Justice Reform in Albania with Particular Focus on the Establishment of New Institutions
Keywords:
Constitution; Justice Reform; institutions; parliamentary commissionAbstract
This paper aims to focus to a very historic period of Albanian legislation that is the new Justice
Reform. The Republic of Albania has several years on reforming all the justice system by changing the
structures and scope of most important justice institutions. These fundamental changes began with the
Constitutional amendments in 2016, by establishing a totally new system, and adding a number of new
institutions such as Judicial Councils, High Judicial Council (HJC), High Prosecutorial Council (HPC),
Justice Appointments Council (JAC), High Justice Inspectorate (HJI), Court against corruption and
organized crime, Special Prosecutor’s Office against corruption and organized crime, Special Investigation
Unit/National Bureau of Investigation and Re-evaluation Institutions. The method used for this paper is by
analyzing the current legal provisions and describes the new structures and competences of each institution,
by giving a presentation of the new Justice System in Albania.
References
Law no. 8417 (21.10.1998). Constitution of the Republic of Albania, as amended.
Law no. 76/2016. On some addenda and amendments to Law No. 8417, dated on 21.10.1998., The Constitution of the Republic
of Albania”.
Law No. 84/2016. On the transitional revaluation of judges and prosecutors in the Republic of Albania.
Law No. 95/2016. On the organisation and functioning of institutions in the fight against corruption and organised crime.
Law No 96/2016. On the status of judges and prosecutors in the Republic of Albania.
Law No. 97/2016. On the organisation and functioning of the Prosecution in the Republic of Albania.
Law no. 98/2016.On the organisation of the judicial power in the Republic of Albania.
Law No. 99/2016. On some addenda and amendments to Law No. 8577, dated on 10.02.2000 .On the organisation and
functioning of the Constitutional Court of the Republic of Albania.
Law no. 115/2016. On the governing bodies of the justice system.
Parliament’s Decision No. 96/2014. On the establishment of the ad hoc parliamentary commission on the justice system reform.
Online sources
Full Parliamentary Commission for Reform in the Justice System, Group of High Level Experts.
(June 2015). Analysis of the Justice System in Albania, Parliament’s Decision No. 96/2014. http://www. nchb.al/wpcontent/
uploads/2015/06/Analiza-e-Sistemit-t%C3%AB Drejt%C3%ABsis%C3%AB.pdf.
(21.10.1998). Explanatory Note on draftlaw. On some addenda and amendments to Law No. 8417. The Constitution of the
Republic of Albania. https://www.parlament.al/Files/ProjektLigje/relacion-shtesa-dhe-ndryshime-ne-ligjin-nr.-84172c-date-
10.1998-kushtetura-e-r.sh-te-ndryshuar.pdf.
(January 15, 2016). Venice Commission Final Draft Opinion for Project Discussed Constitutional Amendments for the
Judiciary of Albania https://euralius.eu/old/images/pdf/Opinioni-perfundmtar-per-projekt-ndryshimet-e-rishikuarakushtetuese-
per-gjyqesorin-ne-Shqiperi.pdf.
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Copyright (c) 2021 Gloria Çarkaxhiu
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