Albania | Special report on monitoring the activity of the Justice Appointments Council

The People’s Advocate Institution of Albania has published a special report on "Monitoring the Activity of the Justice Appointments Council” during the year 2019.

The Justice Appointments Council (JAC) has a key role in the framework of the establishment of new institutions of justice reform and during the last two years it has been a subject of disagreements between various institutions engaged in the implementation of this reform.

The People's Advocate has followed with special attention and dedication the implementation of the Justice Reform in general and the activity of the Justice Appointments Council in particular. This is because the role of the People's Advocate, in this case is two-fold: not only as a constitutional body envisaged for the protection and guaranteeing human rights and freedoms but also as an institution to which the Constitution of the Republic of Albania and the Justice Reform legislation has conferred a special role and powers in this process.

The published report highlights problems identified by the People’s Advocate Institution in its role as an observer of JAC meetings during 2019. Among these issues are those observed during the lot-drawing procedures for the creation of Justice Appointments Council, meetings and official announcements for meetings, participation in meetings, procedures followed by the JAC to verify the fulfillment of formal eligibility requirements and evaluate the candidates, transparency of the JAC body, compliance with deadlines, etc.

The People’s Advocate Institution referred to this report also to the Venice Commission opinions which provide valuable guidelines for this purpose, given that the JAC as a public body must operate subject to the check and balance system.

The report also includes several recommendations addressing the most critical problems.

Source: The People’s Advocate Institution of Albania

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