Schütz, who has served as the former German ambassador to Albania, writes that it is the joint responsibility of the government and the opposition to enable the extension of the mandate.

“Judicial reform is a decisive element for clearing the path of Albania to EU accession,” she said.

“The vetting of judges and prosecutors is key in this process and should be completed as soon as possible.”

“It is the joint responsibility of government and opposition to enable the extension of the mandate.”
/sm/

The EC stresses that Albania’s judicial system is also moderately prepared. In particular, it reached an important milestone at the end of 2020, with the appointment of three new judges to the Constitutional Court. With seven judges in office, the Constitutional Court regained its necessary quorum of minimum six members to hold plenary sessions, thus being fully operational and meeting the related outstanding condition for the first IGC, which continues to be fulfilled. The Constitutional Court has started to fully exercise its functions, including by adjudicating on constitutional disputes between state institutions about respective competences. Progress also continued on High Court appointments. The High Court regained its quorum in March 2020. With the promotion by the High Judicial Council of six new judges in March and July 2021 its has reached nine sitting judges, which make it fully operational – a condition for the first IGC, which continues to be fulfilled. Further appointments to the High Court are expected. The Parliament adopted amendments to ten laws aiming to further strengthen the efficiency of the judicial system and its capacity to tackle corruption and organised crime.

The Constitutional Court has started to fully exercise its functions, including adjudication of constitutional disputes between state institutions about respective competences.

The EC assesses that the High Court regained its quorum in March 2020. With the promotion by the High Judicial Council of six new judges in March and July 2021 it has reached nine sitting judges, which make it fully operational – a condition for the first IGC, which continues to be fulfilled. Further appointments to the High Court are expected. The Parliament adopted amendments to ten laws aiming to further strengthen the efficiency of the judicial system and its capacity to tackle corruption and organised crime.

“Under the aegis of the European Commission, the International Monitoring Operation has continued to oversee the process. As of 15 September 2021 the vetting institutions had completed 437 cases at first instance, including all priority files. Of the 437 decisions, 298 are final (i.e. after appeal). Overall, 62 % of the vetting files processed so far have resulted in dismissals and terminations largely due to resignations by the assessesees. The vetting institutions are expected to continue to refer to the prosecution services all cases where there are indications of criminal offences.

The progress report commends the work and progress of SPAK.

The Specialised Structure for Anti-Corruption and Organised Crime (SPAK), comprising the Special Prosecution Office (SPO) and the National Bureau of Investigation (NBI), are operational – a condition for the first IGC, which continues to be fulfilled. While the 2021 budget foresees the appointment of 20 prosecutors, the SPO has reached the first target of 15 prosecutors, including the Chief Special Prosecutor. The first round of recruitment for NBI investigators resulted in the appointment of 28 investigators, who, after an intense training programme, are now operational. A second round to recruit an additional 32 investigators was opened in April 2021 and is expected to be concluded before the end of the year.

Albania has some level of preparation in the fight against corruption. It made some progress in strengthening the fight against corruption – a condition for the first IGC, which continues to be fulfilled. Overall, the implementation of the Inter-sectoral Strategy against Corruption is on track. Although the vetting of the members of the judiciary is an administrative process, it is yielding results in the fight against corruption as judges and prosecutors dismissed, as a result of vetting, are brought to justice. Albania has made further efforts to create a solid track record in the fight against corruption, although it remains an objective that requires political will and further structured and consistent actions.

Convictions in cases involving high-level officials still remain limited, fostering a culture of impunity within the higher levels of the State. The specialised structures against anti-corruption (SPAK and the anti-corruption and organised crime courts) should significantly strengthen the country’s overall capacity to investigate and prosecute corruption. Overall, corruption is prevalent in many areas of public and business life and remains an issue of serious concern.

/e.vokopola/