
Dear Ms. Tabaku,
Dear members of parliament, heads of institutions,
Thank you for the invitation to participate in this meeting of the National Council of European Integration.
I highly appreciate today’s NCEI meeting, as I personally think that parliamentary supervision of the European Integration, as well as inter-institutional coordination, is one of the most important and essential roles that the Parliament of Albania should play at this stage of process where Albania is, in relation to its European integration. Albania’s membership in the European Union is an issue that belongs to the entire Albanian society and above all it is a national priority. In this context, the Assembly must guarantee the most comprehensive cooperation, as well as having the duty to provide an effective contribution in terms of transparency and consensus on issues of EU integration.
At the same time, I also appreciate the role of NCEI as one of the highest national advisory structures within the framework of monitoring the progress of the integration process, as well as in fulfilling the EU membership criteria, and I encourage the continuation of this process by NCEI with the highest possible proactivity.
Within the framework of monitoring the criteria established during the negotiation process and specifically on the development of today’s meeting in terms of: (i) Achievements and challenges for fulfilling the recommendations of the European Commission Report for 2023; (ii) Analytical review report for Chapter 1 “The Fundamentals”; (iii) as well as the Commitments undertaken within the ” The Roadmap for the Rule of Law”, I emphasize in advance that:
Firstly: The findings of the Progress report of the European Commission for 2023 for the High Inspector of Justice have concluded that: “The Office of the High Inspector of Justice continues to be functional, initiating and developing disciplinary investigations against magistrates. The HIJ office continues to face the lack of staff as well as the accumulated workload (backlog), regardless of the increase in staff, premises or budget. The recruitment of inspectors, as well as the increase of the capacities of the HIJ Office, remains an indispensable necessity”.
Complying with these findings, the High Inspector of Justice has taken the following measures:
- Presenting the request for the approval of legal changes, emphasizing the need for this approval even during the hearings of the presentation of the High Inspector of Justice activity report at the Commission for Legal Affairs Public Administration and Human Rights, during 2021- 2022.
- Proposing changes in the organizational structure and reviewing the distribution of human resources and personnel of the Office of the High Inspector of Justice;
- Presenting requests to the High Judicial Council and the High Prosecutorial Council for the appointment of magistrates.
Filling of vacancies for inspectors on the HIJ Office continues to remain a challenge for the HIJ and consequently a factor influencing the efficiency of the investigative and inspection activity of the HIJ institution. The experience so far has shown that the vacancies for inspectors result from the low number of magistrates in the system who can meet the legal criteria to become an inspector, the increasing vacancies in the judiciary, the lack of interest in continuous announcements for appointing magistrate inspectors from the HJC.
In order to address this issue, legal amendments were drafted and submitted to the Assembly 4 years ago. These legal changes are seen as an opportunity to fill the Office vacancies, and the need to approve these legal changes is a necessity for consolidating the HIJ activity as well as creating a long-term accountability system.
Being unable to approve the legal changes, we have taken other measures with a view to increasing the capacities of other administrative units so that they can carry out administrative actions to increase the efficiency of investigative and inspection activities.
In this case, it is worth noting that the Assembly so far, has played an important role in creating justice system new bodies and this proactive approach should continue. The activity of the Assembly should not focus only on the parliamentary supervisory process, but also on the coordinating one. The dynamics of developments of these last 8 years require the undertaking of measures which are under the competence of other institutions, but which dictate the efficiency and smooth running of the work of the High Inspector of Justice institution. Furthermore, the Assembly should give special importance and should focus on the legislative process, addressing the demands of all justice bodies in general, and the HIJ in particular, within the framework of the legal proposals sent to it.
Secondly: The analytical review process of the Group chapter “The Fundamentals” points out the assessment made by the Commission for the results achieved so far in terms of accountability, recognizing important merits in terms of the legal framework, but also of the guarantees for impartiality, independence, professionalism and protection from direct or indirect influence by the legislative or executive power.
In addition to the positive and encouraging assessments regarding the activity of the High Inspector of Justice Office, there are also findings which are repeated throughout the progress report. Both of these documents have reached the conclusion that the HIJ needs human resources for the position of magistrate inspectors. Filling the vacancies of the inspection unit with magistrates is not only a necessity for the HIJ, but also for the justice system itself, in order to establish a responsible, impartial, independent justice system with standards based on the rule of law.
Thirdly: Regarding the achievements and challenges for the fulfillment of the recommendations as well as the measures taken within the Roadmap for the Rule of Law, it is preliminarily estimated that in terms of the measures established in the road map for the High Inspector of Justice, it results as follows:
- The systematic history of accountability and integrity at all levels of the judiciary, it is noted that the need for legal changes regarding the composition as well as the years of professional experience required for the position of inspectors at the HIJ, are to be gradually completed until 2026;
- The High Inspector of Justice, is to carry out thematic inspections on the legal obligation of judges to properly inform the litigant parties about the possibility of using mediation;
- The implementation of recommendations of thematic inspections.
Regarding the established measure to “Create the systematic history of accountability and integrity at all levels of the judiciary, it is noted the need for legal changes for the composition as well as the years of professional experience required for the position of inspectors at the HIJ, are to be gradually completed until 2026”, stipulated in the Roadmap for the Rule of Law, they are the same as the measures taken to fill the vacancies explained in the information regarding the progress report mentioned above.
As for the measure of the Roadmap for the Rule of Law, which is related to the performance of thematic inspections by the HIJ for the legal obligation of judges to properly inform the litigant parties about the possibility of using mediation, we have started the thematic inspection with object: “Documenting by judges, the process of informing the litigant parties about the possibility of resolving their case through mediation during 01.06.2023 – 31.12.2023”. The High Inspector of Justice will periodically evaluate through thematic inspections, the increase in the litigant parties’ awareness of the mediation institute. This inspection is currently ongoing.
Regarding the measure of the Roadmap “The implementation of the recommendations of completed inspections”, the High Inspector of Justice with decision no. 6, dated 24.02.2023 “On the approval of inspection plans for 2023”, as amended, has approved the plan of inspections to be carried out throughout 2023. While within the framework of the monitoring during 2023, the inspection subjects have fulfilled the recommendations and forwarded the information within the framework of the implementation of the recommendations from the High Inspector of Justice.
Thank you!
