Albania's Judicial Overhaul: A Decade of Reform Yields Hope, Yet Justice Remains Elusive

Tirana, Albania – A decade has passed since Albania embarked on its monumental journey of judicial reform, an ambitious undertaking aimed at eradicating deep-seated corruption, restoring public trust, and aligning its legal system with European Union standards. Initiated with overwhelming international backing and a public yearning for change, the reform has indeed reshaped the landscape of the Albanian judiciary, notably through a rigorous vetting process that purged hundreds of judges and prosecutors. Yet, as the country approaches the ten-year mark since the initial constitutional amendments, a complex picture emerges: one where significant institutional advancements coexist with critical challenges, leaving many to question if the promise of justice has truly been delivered.

The Genesis of a Radical Reform

Prior to 2016, Albania's judicial system was widely perceived as one of the country's most vulnerable institutions, plagued by endemic corruption, political influence, and a profound lack of public trust. Surveys from 2014 and 2015 revealed a precipitous decline in public confidence in the courts, highlighting an urgent need for fundamental change. This dire situation not only undermined the rule of law within the country but also acted as a significant impediment to Albania's aspirations for European Union membership. The EU, recognizing the judiciary as a core element for accession negotiations, strongly advocated for comprehensive reforms, offering substantial political, technical, and financial support.

In response to this internal crisis and external pressure, the Albanian Parliament, in a rare display of cross-party consensus, unanimously adopted a sweeping package of constitutional amendments in July 2016. This marked the official launch of a reform envisioned to revamp the entire justice sector, focusing on enhancing independence, accountability, and efficiency. Key changes included a substantial transfer of powers from the executive to judicial councils, the establishment of new oversight bodies, and the creation of specialized structures to combat corruption and organized crime.

The Vetting Hammer: Cleaning House

At the heart of Albania's judicial reform was the unprecedented "vetting" process, a meticulous re-evaluation of all sitting judges and prosecutors based on three criteria: assessment of assets, professional competence, and integrity. This rigorous mechanism, supported by an International Monitoring Operation (IMO) comprising experienced judges and prosecutors from the EU and US, aimed to systematically cleanse the judiciary of corrupt or unqualified individuals. The process was widely seen as a cornerstone for challenging the culture of impunity that had long pervaded the system.

The impact of the vetting was immediate and profound. Predictions that approximately 30% of magistrates would be affected proved conservative; within five years, clean-ups doubled that figure. By October 2023, 57% of vetting dossiers processed had resulted in dismissals, resignations, or termination of mandates. Overall, only 47% of judges and prosecutors successfully passed the first instance of vetting and were confirmed in their roles. This confirmed the widespread nature of corruption within the judiciary but also led to an administrative vacuum and widespread skepticism among citizens regarding the reform's long-term viability.

Concurrently, the reform established new, specialized anti-corruption and organized crime structures: the Special Prosecution Office (SPAK), the National Bureau of Investigation (NBI), and the Special Anti-corruption and Organized Crime Courts (GJKKO). Operational since 2019, SPAK has since played a crucial role in prosecuting high-profile cases, garnering significant public trust, often attributed to the oversight of international bodies.

The Unforeseen Costs: Vacancies and Backlogs

While the vetting process was instrumental in identifying and removing corrupt elements, its scale created significant, often unforeseen, challenges for the operational capacity of the judicial system. The mass dismissals and resignations led to severe staffing shortages across all levels of courts, leaving an "empty judiciary" and limiting public access to justice. Reports indicate that courts suffered from a substantial deficit of judges and prosecutors, resulting in prolonged delays in proceedings and an escalating backlog of cases. For instance, as of early 2024, Albania's High Court faced a backlog of nearly 26,000 cases, with some requiring five to eight years for review, while the General Court of Appeals had almost 38,000 cases, potentially taking seven to ten years to clear.

This critical shortage of human resources directly impacted the efficiency of the judicial system, with ordinary cases such as inheritance certificates, divorces, or rental disputes often delayed for years. Public distrust in the judiciary, initially rooted in concerns about corruption, gradually shifted towards issues of inefficiency, prompting many Albanians to seek alternative conflict resolution methods. Despite efforts to address vacancies through new appointments, the pace of recruitment and the limited professional experience of newly appointed magistrates remain concerns.

A New Organogram, Lingering Doubts

In an attempt to mitigate the staffing crisis and improve efficiency, Albania introduced a new judicial organogram in 2023. This restructuring reduced the number of first-instance courts from 29 to 12 and consolidated various appeals courts into a single institution in Tirana. While some regions saw improved efficiencies, others faced increased delays and travel burdens for citizens seeking justice. Critics argued that this remapping, while reducing the number of judgeships, also diminished access to judicial services and increased costs for court users.

Ongoing reports from the European Commission from 2021 to 2024 consistently highlight that while Albania has made progress, it remains only "moderately prepared" in the functioning of its judiciary, with persistent issues such as unfilled vacancies, lengthy proceedings, and a substantial backlog of cases. Moreover, concerns persist regarding the quality of the vetting process itself and the need for better coordination among judicial institutions. Despite the positive strides made by SPAK, the incident involving the arrest of a chief prosecutor who had recently passed vetting raised questions about the thoroughness of the process and underscored the complexities of rooting out corruption entirely.

Balancing Aspirations and Reality

A decade into its comprehensive judicial reform, Albania stands at a pivotal juncture. The initial hope that fueled this monumental undertaking has undeniably led to the dismantling of a corrupt old guard and the establishment of new, more accountable institutions. The vetting process, despite its drastic consequences, has demonstrably altered the composition of the judiciary, removing individuals who failed integrity checks. This transformation has been a crucial, externally driven prerequisite for Albania's EU integration process.

However, the path to a fully functional and trusted justice system remains fraught with obstacles. The significant human resource vacuum created by the vetting, coupled with persistent case backlogs and concerns about institutional efficiency, means that the average Albanian citizen often still struggles to access timely justice. The challenge for Albania now is to consolidate the achievements of the reform, effectively address the lingering operational deficiencies, and ensure that the newly established structures deliver concrete results that resonate with the public. Only then can the hope that inspired this decade-long transformation translate into tangible, equitable justice for all.