New draftlaws and the justice reform
“Procrastination of property return and compansation process will end in a 10 years period”. This was the bold statement of Minister Naço during the bill presentation “For property treatment and finalizing the property compensation process” on July 2015. The government pretends that during the 22 months of governance the Property Return and Compensation Agency, under the auspices of the Ministry of Justice and the State General Advocacy, through the assistance and support of European Council and World Bank experts, has developed the basics of this important reform.
One of the novelties expected from this reform is the Financial Compensation Fund, which will be about 20 times bigger then the previous one. At this rate, Minister Naço said that the law will predict a 10-year term to finish the liquidation of all compensation decisions.
However, not everything seems this favorable according to the oppsition, which has created a special work group to scrutinize this bill. Deputy Jorida Tabaku expresses with critical tones on the bill, which her party would send at the Constitutional Court. During an interview for ABC News she expresses one of the critical points: Property classification before and after 1976, the Prime Minister’s claims for the owners to return something to the state, doesn’t allow the complaints at court and considers as definitive the decisions of the Property Return and Compensation Agency and above all this law invalidates the property of the owners. The bill performance remains to be seen during the consultations with interest groups.
Another bill presented and approved in principle this month, was the one “For the rights and treatment of the sentenced to imprisonment and detention”
Two of the main inovations are: taking additional measures even without a court order, but directly from the Justice or Interior Affair Minister, for the prisoners against whom criminal purposes are noticed and the creation of opened prisons, aiming to improve the social rehabilitation function of the prisoners. In such prisons, the prisoners will be allowed to go to work under strict surveillance, and turn back after working hours at the criminal detention institutions, until the next working morning.
In conclusion of the legislative aspects related to the Ministry of Justice, eventhough not directly as an initiator in this case, during July, the Parliament aprroved the creation of the special commission for justice reform. The latter shall consist of 5 majority and 5 opposition members, where the chairman Fatmir Xhafaj, in case of tunoff vote, will have one additional vote. This is an important reform in order to open negotiations for EU integration, promised by the Prime Minister in September 2015. Meanwhile, Minister Naço promised the delivery in parliament of this reform in October 2015.
During July 13 new court rooms have been inaugurated in the Tirana District Court. The investment of about 340 million ALL, from the state budget, is expected to have a direct impact in the increase of effectiveness at the Court of Tirana.
Minister Naço said: “Increasing the number of court rooms will avoid the abnormal practice of holding judicial processes in the judges’ offices, that in this case include 80 of them. The infrastructure improvment, accompanied by further legal changes will bring an increase of public access in the process respecting nontheless procedurial principles, guarantee of solemnity during the judicial process, reinforcment of control mechanisms, the achievment of best international standarts”.
Meanwhile, the future objective of this institution in partnership with USAID, is to introduce the video system registration, in order to be able not only to hear what has been said but also see what was done during a court hearing, enabling the possibility to avoid any unethical behavior and the solemnity increase of the court hearing.
Gazeta Panorama. Korrik 2015. Projektligji: Qeveria “hap burgjet” për te denuarit.
Gazeta Tema. Korrik 2015. Reforma ne drejtesi.
Ministria e Drejtesise. Korrik 2015. Prezantohet projektligji për trajtimin e prones.
Ministria e Drejtesise. Korrik 2015. Perurohen sallat e reja te gjykimit http://www.drejtesia.gov.al/al/newsroom/lajme/perurohen-13-salla-te-reja-gjykimi-ne-gjykaten-e-rrethit-gjyqesor-tirane&page=1