CONCLUSIONS OF THE NATIONAL JUDICIAL CONFERENCE

National Judicial Conference held its annual meeting on 4^th –5^th December 2003, with the main topic: Independence, impartiality and implementation of the Judicial Ethical Code.

The conference considering the discussions thereafter, reached the conclusions, as following:

1. Conference highly regards the speech of the President of Republic, His Excellency Alfred MOISIU, directed to the Conference regarding His remarks and suggestions on the improvement of work in the Courts and also His candid opinion in protection of the judicial system away from unjust attacks, these made on political basis of certain state sectors and politics. The latter attacks seriously ruin the principles and functioning of the rule of law.

2. Conference confirms its point toward the consolidation for independency and impartiality of judicial power not only in reality, but to be regarded also as such by the community. As far as this, the most accurate implementation of the procedural rules and those of judicial ethics easing the augmentation of judiciary’s reliability are needed.

3. Conference recommends the High Council of Justice to improving the selection process of the candidates taking into consideration their capabilities, integrity and achievements. HCJ asks for the rise of transparency of this process adjacent to the process of transferring and reassignment of judges, by way of their publication.

4. Conference recommends the High Council of Justice that through its Inspectorate to boost its position towards the examination of Courts to fairly confirm and evaluate the work of particular judges and their own as well, aiming the identification and individualization by avoiding the generalization of judicial system` s deficiencies. As a result, the outcome needs to be public and valuable not only to the courts which are being inspected, but also to the others, this in order to serve to the improving of work in general.

5. Conference values as important the Conference` s structures to return into a more efficient and solid organ, where besides others, the establishment of a separate budget in the State Budget is regarded as indispensable. Concerning the latter, the legislative improvements are needed, for the Conference to be better sustained in accomplishing its constitutional and statutory obligations.

6. Conference asks for mechanism finding so that a better demonstration of the interests for a judicial power budget in the Parliament is being made, through the betterment and eventual changes of the Law on State Budget, guaranteeing in this way that the proposals for budget are not being modified in advance by the legislative power.

7. Conference values as very important the establishment of Serious Crime Courts and for this reason asks the Ministry of Justice to undertake urgent measures in conformity with the law, by supporting with the needed premises for functioning of these courts and also for suitable work conditions. On the other hand it urges the High Council of Justice the acceleration of procedures and carefulness in selection of judges to work in these courts.

8. Conference sees as an urgent need the attainment of the judicial administration status and its estimation with parameters not less favorable in comparison with the one of civil servant. The Conference also values as essential element for a normal functioning of the courts, that the judicial body is directing the judicial administration. Therefore, the Conference asks the Ministry of Justice to outline a draft law on the status and consideration of judicial administration.

Durres, on 05.12.2003

NATIONAL JUDICIAL CONFERENCE