FLASH
Shkruar nga Pamfleti
The High Inspector of Justice has completed the thematic inspection "On the procedure of announcing and justifying judicial decisions of the Court of First Instance General Jurisdiction Tirana, (civil chamber) and the Administrative Court of First Instance Tirana", for the period September 1 to December 31, 2022.
The inspection showed that in the inspection period of September-December 2022, in the Administrative Court of First Instance of Tirana, 93.5% of the total announced decisions were justified and deposited in the secretariat within the legal deadline of 7 days. Other decisions were delivered within 10, 18 days and 1 decision was delivered within 107 days.
From the thematic inspection in the Court of First Instance General Jurisdiction Tirana, it results that the total number of cases in this Court for the year 2020 is 34 382 cases. The court has 39 judges out of 76 provided for in the decree. The average workload of a judge in the Court of First Instance General Jurisdiction Tirana is 1361 cases per year. In the verified period from September 1 to December 31, 2022, it turns out that in the Court of First Instance of the General Jurisdiction of Tirana, 1631 decisions were submitted within the 20-day deadline, while there are 981 decisions outside the deadline.
So it is established that despite the deadlines provided in the civil procedural law (Article 308 of the CPC), these deadlines in most cases have not been rigorously applied by the judges during the exercise of their activity.
However, the High Inspector of Justice considers that, taking into account the significant (unusual) vacancies of judges in the courts and the large number of pending cases, a more cautious approach should be taken. The workload that accompanies magistrates today, also due to the process of re-evaluation of judges and prosecutors, is an objective criterion, which is taken into account with the total number of civil cases and the time needed to justify the judicial decisions given.
In consideration of the above, the High Inspector of Justice assesses, that not in every case, non-compliance with the deadlines set by the procedural legislation and in particular, the deadlines provided for submitting within a reasonable time the reasoned decisions , will be considered as a possible disciplinary violation. For these violations to be considered as such, there must be a lack of care and efficiency, negligence or lack of professional ability, such that they cross the "boundary of reasonableness" and that such behavior cannot be justified by the magistrate. The delay in reasoning and delivery of decisions constitutes a disciplinary violation also when it constitutes a repetitive, serious and unjustified case, as well as when it did not result from any situation,
In this context, in order to reach the conclusion, if actions/inactions have been undertaken by the magistrates, which may constitute a disciplinary violation or the action/inaction is related to their professional activity, they must be analyzed case by case, through a verification process or the disciplinary investigation, all cases where the deadline for reasoning and delivery of the judicial decision exceeds the deadline, which is considered a "reasonable time", that the judge/court needs to deliver the final reasoned decision.
Në Gjykatën e Shkallës së Parë të Juridiksionit të Përgjithshëm Tiranë, rezulton se 89 % e vendimeve janë dorëzuar brenda afatit 120 ditor, duke u konsideruar kështu në shumicën e rasteve, si koha e arsyeshme, që i nevojitet gjyqtarit/gjykatës, të dorëzojë vendimin përfundimtar të arsyetuar. Pra, vetëm për Gjykatën e Shkallës së Parë të Juridiksionit të Përgjithshëm Tiranë dhe vetëm për periudhën e inspektimit, 1 shtator deri në 31 dhjetor 2022, Inspektori i Lartë i Drejtësisë vlerëson se për efekt të vlerësimit, nëse ka shkelje disiplinore, koha e arsyeshme që i nevojitet gjyqtarit/gjykatës të dorezoje vendimin përfundimtar të arsyetuar, është 120 ditë.
Bazuar në këtë arsyetim dhe analizë, në raportin e inspektimit rekomandohet:
The beginning of the verifications within the law with no. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", amended, to ascertain whether there are sufficient facts for the initiation of a disciplinary investigation:
- for the magistrate judge of the Administrative Court of the First Instance of Tirana for the announced decision, which has been filed with reasons in the secretary within 107 days of the announcement;
- for magistrate judges of the Court of First Instance of the General Jurisdiction of Tirana, for the decisions announced and submitted with reasons to the secretariat after 120 days from the announcement
- and for the magistrates of the Court of First Instance of the General Jurisdiction of Tirana, for the decisions announced and not submitted to the secretariat until 15.05.2023.
Lini një Përgjigje