REPUBLIC OF ALBANIA

SUPREME COURT

 

The speech given by Chief Justice Thimjo KONDI during the reception of 

                               Reformer's Award from ABA-CEELI                                                                     (Beograd, July 15,2003 )

 

Honorable Justice O`Conor,

Honorable leaders of the A.B.A. - CEELI,

Ladies and Gentlemen,

Dear Friends,

I would like to express my wholehearted appreciation and my deepest gratefulness for the great honor of being presented the Reformer’s Award.

This award is the highest appraisal given to me thus far, and therefore I consider it one of the most notable events of my life, and these moments give me great emotion.

I have done nothing else, but tried to give my modest contribution for the advancement of the reforms in the legal and judicial systems of Albania. I am aware that I have simply fulfilled my duty as a citizen of the Republic of Albania, putting together my work, energy and dedication along with those of hundreds of other judges and lawyers of the country, especially those of my colleagues in the Supreme Court.

This is the reason that I do not consider this award as mere personal success, but an appraisal of Albania’s achievements towards democracy, the rule of law, and the protection of basic human rights and freedoms.

At the same time, this award provides significant support and encouragement for a bigger effort, with clearer visions, and deeper devotion towards the cause of going forward and without stopping on the way of reforms.

This high appraisal creates also a higher responsibility to overcome the challenges that we have in front of us.

The process for the change and the reformation of the system started in the early nineties, when the largely distressed Albanian people put away the past by overthrowing the communist dictatorship - one of the harshest in Europe -and entered the process of building a democracy, a market economy and an open society, that focuses on the individual and his basic freedoms and rights.

Reforms in the legal and judicial system are an indivisible part of the root-deep and progressive changes of our political, economical and social system. They seek the approval of the new legislation, the creation and consolidation of the new democratic institutions, and also open the way to a substantial change in the mentality and way of life of the people.

Along with an improved economical and social situation, a more stabilized public order, and better functioning of other state institutions, the judiciary itself has generated great effort to meet the standards of independence, impartiality, fairness, accountability, moral and professional integrity. It tries hard to increase the public’s trust and confidence in justice.

In spite of all the difficulties and problems that we have come across, the changes in this decade are visible, touchable and significant.

A major achievement was the successful accomplishment of the constitutional reform finalized by the approval of the new Constitution, after a relatively long, difficult, and delicate process. During, an especially after the approval of the Constitution, there have been visible achievements in the legal and institutional framework.

The National Judicial Conference has concluded that the present Albanian judiciary branch stands upon a solid legal, institutional and organizational basis. It possesses all the preconditions and the necessary mechanisms that enable its future operation according to Western countries’ standards and parameters.

Our Constitution guarantees the separation of power, balance, and mutual control among the three powers: the Legislative, Executive, and Judicial.

It provides that the Judicial branch is independent. The judges are independent as well. They abide only by the Constitution and laws.

The independency is principal, functional, institutional, structural, and financial.

Based upon the Constitution and the organic laws our country has consolidated a judicial system with three levels, with the existing possibility that specialized courts for a special category of cases can be created within this unified system, along with separate sections within the existing courts. Actually, we have created the legal framework and are in the process of the creation of a specialized court for organized crime. Organized crime is actually considered a serious danger for the economical and social development of the country, and the efficient fight against it should be a priority.

The Constitution guarantees the right of appeal to all the legal cases tried in the first level. Law provides also a possibility of a second appeal in the Supreme Court.

The Supreme Court, which I have the honor and the responsibility to chair since June 1999, generally has a review jurisdiction. The Supreme Court was given the exclusivity of uniform interpretation of the laws and to pass at Joined Panels also referred to as unified decisions for the case law.

There is a tendency towards the establishment of the legal precedent system, with an increasing role towards its consolidation as primary source of law.

Leaving the above evaluations and conclusions to the doctrine, it is important that the unifying decisions of the Supreme Court have an increase in quantity and quality, give clear explanation and orientation, and they are creating an increasingly positive impact towards the improvement and strengthening of the whole judicial system through their publication and distribution.

In general, with the legal and constitutional adjustments and their implementation we have achieved a judicial system with a satisfactory level of integration, institutionalization, self-management, self-control, and self-discipline.

The removal of court budget from the Ministry of Justice control to a separate and independent body: the Judicial Budget Management Office, supervised and directed by a board composed of judges elected at all levels of the court system, is considered an important step towards strengthening the independence of the judiciary.

A significant achievement towards the increase of the professional level of the judges is the creation and function of the Magistrates School for a few years now, with a post-university program, which has the responsibility to give the upcoming judges and prosecutors initial preparation, and also continuing training to the judges already on duty. The School is an independent institution directed and controlled by a board, most of its members coming from the judiciary itself.

The School’s achievements so far towards the preparation of a new generation of judges and prosecutors are evident and promising.

According to our legal system, the responsibility to support the Judicial branch towards a good organization and operation, and towards being more effective, is shared between the High Council of Justice and the Ministry of Justice.

Along with the achievements towards the professional boost of the judges, appropriate adjustments have been made which fulfill state of the art standards for recruitment, promotion, career, discipline, and protection of the judges in a satisfactory manner.

A positive indication for the Albanian judiciary system is that in the last few years it has managed to organize itself in a joint union of all the judges of the Republic, supported also by the Constitution, such as the National Judicial Conference. The primary function of the National Judicial Conference is the election of two thirds (2/3) of the members of the High Council of Justice; the promotion of the judicial independence; the development of the reputation, ethical standards, efficiency, the knowledge and the conditions for the well functioning of the judiciary; the increase of the lawyers’ conscientiousness and knowledge, as well as the public awareness concerning the role of the judges in the society, for the achievement of the objectives and goals of justice, etc.

I mentioned above some achievements of our Justice system, which are very significant, compared to the situation of just a few years ago. These achievements should be attributed to the Albanian legislator’s and executive’s branch political will to support the judiciary. The judiciary’s own strives for improvement and progress are also to be appraised. Keeping in mind the sour heritage of the dictatorial system, along with the big obstacles and difficulties of the transitional period, let me point out that these visible achievements in a relatively short period would be impossible to be fulfilled without the support, encouragement and qualified assistance of a variety of prestigious international institutions and organizations, from the U.S.A. and the European Union.

In this context of contribution for development and progress, the A.B.A. - CEELI stands in a very respectable position.

Ladies and Gentlemen,

The Albanian judges and lawyers’ community, Albanian authorities, and even just the people of Albania, know, value and express their gratitude for this important, significant, and visible contribution, continuously provided by the ABA – CEELI towards the reformation of the legal and justice system in Albania.

The beginning of the assistance for our country has coincided with the very establishment of this initiative. I personally am one of the first collaborators of the ABA-CEELI since it started the assistance to Albania in the early nineties. ABA-CEELI initiated its program in Albania in 1991 and placed its first Rule of Law Liaison in Tirana in 1992.

At that time distinguished cofounders Talbot D’Alamberte and Homer Meyer, along with professor Dick Howard Mark Ellis and others visited our country. Developments on the advancement of the Albanian judiciary, especially the institutionalization of the National Judicial Conference and the improvement of the standards regarding judicial ethic, have been contributed on with dedication by, Judge MIKVA, Justice UTTER, Judge MAGNUSON, Judge SWEET, and dozens of other honorable judges and distinct lawyers.

A considerable number of experienced judges and lawyers along with a number of young and talented lawyers have come and assisted our country in various periods of time through the programs of the ABA-CEELI, some of them coming as volunteers.

We have maintained close relationships of fruitful collaboration with them. Apart from work relationships, many of them have developed close personal and familiar friendships with Albanian co-workers.

It is impossible to account for the ABA-CEELIs contribute in just these few minutes, but I would like to particularly mention some of the major projects on which ABA-CEELI has worked.

Such are: substantial assistance in support of the drafting of a new constitution; promotion of judicial independence and increase in the professional level of the judiciary, by supporting the creation and consolidation of the Albanian Magistrates School, the improvement of the teaching program, and support on the training programs; facilitating the establishment of the National Judicial Conference; substantial support of the legal profession reform and legal education; increasing public awareness through the annual National Day of Justice; providing technical assistance to the Tirana Law School, etc. etc.

A very important contribute of ABA-CEELI is the Judicial Reform Index for Albania of December 2001, with assessments for the operation of the judiciary, judicial qualification and preparation, financial resources, structural safeguards, accountability and transparency, efficiency etc.

Ladies and Gentlemen,

I would also like to point out the fact that, with all the undisputable progress of these last years, the Albanian judiciary and the whole legal system still have a long way to go and many challenges to overcome. For this reason, international assistance, and particularly that of ABA-CEELI are all the same very necessary and welcomed.

With all the present achievements, Albania and the other new democracies in the South-Eastern European region continue to be threatened by corruption, economic crime, illegal trafficking, organized crime, and terrorism. State agencies that detect and investigate crime, the judicial police, the prosecutor’s office and defense lawyers as well, along with the judicial system need to be prepared to treat the issues above with efficiency and professionalism.

In general, the justice system today needs a more qualified evaluation regarding the fulfillment, adaptability, and effectiveness of its existing legal framework.

The Judiciary presently needs a scientific evaluation of its structural, functional, workload, and efficiency situation.

Matters of special importance are the modernization and automatization of court management and case management, the distribution of information to the public regarding judicial activity and decisions passed.

Along with the fulfillment and the further perfection of the judiciary’s legal and institutional framework according to contemporary parameters, priority should be given to the consolidation of the system, value fostering, affirmation and implementation of healthy ethical principles, and the development of a legal culture.

The National Judicial Conference in particular, as a new institution, needs to create a complete and clear profile, based on the Constitution, laws and its statute. It needs to become more active and effective.

The High Council of Justice and the National Judicial Conference are two constitutional institutions that have been created and supported by two different traditions and practices of the Western countries. Both experiences are useful and productive for their respective countries. Our future challenge resides on making these two institutions as effective, coordinated, compatible, and complementary to each other, as possible. An important aspect of this challenge is the establishment of institutional relationships and the coordination of the activities of the Inspectorate of the H.C.J. with those of the Ethics Commission of the National Judicial Conference.

The problems that the Albanian Judiciary is presently facing are numerous and delicate. Their appropriate treatment and settlement creates a guarantee towards movement on the right path, conforming to standards achieved in western democracies.

In conclusion of my acceptance speech I would like to express the belief that my country, just like it knew how to become a factor of peace, stability, and regional understanding and cooperation, just as it placed itself with dignity alongside the coalition for war against terrorism led by the U.S., will succeed in the creation of a democratic society, a developed free market economy, a state based upon the rule of law.

This due to the Albanian peoples’ perseverance, persistence, determination, spirit of reformation, and clear visions for the future, and the support, encouragement, and assistance by the international factor: the United States and the countries of the European Union, to which we are always grateful.

Thank you.

 

CHIEF JUSTICE

THIMJO KONDI