EU delegation in Tirana, Ambassador Romana Vlahutin address on Justice Reform

The fundament of a social contract between citizens and their democratic states is the trust of citizens in institutions, regardless of who is elected to govern them. The fundament of the community of EU Member States is the trust of member States in common standards that institutions in all of them have to adhere to.
This is what the reform of the judiciary needs to accomplish – a new trust of Albanian citizens and international partners in the Albanian judicial system.

This is a task beyond and above any other that Albania has gone through, and will go through, in its integration process. I am not talking only about new legislation and constitutional changes here, but a new order of checks and balances that will make the implementation of new justice in Albania possible and protected.

This reform has to be comprehensive, very deep and without compromise. It is not only about the system, or only about the people, it is both. Reform must ensure that it would be impossible to have corrupt judges in the judiciary, and to have a judiciary that would make it impossible for judges to be corrupt. It must ensure that it would be impossible for any prosecutor not to investigate all allegations of corruption, and for those who are corrupt to think that they will never be prosecuted. And it must ensure that, with no exception, all are equal before the law.

There is no such thing as a perfect democracy, but in a truly functioning one no telephone calls, visits in expensive big cars, fat envelopes, or promises or threats of any kind, should have an ambition to be above the State. Or to believe that they are the State.

This is why the upcoming reform must cut deep, and must do it with surgical precision. It has to ensure clear separation of powers, and should bring an end to any control of executive over judiciary. It equally must ensure full independence of the prosecution from any political or other undue influence, especially prosecution of high level corruption and organised crime cases. But first and foremost it must ensure accountability of those in the system, prosecutors and judges alike. We do not want to see the situation where people who are corrupt, or ignorant, or abuse the system, are protected, and where culture of impunity is taken as a standard.

At the same time, honour and dignity of all those who are doing their jobs with utmost professionalism need to be respected. Those who are not will have to go. If there is something I really don’t want to do is to behave or sound patronising. Using word must I just want to emphasise that all of the things mentioned so far are necessary prerequisites for Albania to start its future negotiations in chapters 23 and 24 in an effective and successful way.

Member States will appreciate good legislation, but will much more look for its implementation, and a very clear track record. In translation, it means that those who abused the law will have to be investigated and face the consequences. EU commends the work that the Ad Hoc Parliamentary Committee on Judicial reform has done so far, and the resolve of its chair, Mr Fatmir Xhafaj. But our special gratitude should go particularly to experts who are working very diligently on proposing the best solutions that would be aligned with the EU highest standards, and would equally cater for the specific needs of Albania at the same time. International community, including our own project Euralius, has been with the Committee since the first hour of the first day of their work. We regret that the members of the opposition have still not taken their seats around the table, and I would plea with them once again to do so. This should be not a reform for one of two elections cycles. Albania cannot afford short term or any group of interest-driven solutions. Albania needs an all-inclusive, thorough, constructive dialogue on major changes like this one.

Everybody in this country who has been elected to represent the people, be it in the government or in the opposition, is equally responsible for the results of the reform. It is an open process, discussions are co-chaired by the international experts, and all those who are willing and interested in ensuring quality and seriousness of change are invited to do so. International community has been assisting, is assisting and will assist in the future.

But democracy cannot be lived through a proxy. International community cannot change your country for you.
This is your State and it is your responsibility. Albanian citizens very clearly want Albania to become a member of the European Union. Standards are clear, they are same for all and are non-negotiable. Other countries have gone through this, Albania will do to.

Please double your resolve. Bring trust back into the society, create trust in the rule of law, and that all are equal before it. Albania needs it and deserves it.

Thank you.

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