AN INDEPENDENT AND IMPARTIAL JUDICIARY: JUSTICE MUST BE SEEN TO BE DONE

The cornerstone of the post-modern concept of “rule of law” is the European Convention of Human Rights (ECHR), which guarantees the fundamental rights and freedoms of 800 million citizens in Europe. However, the provisions of the ECHR cannot be implemented without an independent and functional justice system. In this framework, one of the core rights envisaged by the Convention is the right of a fair trial which includes: the independence and impartiality of courts, the equality of arms, the presumption of innocence, the length of proceedings, and the execution of final judgments. In July 2016, Albania adopted the juridical reform, supported by the international organizations such as the European Union, Embassy of the United States, the OSCE Presence etc. which established almost a new constitutional framework with the final aim to make the judiciary function as an independent power.
Taking into account these new amendments and the current situation of the Albanian judiciary, it is necessary to provide assistance in order to ensure the existence of the independent and impartial tribunals in line with the fair trial standards guaranteed by Article 6 ECHR.
On 14 July 2016, the Centre, in collaboration with KAS Rule of Law Program SEE and the Magistrates School of Albania, organized a training which aimed to bring national judges closer to the European Court of Human Rights standards, as well as Albania’s legislation and case-law regarding the fair trial. In addition, during this training the participants were assisted on the improvement of knowledge on the independence and impartiality of the Albanian Courts, in line with the fair trial standards. Thus, this activity has a high importance in the framework of the consolidation of the rule of law in Albania, as well as the increase of the efficiency of measures taken towards fair trial standards in the framework of human rights protection and consolidation
The target group of this event were the judges of Korça Appeal Court. During the training, 14 judges of different backgrounds were present. Considering the planned target group and the participants that where actually part of the training, we can say that the target group was reached.
The high level experts present in this training were Prof. Dr. Xhezair Zaganjori – President of the Supreme Court, Prof. Dr. Arta Mandro – Head of the Continuous Training Program of the Magistrates School and PhD. Idlir Peçi – Professor at the Magistrates School. The training was moderated by Ms. Ina Xhepa – European Centre.

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