Thisprojectisfundedbythe

EuropeanUnion
Publication of the Assembly of Albania,
with technical support of EURALIUS V- “Consolidation of the Justice System in Albania”
Tirana, 2020

This document was produced with the financial support of the European Union.
Its contents are the sole responsibility of The Assembly of Albania and do not neccessarily
reflect the views of the European Union.
CONTENTS

KEY INSTITUTIONS
HIGH JUDICIAL COUNCIL 8
HIGH PROSECUTORIAL COUNCIL 8
SPECIAL ANTI-CORRUPTION STRUCTURES 9

JUSTICE APPOINTMENTS COUNCIL 10

SCHOOL OF MAGISTRATES 10
VETTING 11

STATUS OF IMPLEMENTATION 12

INTERACTION BETWEEN INSTITUTIONS 15

 ON ITS
CONSTITUTION OF THE
REPUBLIC OF ALBANIA ADOPTED

ALBANIA
POTENTIAL CANDIDATE COUNTRY

STABILISATION AND ASSOCIATION AGREEMENT

NEGOTIATIONS STARTED

APPLICATION FOR
EUROPEAN UNION MEMBERSHIP
 COMPREHENSIVE JUSTICE HIGH JUDICIAL COUNCIL
REFORM LAUNCHED HIGH PROSECUTORIAL COUNCIL
ESTABLISHED

SPAK COURTS AND

SPECIAL PROSECUTION OFFICE
ESTABLISHED

HIGH JUSTICE INSPECTO

MEMBERS OF VETTING ESTABLISHED
INSTITUTIONS APPOINTED
ADDITIONAL REFORM LAWS
ADOPTED

2019 2020

CANDIDATE STATUS WITH PERSPECTIVE OF

OPENING ACCESSION NEGOTIATIONS
GRANTED
more than 30 highly qualified local and interna�onal expertst

over 100 technical experts specialized in specific fields

interna�onal experts, including experts from EURALIUS (EU funded project),

OPDAT (US Office of Overseas Prosecutorial Development Assistance and
Training), Jus�ce without delay (USAID- funded project), OSCE, and the
Venice Commission (Council of Europe).

MEP Mr. Knut Fleckenstein

 Identification of national
and international best
practices to guide the reform

Press Release of the European External Action Service

 Strategic Planning
Administra�on and Budget
Commi�ee

appointment,
transfers promo�on
& evalua�on of
judges/prosecutors
 (established in December 2019)

(to be established in 2020)

(established in December 2019)

Security conditions have to be met prior to appointment and promotion of judges,

prosecutors, National Bureau of Investigation investigators and administrative staff
of anti - corruption structures

Monitoring officers will conduct the periodic monitoring of telecommunications of judges,

prosecutors, investigators and their close family members of the anti- corruption structures

The Councils screen the assets and background of candidate magistrates and magistrates
prior to their promotion
Recruitment, ini�al and con�nous training of candidate magistrates, state advocates,
legal assistants, legal advisors and chancellors in courts and prosecu�on officest

Publica�on and scien�fic research

Structure

Assessment Components

Results 61
52

38
39
23
6

Final Decision No Final Decision Final Decision No Final Decision Final Decision No Final Decision
91 84 44
Dismissed Confirmed Terminated

Note: Status as of January 2020

More updated data may be accessed at www.kpk.al or www.kpa.al
Delaying moments in
implementation of the
Justice Reform

The High Judicial Council is established and operational.

36
Calls for appointments to High Court opened

The High Prosecutorial Council is established and operational.

Procedure on verifica�on assessment, scoring, and ranking of candidates for Prosecutor General finalised

The Justice Appointments Council is established and operational.

5 regulatory acts adopted
Procedure on verifica�on of Cons�tu�onal Court judge and High Jus�ce Inspector candidates completed
Procedure on assessment, scoring and ranking of Cons�tu�onal Court judge and High Jus�ce Inspector
candidates completed
Note: Status as of February 2020
More updated data may be accessed at www.kpk.al or www.kpa.al
 SPAK Courts judges
assigned

Special Prosecu�on Office

estblished

Candidates verified by Ranking Lists with five candidates Inspectors of Office of High Jus�ce Inspector
Jus�ce Appointments Council sent to the Assembly recruited

Candidates assessed, scored, and ranked High Jus�ce Inspector appointed Office of High Jus�ce Inspector
by Jus�ce Appointments Council becomes opera�onal
 INTERACTION BETWEEN INSTITUTIONS FOR ESTABLISHMENT OF
JUSTICE SYSTEM GOVERNING INSTITUTIONS

nominates 3 CC judges by 3/5 majority

nominates 3 CC judges out or if no majority automa�cally the
of first 3 ranked by JAC candidate first ranked by JAC
PRESIDENT PARLIAMENT
selects by lot

JUSTICE APPOINTMENTS COUNCIL

9 members *

preselects and ranks candidates

CONSTITUTIONAL COURT
9 members **

elects HJI by 3/5 majority or

launches call for applica�on, if no majority automa�cally
preselects and ranks candidates the candidate first ranked by JAC
HIGH JUSTICE INSPECTOR **
elects 3 members of CC out
of first 3 ranked by JAC
GENERAL ASSEMBLY OF JUDGES GENERAL ASSEMBLY OF PROSECUTORS
gathered ad hoc by HC Chair gathered ad hoc by General Prosecutor

elects 5 Lay Members

elects 6 magistrate members elects 6 magistrate members

Take decision on the number elects 5

of trainee magistrates lay members

HIGH JUDICIAL COUNCIL per year HIGH PROSECUTORIAL COUNCIL

11 members ** 11 members **
15
 launches call launches call
oversees administra�on, appoints proposes candidate GP appoints GP by 3/5
for applica�on for applica�on
appoints, transfers, out of proposal
promotes, of HPC
evaluates & disciplines
judges, chancellors, HIGH COURT
legal advisors GENERAL PROSECUTOR
19 members **
appoints, transfers,
administra�on oversight promotes, evaluates
policy guidance and disciplines
prosecutors
SPAK COURTS COURTS
PROSECUTION OFFICES SPECIAL PROSECUTION OFFICE

SCHOOL OF MAGISTRATES

Legend

President JAC Justice Appointment Council

Parliament CC Constitutional Court
Governance Institutions HJI High Justice Inspector
Courts HC High Court
Prosecution HPC High Prosecutorial Council

* JAC could operate while vetting of its members is ongoing SPAK Courts Special Anti- Corruption Courts

** Need to be vetted before operation

16
This project is funded by the
European Union