The President of the Constitutional Court, Bashkim Dedja, declared in an
interview for Top Channel that the judiciary reform should start with a
review of the law for the organization and functionality of the
judiciary, so that citizens can have a regular legal process, starting
from the first instance.
“We have identified some details that need to be regulated and that I cannot mention. I think that the new law for career and merit might need to change. We have reviewed it at the Constitutional Court. We all know that the First Instance judges work hard to go to the Court of Appeal, the Court of Appeal judges work for the Supreme Court and then the Constitutional Court. We need to find a mechanism that fulfills their expectations, and that judges will not be motivated to fight for going to the Court of Appeal or the Supreme Court. This would affect the work of the High Council of Justice in their selection for the Court of Appeal, but also for those who participate in the selection of the Supreme Court Judges, i.e the President and the Parliament. If a judge has a given career, a given work experience and if he fulfills the criteria for working at the Court of Appeal, but there are no vacancies, although he is working at the Court of First Instance, he may receive all the benefits that the Court of Appeal judge has. This mechanism that values career and the material aspect would bring two positive aspects. It is important that the best judges who fight for career will not fight for the Court of Appeal and the Supreme Court by leaving the Court of First Degree with judges of a lower level”, proposed the President of the Constitutional Court.
Secondly, for Mr.Dedja it is necessary establishing filters so that not every case ends up at the Supreme Court.
“Other interventions are needed for making the work of courts easier in general. We all know that the Supreme Court has problems with the length of trials due to the overload. I think that we need to find filters and mechanisms that need to make this burden easier, but on the same time by answering to citizens and take a decision within a reasonable deadline, together with the explanatory arguments. We could also have more judges, which has its cost, and we could regulate the filters of cases that go at the Supreme Court by increasing criteria that give the right to go at the Supreme Court”, Dedja declared.
The President of the Constitutional Court says that the Arbitrage Court should start as soon as possible, since there has been a legal package for this for more than one decade.
“Another thing that can be done is creating the arbitrage court. It has been approved since 1996. There is a legal obligation to create it. It has not been done since 1996. The Court of Civilian Procedure has 38 articles, from article 400 to 438, which has regulated the functionality of the Arbitrage Court”, Dedja declared.
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