114,000 files awaiting judgment, KLJJ with a strategy to reduce the backlog. Wisner: You have to take more difficult steps

The national strategy to combat the phenomenon that has turned into the main problem of justice delivery in the country, the backlog of files waiting for trial, was presented this Monday by the Supreme Court of Justice. About 114,000 cases are pending for trial and this requires urgent and strong action. Ardian Dvorani, who was also announced by the USA as a prominent figure in the fight against corruption, presented the main points of the strategy to the heads of the KLJJ, representatives of the Government and international organizations in Tirana. Dvorani mentioned important legal changes in the Criminal Procedure Code, the Civil Procedure Code, the law on administrative matters and the law on the organization of the judiciary.

"In our opinion, each of these legislative initiatives will have a positive impact on reducing the backlog of issues if they are all approved together, in coordination with one another," said Dvorani. 

One of the most important changes is the increase in the range of cases that can be tried at the appellate level with a single judge, criminal, civil and administrative cases. In cases of criminal trials, it is proposed to expand when the court can examine with one-judge panels for criminal offenses punishable by a fine and up to 2 years in prison. These categories of cases make up 15% of the files. Dvorani also said that another measure is expected to be the expansion of administrative cases that cannot be appealed to the Appeal. Administrative contracts, labor relations and civil service for certain values ??may be included.

"The trial in the second instance of some cases, civil, administrative and criminal, with a monocratic structure, i.e. with a single judge. Civil cases, to expand the number of cases where the Court of General Jurisdiction operates with a single judge. Changes are also intended in the law on the administrative court, and in this trial it is proposed to try cases in the second instance with a judge. In the cases of criminal trials, it is proposed to expand when the court can judge with one-judge panels are those that foresee fines and prison sentences of up to 2 years, as well as the cases provided for in Article 420 of the Code. Inventory of cases that are registered to have detailed data and the court to make a decision. It is concluded which issues and group of issues can be judged quickly and prioritized

Time is showing that jurists are not interested in following the path of the Magistrate, it would take several decades if we follow this procedure. There is no shortage of interest in this type of task. Let's change the way of their recruitment, let it be done by the court itself with a public competition. Then a special, intensive and continuous training. Even the financial treatment should be adequate. Currently it has worsened.

Another very important change is the change in procedures and powers for execution orders, which account for 30-35% of cases that are tried at first instance. On the other hand, legal changes are required to improve the decision-making powers of the governing bodies of the courts, in order to achieve effectiveness. This will be realized through changes in the law on the organization of the judiciary. Almost doubling of legal assistants is required by judges as another measure to reduce the files, recruitment which will no longer be done on the condition that they have finished the magistracy.

"To increase the number of legal assistants, up to 2 per judge, salary increase and revision of the procedures for obtaining them. The system should have legal assistants up to twice the total number of judges. Time is showing that jurists are not interested in following the path of the Magistrate, it would take several decades if we follow this procedure. There is no shortage of interest in this type of task. Let's change the way of their recruitment, let it be done by the court itself with a public competition. Then a special, intensive and continuous training. Even the financial treatment should be adequate. Currently it has worsened. Financial means and infrastructure are required from the government. Each of the 4 courts with a backlog of cases. The infrastructure must respond to the current need. Think that if these initiatives are approved, the situation for infrastructure will be more difficult. The design and construction of courts and prosecutor's offices with standards should be well thought out, continued judge Dvorani. 
The introduction of technology as well as the urgent need for premises is another requirement of the justice system

"In the short-term and medium-term plan, the government and the local government must think about the premises urgently. It could also be a possibility to find premises for rent"

Even the president of the KLGJ Llagami asked for the support and commitment of everyone, political and justice actors, like when the justice reform was approved.

"Backlog is not just a problem of ours, of the HCJ or of those courts, but a national problem of access to justice. That requires the same spirit of cooperation as the day when all actors of our society approved the reform in justice"
The support for the strategy and its implementation was also guaranteed by the international partners.  

"The United States will support these efforts. Continue like this, work to find a solution", said David Wisner, the charge d'affaires at the US embassy in Tirana.  
"Let us guarantee that this situation will not be repeated", appealed Giulia Re, representative of the Council of Europe.
On the other hand, the majority guaranteed unreserved support, being very clear about its task.

"We will continue to work together so that justice functions independently and efficiently. I know and am aware of what this strategy requires from the government. I know and I am clear that the good administration of justice means new buildings and modern infrastructure in the courts and prosecutor's office, sufficient human resources for judges who administer justice, digitization and use of technology. And all this is not done without money, which of course the government has. But they are programmed when there is a clear strategy and vision of where we are and where we want to go", said Manja. 

For the preparation of the strategy for reducing the files in the courts, the 4 courts with the largest load, out of 20, were considered