Even the Supreme Court refuses to participate in the Anticorruption Commission

2024-10-03 15:16:11Aktualitet SHKRUAR NGA REDAKSIA VOX
Supreme Court

The Supreme Court becomes the fourth institution that refuses to be part of the anti-corruption commission of Prime Minister Edi Rama's government.

In the letter addressed to Fatmir Xhafajt, signed by the president of the Supreme Court, Sokol Sadushi, it is argued that it is not considered a suitable solution in fulfilling the mission of the Special Commission, but that they are ready to give their opinion.

Earlier, ILD, SPAK and the Constitutional Court refused to participate in this commission.

The response of the Supreme Court:

"Keeping in mind this function of the Supreme Court in relation to other powers, we estimate that your request for the direct participation of the judges of this Court as members of a technical subgroup, depending on the High Level Expert Group of the Commission of Specially, which must perform the assigned tasks according to the decision-making of the Commission, does not fit with the function and mission of the judge.

Of course, the Supreme Court welcomes the opportunity to give opinions on draft laws directly related to its function. We are pleased to note that the practice of recent years has shown that the proposals for some changes in civil, criminal and administrative procedural laws, in order to increase the efficiency of the trial and prevent the creation of new stock, approved by the Assembly with the contribution of the judges and the legal advisers of the Supreme Court (independently and without being part of the commissions or subcommittees set up for this purpose at the Assembly), has had a positive impact on the speed and quality of appeals adjudication.

Thirdly, bearing in mind the above, as well as evaluating the initiative of the Assembly in the European integration process of Albania, aware that the rule of law is an issue that requires the assistance of all public institutions, including the Supreme Court, we ready to offer our contribution to this process. The modalities of this commitment must be such as to agree with the independence and impartiality of the judicial power, as the foundation of the rule of law. The provision of opinions and suggestions regarding the findings that the Special Parliamentary Committee will reach regarding the need for institutional and legal intervention in the justice system is considered as such.

This contribution can be effective, making available to the Supreme Court the analysis prepared by the experts at the Special Commission, as well as concrete proposals for legal intervention.

Only after this stage, a consolidated material with suggestions and proposals, which may be of interest to the Commission, can be prepared by the group of judges and legal advisers at the Supreme Court, with the aim of turning them into legal acts.

However, in order to be part of this important process that affects the strengthening of the rule of law and helps to produce a product of the highest quality on the part of the Special Commission, the Supreme Court, responsible for the mission assigned to it, has set up a working group composed of judges and legal advisers, who will prepare relevant material on the problems of the activity of this institution and the justice system in general, accompanied by concrete proposals regarding the legal and institutional measures to be undertaken.

On the other hand, to be as informed as possible about the activity of the Special Parliamentary Committee in order to receive and forward as quickly as possible information on the issues related to the proper functioning of the justice system in general and the Supreme Court in particular , three employees from the senior technical staff of this institution, specifically Mrs. Arta Vorpsi, Director of the President's Cabinet, Mr. Miran Kopani and Mrs. Bjorka Duka, legal advisors can participate as an observer at the Special Commission.

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