Re-Evaluation Process, Due Legal Process and Integrity of the Justice System (Albanian Case) (Published)
Albania has entered into the process of the justice system reform, for the dismissal of judges and prosecutors, unsuitable for the function they are exercising. According to the Constitution, re-evaluation for all judges and prosecutors will be carried out on the basis of the principles of due process and respecting the fundamental rights of the re-evaluation subjects. This process will be carried out by two transitional re-evaluation bodies, established by the Constitution, which will give decisions and will examine the appeal against the disciplinary measures that can be appealed as well to the ECtHR by the assessees. This article aims to provide an analysis of the situation of the justice system in Albania and to present the constitutional and legal framework for the re-evaluation process of judges and prosecutors. Subsequently, the paper attempts to summarize the standards required by the ECtHR for cases of dismissal against the assessees. Finally, the paper concludes that, in order for the Albanian state not to be punished in the future, the newly established institutions for the re-evaluation of the justice system subjects should be familiar with the standards of the ECtHR for a due legal process. Furthermore, they should approach their duty in such a way as to avoid possible convention violations during this disciplinary process.
Keywords: Dismissal, Judge, Prosecutor, Reform, Vetting., appeal.