Speech
of President of the Republic Alfred Moisiu during the
oath ceremony of Justice Shpresa Becaj in the Supreme Court
Honorable Chief Justice,
Honorable Members of the Supreme Court,
I am delighted to be here today and to participate for the very first time in a
meeting with You in the oath ceremony of Justice Shpresa
Becaj. This meeting is of great importance on the
functioning of your Court, which I have always valued for its professionalism,
quality and independence. It is my belief that you will follow the same path in
the future.
I avail myself to
address to you some of my ideas and therefore to expect from you a greater
contribution for the betterment of the judiciary in general. You have all
attended media coverage during last days about the conclusions of the European
Union, among others, with regard to the situation of judiciary in
The verification of
court decisions made by the highest courts regarding the law implementation and
their fairness is the best and most efficient way to preventing and deterring
unjust decisions that run against the principles of justice. It is only under
the auspices of the highest courts to revise the merits of the case and assess
the justice being given. In this framework, the role of the Supreme Court bears
an extreme importance and is irreplaceable. As I have previously highlighted
the Supreme Court endows a remarkable growth in its activity, this also noticed
by the inside and outside factors, which assess the performance of judiciary.
However, I would ask and suggest to You an
intensification of your work as well as enhancement of the role of this Court
to influence in the improvement of judiciary in general.
This can be achieved in various ways:
First,
by intensifying the unification of judicial practices as regards the debated
legal matters, not only in the sense of quantity but also in the sense of
quality which bears a great importance.
You may give your contribution by improving and increasing the arguments`
efficiency of the unifying decisions as well as by giving a broad
interpretation of the law and international treaties, which are the grounds for
decision taking.
Second, by consolidating your decisions
in Joint Panels and by avoiding cons opinions; or different opinions for the
same case, as this will not only bring problems for a certain case, but it will
also lead to confusion in judicial practice applied by lower courts. Although I
do not have any particular observation, yet I stress that you should pay
attention with this regard.
Third, I believe it is time to
establish a bridge between the Supreme Court and the High Council of Justice.
No one better than you, knows where courts or judges make mistakes. Although I
cannot find any constitutional or legal obligation for the Supreme Court to
exercise that power at the same time I do not see any obstacle to prevent an
institutional communication between them. Time after time you observe stances
against the law or a flagrant breach of it.
I am of the opinion that in such cases
the Supreme Court may inform the High Council of Justice in order to assist it
in its inspecting activity.
Appraising once more the activity of
your Court, I would require an improvement of your work, so as to have an
impact on the fulfillment of the obligations that
On this occasion let me wish you all
good luck and success in your noble work!
Thank you!