FLASH
Shkruar nga Pamfleti
The Constitutional Court has legitimized the new judicial map. This court dismissed the lawsuit filed by the Bar Association, which opposed the new map.
The Supreme Judicial Council decided to merge all the Courts of Appeal in the country and the Court of General Jurisdiction of Appeal was established with headquarters in Tirana. For lawyers, this is illegal, as a citizen must travel from the cities where he lives to Tirana for a judicial process. But KLGJ argues the map that this is done to put an end to delays.
" The Court, in view of the content of Articles 42 and 17 of the Constitution, assessed that taking into consideration the balance of consequences, this right was not proven to have been violated at such a level that the negative consequences are more serious than the right to efficiency, effectiveness and quality in the provision of justice services. So this intervention does not violate the principle of proportionality. In the Court's assessment, when comparing these consequences, it is particularly important to emphasize that individuals have the opportunity to exercise the constitutional right of access to court, despite the negative consequences that come to them through the judicial reorganization, which essentially do not make the exercise of this right impossible ," the decision of the Constitutional Court states.
For the community of lawyers who last year protested and boycotted the trials at the country level, the merger of the appeal courts leaving only Tirana and the elimination of the administrative courts in two, one in the capital and one in Lushnja, has violated the constitutional principles and the interest of the citizens .
The same thing is observed in the lawsuit for the reduction of 22 courts of first instance to 13 such. But this process, which starts in October, finds the citizen not only away from the courts, but also in front of the stock. With an increasing "back log", at the top of the list are the courts of first instance, whose stock has gone up to 40 thousand 866. After them, with an unresolved problem, the "back log" continues with the high court with 31 thousand file.
With a hypothetical forecast by the HCJ if 19 judges were in office, and if they were to evade 864 cases each, the current stock would end in 2026. But this remains a dream hard to believe.
The crisis in the appeal court of general jurisdiction, which is one in all of Albania, has increased the stock to 28,000 cases, while in the administrative appeal, 21,116 cases await trial.
With an average of 5 years waiting, in the Court of Administrative Appeals, even those citizens who have filed pension lawsuits and labor relations lawsuits have their eyes on justice. Despite the reasons why this court was opened, to give decisions within 90 days, all deadlines have been violated for the citizens. This court suffers from a shortage of judges and at the same time faces an influx of lawsuits for speeding up trials for health reasons.
In Albania, compared to European standards, trials are being conducted with an insufficient number of judges, with inherited and other newly opened problems, such as the judicial map, which, although it has started to be implemented, lacks the facilities for 5 courts.
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