Justice Reform, SP and SMI Different Proposals
Albanian Daily News
Published January 13, 2016

Parliament made public the final version of the experts for the justice reform. The difference between this draft and the one given by the experts of the Ministry of Justice is very clear.The Ministry of Justice suggested that the entire elite of the system should be elected by its members. They have another formula for electing the leaders of justice institutions, which leaves competences to politics too.

Starting from the Constitutional Court, highest level experts agree that it should have nine members, three appointed by the President, three by the Parliament, through propositions of the council of appointing, and one from the judges of the court itself. The Constitutional Court, the highest grade of the country, is relieved of the right to make constitutional amends.

Experts say that the judicial power is exerted by the Supreme Court and the Supreme Administrative Court. The latter is another amend from the draft of the Ministry of Justice, which does see the Administrative Court as a court of its own. The right to appoint judges of the Supreme and Administrative Court was left to the President, based on propositions made by the Supreme Council of Justice. But the President has the right to refuse a candidacy only once. If the Supreme Council of Justice rejects its decree, the candidacy for these courts is considered appointed. Different from the propositions of the Ministry of Justice, which say that these courts should be composed only of judges, the experts have allowed 1/5th of the members to be appointed by judges.





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