Trial Within a Reasonable Time and the Impact of Justice Reform in Albania

IF 0.4 Q3 LAW
Jonad Bara, B. Bara
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引用次数: 0

Abstract

Abstract Since becoming a potential candidate country for the EU accession in 2000 and in particular after being granted candidate status in June 2014, Albania has taken many positive steps to meet the necessary standards for its EU integration, through among other things, strengthening democracy and the rule of law and the harmonization of its national legislation with the acquis communautaire. In 2016, as part of the pre-conditions for the opening of the accession negotiations for the country, the Albanian Parliament passed a major justice reform which brought about many constitutional and legislative changes, as well as changes to the organization and functioning of justice institutions in Albania. A key component of the reform was the transitional re-evaluation of judges and prosecutors (also known as the vetting process). While the reform itself was supported and praised by the EU and international institutions, the vetting process has affected the functioning of the Albanian judiciary at all levels. The paralysis of the justice system due to the low number of judges who successfully passed the vetting process, as well as the resignation of many others, has significantly increased the backlog and the number of pending cases before the courts. Thus, the aim of the paper is to analyze the influence of the justice reform on individual’s right to a fair trial within a reasonable time in Albania and state’s obligations to guarantee this right as provided by the Constitution of Albania and the European Convention on Human Rights.
合理时间内审判与阿尔巴尼亚司法改革的影响
自2000年成为欧盟潜在候选国以来,特别是在2014年6月被授予候选国地位之后,阿尔巴尼亚采取了许多积极措施,通过加强民主和法治以及与共同体的国家立法协调等措施,满足其欧盟一体化的必要标准。2016年,作为开启该国加入欧盟谈判的先决条件之一,阿尔巴尼亚议会通过了一项重大司法改革,带来了许多宪法和立法改革,并改变了阿尔巴尼亚司法机构的组织和运作。改革的一个关键组成部分是对法官和检察官的过渡性重新评价(也称为审查程序)。虽然改革本身得到欧盟和国际机构的支持和赞扬,但审查过程影响了阿尔巴尼亚各级司法机构的运作。由于成功通过审查程序的法官人数不多,以及许多其他法官辞职,司法系统陷入瘫痪,这大大增加了积压案件和法院未决案件的数量。因此,本文的目的是分析阿尔巴尼亚司法改革对个人在合理时间内获得公平审判的权利的影响,以及阿尔巴尼亚宪法和欧洲人权公约规定的国家保障这一权利的义务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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CiteScore
0.80
自引率
0.00%
发文量
13
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