Chief Justice of the High Court of Albania, Zaganjori exposes the causes of extensive backlog: State institutions are main producers of judicial conflict

President of the Supreme Court, Chief Justice Mr. Xhezair Zaganjori attended the National Conference “Efficiency of Judicial Procedures in the Administrative Courts of Albania and Evaluation of the Justice Reform Effectiveness” organized by the Center for Public Information Issues, INFOÇIP. Since the beginning of  his speech, CH.J. Zaganjori thanked INFOCIP for organizing the National Conference on administrative delays thus creating a real possibility to discus upon problems faced by the administrative court system.
 

CH.J. Zaganjori presented the current situation in the Supreme Court in regard to delays and backlog accumulated. He focused on the problems and difficulties faced today by this Court as result of absences and shortage in the judicial body and legal assistants’ staff. These shortcomings have negatively impacted the performance and efficiency of the High Court. This situation has led to the creation of a huge backlog and consequently delays in timely review of court cases and a decrease of the pace in which judicial files are being reviewed, thus affecting the right to a trial within reasonable time-frames.

Among other things, Mr. Zaganjori stressed that: “The issue of the lack of efficiency of the judicial system is one of the fundamental problems that has been debated for years and we have been constantly criticized. Rightly so, this problem is the main focus of justice reform. For administrative judgment there is still room for an even deeper debate and research. It is time to assess and open e new debate on the quality of court decisions. Very little, almost no professional debate about the quality of these decisions has yet been open, at a time when the cases are the same and the solutions are different. Subjectivism is allowed in court decision-making, sometimes even radical and extreme on similar cases…”

There is little still little concern and even les debate over the causes of the large number of cases filed in our courts. Why do we have so many judicial conflict and so many issues that require courts’ attention? It is well known that in the Albanian reality, enormous conflicts are produced. At present, the Supreme Court has about 21 to 22 thousand cases, an extraordinary number. There is an extremely large number of files in the administrative Chamber of the High Court waiting to receive final judgment…!

Why are there so many layoffs and unfaithful dismissals f public employees? Thousands of people leave work and all collide to the  courts’ doors. The main reason (or pretext) for that: the restructuring of the institution! On the other hand, state bodies do not respect the minimum standards, deadlines or removal procedures, as the law requires.

Whenever there is a parliamentary election, there are massive layoffs of state administration employees which follow. Thousands of people are then forced to go to court doors as the only option to regain their lost position and get justice. They gain the right to be reinstated and upon this moment and on, for the same job position in public administration, the state itself pays 2 or maybe even 3 people more.

Why almost 100% of the employees working in Tax Offices and Costumes leave whenever there are elections in this country? Why there are so many problems with the military pensions? Thousands of soldiers and military man have been removed from duty/office and wandered for years in courtrooms because they have problems with the law. The very law has been amended so very often that it has become impossible even for the judges themselves to find the adequate legal reference for each and every military men category. And what do they want? An early retirement based on the years of their service.

Why is there so much conflict to get the proper pension? People have worked an entire life and when it time to get back the social insurance and pensions they get stuck with no solution because state institutions lack their documentation which should normally prove that they deserve the pension as provided by the law. They come around for many years more in the doors of the courts to find justice, which in this case is to get their pensions to withstand their living in such a delicate age.

And this makes up what is called Backlock of the courts, which are in fact problems caused by the executive branch of power and as well of  legislative nature, such as the property issues. Starting from 2004, the law on properties has been amended and changed almost every year for electoral reasons mainly, and still today, it is becoming 30 years that citizens are wandering in courts finding little justice in matters of property restitution and compensation.

It was mentioned here early that nearly 10% of cases have started to be resolved within the deadline. I would say that these are issues that have been resolved not within the deadline but out of time. They have been accelerated for various legal reasons. There are about 6,000 administrative cases in the High Court only. How can a 90-day trial be upheld and concluded with only 3 judges left as we speak today in the Administrative College. This is impossible, despite the tremendous work we have done so far, given the lack of counselors staff as well.

Meanwhile, the President of the Republic Mr. Ilir Meta emphasized in his speech the need for the rapid constitution of the new judicial bodies, and specifically of the High Judicial Council, as the bodies responsible for the progress of the Judiciary. According to Mr. Meta, timely judgment is a legitimate expectation of all Albanians. If this situation does not change qualitatively, then the great goals of reform will not start to feel really from all Albanian citizens.

translated in English literally from the official website of the High Court of Albania