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Draft law on the status of magistrates and prosecutors/ Association of Judges: Usurpation of the power of the Supreme Court of Justice

2026-01-13 11:15:00, Aktualitet CNA

Draft law on the status of magistrates and prosecutors/ Association of Judges:

The National Association of Judges of Albania has reacted to the draft law, "On some additions and amendments to Law No. 96/2016 "On the status of judges and prosecutors in the Republic of Albania"", which was sent by the Assembly for consultation.

The reaction emphasizes that any normative change must be careful, not to conflict with the separation and balance of powers or the independence of the judiciary.

It is also further stated that Article 12 of this draft law attempts to usurp the power that the Constitution has given to the High Judicial Council to appoint court presidents.

Full reaction:

The National Association of Judges of the Republic of Albania has been acquainted with the draft law “On some additions and amendments to law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania””, as part of a package of amendments to the laws of justice reform, sent by the Parliament, for consultation. In principle, the Association has always expressed its readiness to cooperate with the Parliament and any other institution in improving the legal framework that regulates the status of magistrates as well as the organization and activity of the justice bodies and their governance. However, this Association emphasizes that any normative change must be careful, not to conflict with the fundamental principles of state-building, such as the separation and balance of powers and the independence of the judiciary, and must aim at perfecting the basic laws of reform in the justice system and not to undo the successes achieved so far in this regard.

The Association notes that the draft law “On some additions and amendments to Law No. 96/2016 “On the status of judges and prosecutors in the Republic of Albania””, presented by the Parliament, among other things, introduces a norm that is considered very problematic from a constitutional point of view. Specifically, it concerns Article 12 of this draft law, which aims to add Article 170/3 to Law No. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”. Through this norm, the acting presidents of the courts of first instance and of appeal of general and administrative jurisdiction are confirmed as appointed presidents until December 31, 2028, thus avoiding the competition for these leading positions in the judicial branch.

The National Association of Judges of the Republic of Albania emphasizes that such a provision, firstly, tends to usurp the power that the Constitution has given to the High Judicial Council in the appointment of court presidents. Article 147/a, point 1, letter “a”, of the Constitution, provides that the High Judicial Council appoints, evaluates, promotes and transfers judges of all levels. Appointment to the position of court president is considered a promotion under Law No. 96/2016 and can only be granted by the High Judicial Council. Secondly, strangely, this provision extends only to courts of general jurisdiction and administrative courts and does not include special courts. Thirdly, the draft law does not take into account the fact that the Supreme Court of Justice has already adopted the relevant normative act regarding the procedure for the election of the presidents of the courts of first instance and of appeal, an act which entered into force on 1 January 2026 and is expected to bring its effects very soon, with the opening of the competition for the positions of presidents in these courts, as well as the fact that for a period of almost six years the courts of first instance and of appeal have been headed by deputy presidents, who have exercised the functions of the acting president. This not only makes the appointment of the presidents of the courts by the Assembly unnecessary, but also brings about a violation of the constitutional principles of the separation of powers and the independence of the judiciary.

The Association draws attention to the fact that similar attempts to adopt such norms of an ad personam nature have also failed after being confronted with constitutional judgment. We mention here the decision no. 34, dated 10.04.2017, of the Constitutional Court, which repealed, among other things, article 161, point 3, of law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, a provision which aimed to terminate the mandate of the President of the Supreme Court as well as the presidents of other courts. In these circumstances, the Association calls on the Assembly of the Republic of Albania not to attempt to violate the standards of the rule of law, damaging the achievements achieved through the establishment of new bodies of governance of the judicial power, a power which is at the end of the reform process, and to take into account the guiding jurisprudence of the Constitutional Court. On the other hand, it is at any moment open to cooperate and offer its contribution to improving the lawmaking process. /CNA