The Reform of Justice in Albania

The justice reform in Albania has been one of the country’s major steps to tackle corruption in all levels, to strengthen the integrity of the public administration, to support the independence and/or functional autonomy of law enforcing and independent institutions, to promote a more effective and efficient institutional cooperation and coordination, to promote public trust in juridical system and to accelerate the process of integration in the European Union. This study, through a qualitative methodology, aims at analyzing the main steps conducted by Albanian governments in initiating and adapting the justice reform, the role of EU in this process, the current progress achieved till the EU accession negotiations as well as further recommendations in the road towards EU membership. In the case of Albania, the acceleration of reforms in the judicial system among other reforms was a strong reason that the European Commission opened the accession negotiations with Albania in 25 March 2020. Based on this fact, the study enriches the juridical research in Albania and beyond.

Beijing Law Review was sanctioned and materialized in Albanian legislation, in practice it was endangered by highly politicized ways by each appointing judges of the High Court and the Constitutional Court, as well as the wide discretion enjoyed by the High Council Justice and Attorney General in career management of judges and prosecutors. In this context, with the aim of addressing the identified problems, the necessary constitutional and legislative interventions have been carried out through judicial reform, and the good governance of the judiciary management bodies is aiming at the independence, accountability, efficiency and transparency of the judiciary.
At the core of the Justice Reform was the adoption by the Assembly of constitutional amendments on 21 July 2016, where out of 26 articles of the Albanian Constitution pertaining to the justice system, the Reform amended 21 of them and at least 23 new points are added in the Constitution. The complex reform package, composed of six laws, structurally modifies the Albanian Constitution, modifying as many as 45 articles (Murati, 2019). Furthermore, the three institutions set out in the Constitution were merged and the creation of at least 12 new institutions was envisaged, such as a new special prosecution office against corruption and organized crime, known under the acronym SPAK, a new specialized court against corruption, reorganized judicial and prosecutorial councils, National Bureau of Investigation, judicial appointments councils and a new office of the High Inspector of Justice.
The adoption of the constitutional amendments was followed by the adoption of the package of Organic Laws, which highlights the law on the temporary re-evaluation of judges and prosecutors of the Republic of Albania. This is called also the process of vetting which is evaluated as the centre of the juridical reform (Likmeta, 2019).
In 2019, the progress report of European Commission noted that the implementation of justice reform has continued consistently and resulted in good progress overall (European Commission, 2019). Also, the vetting process, as one of the most important mechanisms applied to the transitional democracies in order to evaluate the suitability of judges and prosecutors, part of justice reform has produced tangible results. In this context, until June 2020, institutions such as Independent Qualification Commission, the Public Commissioners and the Appeal Chamber are functional and working under the oversight of the International Monitoring Operation (IMO), deployed by the European Commission in cooperation with the United States of America (European Commission, 2020). Regarding the independent judicial structures, such as High Judicial Council, High Prosecutorial Council, Justice Appointment Council and High Justice Inspector, European Commission noted that they have been operating effectively throughout 2019 (European Commission, 2020). Also, progress is being made regarding the reconstitution of the Constitutional Court in appointing new members as a result of the vetting process. The establishment of the Special Anti-Corruption and Organized Crime Structure (SPAK) was finalised in 2019 and the Special Prosecution Office (SPO) within this structure is fully operative. Moreover, Na-  (European Commission, 2020). Moreover, according to the Commission Staff Working Document for Albania, the work of these institutions has resulted to 60% of the vetted magistrates' dismissal or resigned (European Commission, 2020). However, there are also critics regarding the implementation process of the juridical reform. These critics are related with the need for a faster pace, for better quality in the formatting of institutions. Based on the study report of the experts of the Albanian Helsinki Committee, in the period 2017-2018, the establishment and functioning of vetting institutions was accompanied by delays, which has affected the functioning of institutions such as the High Judicial Council, the High Prosecution Council, Judicial Appointments Council, High Inspector of Justice (Skëndaj, Caka, & Bogdani, 2018). Despite the fact that the removal of a large number of judges and prosecutors from office is evidence of the effectiveness of the vetting process, this has led to a stalemate in the justice system and delays in access to justice and the efficiency of trial for citizens. In this regard, Albanian government is conducting a more holistic and structural approach to ensure the sustainability and effectively of the vetting as an institutional measure. Despite the obstacles, the acceleration of reforms in the judicial system among other reforms was the reason that the European Commission opened the accession negotiations with Albania in 25 March 2020.
In this context, is important to analyze in details, through a qualitative methodology of literature review, the main steps conducted by Albanian governments in initiating and adapting the justice reform, the role of EU in this process, the current progress achieved till the accession negotiations as well as further recommendations in the road towards EU membership. This academic study enriches the juridical research in Albania, because of the importance of the juridical reform and especially the process of vetting in administrating the right, strengthening of the rule of law and trust of citizens in the judiciary system. Moreover, it presents the importance of the reform justice for Albania in getting the EU acquis, or the rights and obligations that are binding on all EU Members.
More than four and a half years have passed since the approval of the justice reform, on 21 July 2016 in Albania, under strong pressure both from the USA and the EU. Many opinions has derived for after the starting of implementation the reform of Justice in Albania form national and international sphere, aiming to point an analyse the progress of reform since the beginning of it. According to the Director for Western Balkans at the European Commission and Chair of the International Monitoring Operation, G. R. Calavera, Albania must be determined to continue the full implementation of justice reform for the benefit of its citizens (IBNA, 2020). Moreover, clear and concrete achievements in the implementation of justice reform represent critical factors for advancing the European aspirations of Albania and its citizens (IBNA, 2020).
Deriving from the international point of views on Albanian justice reform progress, we see that the Albanian state also has a positive attitude on how the prosecutors who do not feel themselves passing the process have actually resign, as well as judges and prosecutors who cannot pass the Vetting process, and that is exactly why Albanian citizens feel confidence in the Reform of Justice. Gjonaj also emphasized that the Government has undertaken all needed legislative and law-making initiatives, and their dedication in this process can be seen also in their financial support within the implementation of the Justice Reform.
The Ministry of Justice together with international partners will guarantee an independent, efficient and fair justice system (Marini, 2018). The government is in fact publicly committed to improving the quality of services Albanian citizens receive from the Ministry of Justice and its dependence organs. According to Mrs. Gjonaj, financial support for justice reform from Albania, in the 2020 budget has increased by 11% or 6 million ALL compared to last year, a budget that helps new justice institutions (Fortuzi, 2019). According to Mrs. Gjonaj, justice reform is the most important reform that Albania has undertaken in the last 30 years (Ministry of Justice, 2020a). In this regard, government expectations relate to an objective, impartial evaluation process and at a much better pace, eliminating some procrastination issues that may create misperceptions about the process, better prioritizing vetting entities and its protection from any kind of illegal influence on the decision-making process. Also, the expectations are oriented towards the new institutions of government of the justice system which must prove responsibility, proactive role and much better transparency in their decision-making (Ministry of Justice, 2020b

Albania's Main Constitutional Changes
As we stated above, Albania is undergoing a profound justice reform (Bogdani, 2017). In this context, Albanian parliament has undertaken the initiative to reform the whole justice sector. To achieve this aim, a special assembly appointed a special committee to work on three important topics, which has compiled a comprehensive report on the existent situation of the justice system; prepared a strategic document with the objectives of the reform; and has drafted the legislation changes necessary to achieve all the proposed objectives. This committee was established with a group of high-level experts, technical secretariat, and several external advisors, with the main focus: the process of reforming the justice system in Albania. These groups of experts have now been working for more than two years in the seven pillars of the reform. The main purpose was to limit ties with the world of crime and above all of a "personal" administration of public affairs, stem the enormous influence of political power over the judiciary, to restore the trust of citizens in institutions through the creation of a culture oriented towards values of probity, a sense of duty, respect for functions, institutions and justice and of course, to increase the level of professionalism of judges.
In this regard, the necessary constitutional and legislative interventions have been carried out through judicial reform, and the good governance of the judiciary management bodies is aiming at the independence, accountability, efficiency and transparency of the judiciary.
In this context, Albanian Parliament adopted Constitutional Amendments in 2016, to launch a deep and comprehensive justice system reform to tackle cor- The lack of independence and impartiality during the functioning of the judicial system, widespread corruption of judges and judicial administration, and the lack of accountability, transparency, professionalism, efficiency and the lack of public trust in the system were the main reasons behind the approval of the new constitutional reform on justice system in Albania. Through the changes in the ninth part of the Constitution, which refers precisely to the courts, the lawmaker aims to address the existing problems through increased access and effectiveness in the judicial system through the reorganization of courts in accordance with European standards.
The proclamation of the Constitution prescribes that, the Albanian people with faith in universal values, are determined to build a state of law, social and democratic, and also to guarantee the fundamental human rights and freedoms, along with its recent amendments in 2016 with specifically aiming the reform of justice and the fight against corruption. That is why, in line with EU requirements for combating corruption and organized crime and based on the constitutional proclamation, Albanian Parliament on July 2016 approved those constitutional amendments, and amongst other provisions addressing justice reform issues, also the Special Prosecution Office/SPO; this article, prescribes another unit the Special Investigation Unit/SIU that will be subordinate to SPO, both these two institutions will enjoy a special status since they are designed to be independent from the General Prosecution. and Organized Crime Structure/SPAK and that will include the Special Prosecution Office and the independent investigation unit. This institution will prosecute and investigate criminal offenses of corruption, organized crimes and criminal charges against high state officials. Albanian Assembly approved also a special law, which aims to establish SPAK (Special Prosecution against Corruption) to exercise the competencies effectively and independently from any outside or inside inappropriate influence. In addition, the law also provides establishment of the Independent Investigations Unit which will investigate and prosecute crimes of corruption and organized crime, as well as crimes committed by high state officials, independent from any outside or inside inappropriate influence.
Cooperation and coordination between central and local governments have been, over the years, problematic in Albania and guided by political affiliation and influence. But this coordination is necessary in order for the reform of justice to be fully implemented. This is one of the recommendations of the Congress of Local and Regional Authorities of the Council of Europe for Albania.
Improving this relationship is necessary to achieve constructive dialogue and institutional cooperation between the central agencies and local units. Intergovernmental relations will be improved through the establishment of institutional mechanisms of dialogue as well as adoption of relevant legislation. Communication between the central and local governments takes place in two forms: through direct consultation by sector ministries with different Local Units during the policy and strategic planning processes; and through the local government associations.
While there are no clear regulations formalizing the consultation process between local government associations and the central government, the central administration accepts that consultation with local government representatives is either very limited or lacking in the drafting of many important legislation or policy reform documents. Legal changes must take place in order to formalize by law, the process by which central authorities consult local authorities. This is also quite important in order to ensure consultation takes place in due time and in an appropriate way on matters that directly concern local government activity.

The Major Legislative Changes as Part of the Justice Reform
Reform in the justice system in Albania is conceived of over 7 base pillars. Specifically, these pillars are: The justice system under the Constitution and the Con-  Major changes has been done also envisions in the administration of the court system in Albania by attempting to reform it. The new constitution aims to create a new spirit of court functioning and administration, a spirit that aims to be reflected in the laws and other acts that will follow. Through these changes, the legislator intends to put an end to corruption, beyond the length of the trials and the lack of professionalism for judges, as well as to restore the people's trust in the justice system. Courts are seen as the main contributor to strengthening the rule of law and the fight against corruption and organized crime, while poor judicial performance is a factor that obstructs legal certainty and economic development of the country. On the other hand, it should be emphasized that public confidence in the efficiency, honesty and professionalism of the court has been very low. The goals of judicial reform should be based on sound principles that improve the quality of justice for citizens and should include the following aspects: improve the image of the judiciary; ensure an efficient system that does not compromise the quality of justice and access to justice; increase public confidence in the judicial system; improve the quality of access to justice, especially for vulnerable categories. has resulted in difficulties in its functioning. The court currently operates with a 9members, one of whose term has been terminated.

The Re-Evaluation of Judges and Prosecutors in Albania as Part of the Justice Reform
As an integral part of the constitutional changes, the package aimed at reforming the justice system and restoring the trust of citizens to the rule of law, the Albanian Parliament adopted Law No. 84/2016 "On the Provisional Reassessment of Judges and Prosecutors in the Republic of Albania" or as widely known in the public "The vetting process". Vetting, is the process that serves to exclude public officials who do not have integrity in fulfilling the duty and thus restore public confidence in the work of state institutions (Lexferanda, n/a). The vetting process as a rule is performed by checking someone's figure before being offered a job.
Depending on the job or project, the vetting process can be based on the control of skills, personality, property or any other factor related to the purpose of vetting. In Albania, the vetting process has been regarded as essential in implementing justice reform because an independent and impartial justice system affects the rule of law in the country. The purpose of this law is to establish special rules for the re-evaluation of all judges and prosecutors as a process that will serve to evaluate their professional preparation, moral integrity and property verification, as well as to discover possible links or influences from organized crime and corruption. More specifically, vetting is the transitional reassessment of all judges and prosecutors of Albania, to guarantee the functioning of the rule of law, the independence of the justice system, and the restoration of public confidence in the institutions of this system. Institutions envisaged to carry out the reevaluation process are Independent Qualification Commission (who makes the initial decision), the Special Appellate Panel (which makes the final decision in case of animation) and the Public Commissioners (who represent the public interest before the Special Panel). With the entry into force of the vetting process, prosecutors and senior judicial system officials were all subjected to a detailed examination of the credentials, c.d "The Vetting" process. According to the law of vetting, are subjects of re-evaluation that are subject to the vetting process, the following persons: All judges, including the judges of the Constitutional Court and the High Court; All prosecutors including the General Attorney; Chief Inspector as well as all other inspectors at the High Council of Justice; All legal advisers at the Constitutional Court and the High Court, legal assistants at the administrative courts and legal assistants at the General Prosecutor's Office; Former judges, former prosecutors, former legal advisors of the Constitutional Court and Supreme Court, who have worked in these positions for at least three years, if they submit a request to undergo a revaluation process.
This process and general control of work, of the professionalism, of the assets and of any links with the crime, are carried out by two other new institutions established by law n. 84/2016 (Lexferanda, n/a) of the reform package, the Independent Qualifications Commission and the Appeals Board, which means that this process will not be transferred to the existing judicial system, as judges are subject to evaluation. These institutions will also be monitored by an International Monitoring Operation, composed of judges and prosecutors selected from various EU member states (Merruko, 2017).
The commission is organized into 4 trial panels composed of 3 members, who are assigned by lot, while the Appellate Panel judges in judges composed of 5 judges (Shteti Web, 2016). Both are assisted by the International Monitoring Operation, a commission managed by the EU, with experts from the judicial system of member countries, with an experience of at least 15 years. The first real effects of the reform can be touched by investigating the work done by the two institutions mentioned above, consequently the research is limited to these two organs. The decision of the Independent Committee, which may be appealed to the Appeals Board, is based on the collection of evidence relating to three pillars; a) the patrimonial evaluation and uses it lawfully origin; b) control of the figure (personal and family); and finally c) the assessment of professional skills. The assessment of professional skills ensures that each subject will be subject to assessment criteria for specific skills, by profession. In the case of judges, they will be judged on their ability to judge, while in the case of prosecutors; they will be assessed on the basis of their ability to conduct investigations. Also, organizational skills, ethics and personal qualities will be assessed, based on the standards provided by law. Individuals assessed as "absent" are recommended to pursue a training program at the School of Magistrates, while assessments as inappropriate for a particular skill lead to their dismissal (Shteti Web, 2016). The role of the Albanian National Security Authority is responsible for conducting background assessments of judges and prosecutors (Council of Europe, 2016a). Almost in every dismissal decision, the lack of justification of wealth constitutes one of the fundamental motivations of the decision. In truth, they are made thorough checks that will concern not only the magistrates but also their rela-  (Baze, 2019). From these data it emerges that of all the subjects up to now subject to Vetting 60% (adding even those discharged) remained outside the system.

The patrimonial evaluation is the first component of the vetting law and the
The reform has great expectations both from Albanian citizens and from the international community that has invested heavily in it.
The Council, a call goes to all the newly appointed members to live up to their duty at best, which is to ensure that the judiciary can function independently, free from any undue influence or pressure from politics or from any other external force. It is also very important that all the authorities responsible to appoint members at the Constitutional Court will exercise their duties in a timely and professional manner.

The most recent developments show that the reform is delivering, and that
Albania is on a good path towards the establishment of a justice system free of incompetence, bias and corruption. The past year has seen the initiation of a process that will take time, and the vetting itself is only a small part of the judiciary reform and overall transformation Albania will continue to go towards in the future for the consolidation of the rule of law. This is what citizens of Albania deserve and want, and therefore the EU will continue accompanying the institutions of Albania in this historical endeavor. The vetting process is projected to last 9 years, i.e. until 2024.

EU Contribution to Albania's Reform of Justice
The justice reform is one of the fields in which, the EU has been giving most support to Albania. It was a reform mainly financed by the EU EURALIUS (Agricultural and Agrifood Cooperative) mission, with the assistance also of the OPDAT (Department of Justice) USA and the c.d. Venice Commission, which depends on the EU and whose task is to monitor constitutional reforms in Eastern European countries (European Commission, n/a, b). The process is eva- The objective of future IPA III assistance is to strengthen democratic institutions, support the public administration reform process and improve public service delivery for the preparation and implementation of national legislation in accordance with European standards and best practices. Another objective is to improve economic governance and support for the implementation of a comprehensive public financial management reform. Support for civil society aims at further deepening of democratic culture in the country through the creation of an appropriate environment and capacity building of various actors.
Expected results to be achieved with EU assistance and their contribution to judicial reform is to strengthen democratic institutions in accordance with the legal framework and guarantee for consensus building to support EU reforms.
To fully define the civil service and organizing public administration, coordination, and functioning, including the competencies and responsibilities of local government to increase capacity in providing services to citizens and businesses; functioning of a depoliticized and merit-based civil service with integrity systems and ethical standards. Also, improving the legal predictability and enforcement of laws and court decisions in the interests of businesses and citizens and functioning of tax and customs administrations in accordance with EU rules to guarantee an efficient system in the fight against corruption.

The Current Progress of Albania into Adapting the Juridical Reform
The implementation of the juridical reforms is still an ongoing process, strongly have been implemented, 13% for sub-activities in process, 51% for the sub-activities to be implemented in followed by responsible institutions. As above, it turns out that for the year 2018, 14 sub-activities were carried out more than 2017, while sub-activities in the process were reduced by 10 compared to the previous year.

Conclusion
All the reforms in Albania, as well as the cross-cutting strategies, specifically aimed to strengthen the integrity of the public administration; stability of the public administration and support the independence and/or functional autonomy of key institutions. Also the reform is aiming to strengthen and promote trust in interinstitutional cooperation; also increasing the accountability of public officials, while performing their duties. The reform aims to make a greater and relevant involvement of the civil society, private sector and academia in drafting, implementing and monitoring legal initiatives, strategies and programs against corruption and fundamental rights (Muçollari & Muharremaj, 2018).
The seven (7)  The second step was the adoption of the constitutional amendments followed by the adoption of the package of Organic Laws, which highlights the law on the temporary re-evaluation of judges and prosecutors of the Republic of Albania, called also "the vetting process". Its aim is to evaluate the integrity of public officials in fulfilling their duties. Part of the process is the collection of evidence of judges and prosecutors. The evidence will be evaluated in three main parts: the patrimonial evaluation (using the lawfully origin, figure control (personal and family) and finally the professional assessment skills. Until now, this process has resulted to 60% dismissal or resignations of vetted magistrates. However, this process must work with a faster pace and better quality in the formatting of institutions.
Throughout the process of EU integration, European Union has continually encouraged and supported Albania to start and intensify efforts to implement the reforms. The justice reform is one of the fields, in which most support has been given to Albania by the EU. The EU contribution to Albania's reform of justice has been technical, financial, etc. IPA I (2007-2013) Assistance (European Commission, 2014) focused on key institutional reforms and capacity building of various judicial actors, mainly through assistance to modernize the justice system. Moreover, IPA II (2014-2020) contribution to judicial reform is linked to decision-making processes follow performance monitoring based on the quality of statistical data collected and analyzed in accordance with EUROSTAT standards, as well as functioning enough capacity to manage the EU membership process, including policy development, and the preparation and implementation of appropriate legislation. And finally, strengthen the role of civil society in democratic processes and increase the independence of civil society from foreign donor funds.
The objective of future IPA III assistance is to strengthen democratic institu- tions, support the public administration reform process and improve public service delivery for the preparation and implementation of national legislation in accordance with European standards and best practices. Another objective is to improve economic governance and support for the implementation of a comprehensive public financial management reform. Support for civil society aims at further deepening of democratic culture in the country through the creation of an appropriate environment and capacity building of various actors.
Being determined to accelerate the process of EU membership with EU support in conducting reforms, the Albanian juridical system has some level of preparation based on the implementation of the justice reform. It has advanced the vetting process, has finalized the establishment of the independent juridical structures based on the constitutional reform; has established the Special Anti-Corruption and Organized Crime Structure (SPAK) and National Bureau of Investigation (NBI) and Court; has strengthened the track record of proactive investigations, prosecutions and final convictions in the fight against corruption, including at high level and the organized crime. As a result, European Commission opened the accession negotiations with Albania in 25 March 2020. This is not only a great opportunity but also a responsibility for the Albanian government in terms of timely and proper fulfillment of all requirements, in accordance with the expectations of the EU membership process. The juridical process implementation must be fair, objective and at a much better pace, eliminating some procrastination issues that may create misperceptions about the process. Also, the new institutions created in the framework of the justice system which must prove responsibility, proactive role and much better transparency in their decision-making.
Even though Albania is a country which has suffered a 30 year transition after the fall of the regime communism, it gives a message that even for countries which have a solid democracy always there is room for changes especially on reducing costs, be more productive and transparent and therefore be more effective for the citizens and to be for the citizens.

Conflicts of Interest
The author declares no conflicts of interest regarding the publication of this paper.