The Justice Reform And Some Implications On The Constitutional Court

By, Magistrate Engert Pëllumbi

Abstract

The Justice Reform consists in one of the main steps necessary for the consolidation of the independence and accountability of the judicial branch of power. It has also been asked for a long time as the only tool for the return of the trust of people in the judiciary, in particular, and in the whole state organs in general. Finally, it’s the most important homework towards the European integration. It has always been emphasized that, without a professional and independent justice system, Albania cannot stand shoulder to shoulder with other western developed democracies. The Constitutional Court is one of the most important institutions in a democratic state governed by the rule of law. It’s the guardian of the Constitution and has the mission of making its final interpretation through adjudication of constitutional disputes. In this regard, its role is very crucial in safeguarding the human rights and fundamental freedoms. As such, preserving its impartiality and independence is one of the most important goals for the implementation of the rule of law. From the beginning of the democratic regime in Albania, the Constitutional Court has shown itself as one of the strongest defenders of the democratic institutions, the human rights and fundamental freedoms, separation of powers and the rule of law. Even though, it has always suffered political attacks and accusations of bias in its activity. Having a professional and independent justice system is the half way in the consolidation of the rule of law and the realization of the greatest dream of this century for Albania, the European integration. Without a strong Constitutional Court the democratic process and the implementation of all necessary reforms is in danger. So, the reassessment of the focal procedural and substantial points on the organization and functioning of the Constitutional Court was made important in order to have a successful and effective justice reform. The past experience and the best models that can be found throughout the most consolidated democracies have given a significant backup in this area.

How to cite: Pëllumbi, E. (2020). The Justice Reform and some implications on the Constitutional Court. Jus & Justicia, 14(2), 39–56.

https://doi.org/10.58944/tylq3514