31 July 2019 The President of the Republic exercising his powers, decreed on July 30th, 2019 through the Decree no. 11242, the proclamation of the Law no. 47/2019
The Office of the President of the Republic states that the President of the Republic, H. E. Ilir Meta, in exercising his powers, pursuant to Articles 84 and 93 of the Constitution, by Decree no. 11242, dated 30.07.2019, has approved; “The declaration of law no. 47/2019 ‘On some additions and amendments to the law no.115 / 2016’ ‘On the bodies of governance of the justice system’”;
The President of the Republic, since January-February 2017, has consistently insisted on making the necessary legal changes to Article 221 of this very important law on Justice Reform and establishing and the operating of the new bodies that would enable the filling of the vacancies in the Constitutional Court and the appointment of the Chief Inspector of Justice.
The problems with the implementation of this legal provision and the real impossibility of some of the bodies in the justice system to enforce this provision of the law (Article 221) in the way they were predicted, it was found that in January 2017, the moment when the first lot was drawn by Parliament for the election of members of the Council of Appointments in Justice.
This provision of the law provided the conditions and the criteria that candidates must meet to be included in the lot to be elected members of the Council of Appointments in Justice and the selection procedures of this body.
The respective bodies at that time (Constitutional Court, High Court, Prosecutor General, Secretary-General of the HCJ) who had to nominate, or to whom it was asked the proposals of the candidacies for the drawing of the lot for the election of the Council of Appointments in Justice, in these three years have not all had the opportunity to apply Article 221 in a unified way, because not all bodies had in them candidates who had completed the School of Magistrates, as it was obligatory required by this legal provision that it is changing today.
The rigorous implementation of this provision dictated a problem in the fulfillment of drawing the lot and limiting the number of candidates to be elected members of the CAJ.
The ambiguity and impossibility of the practical and on time implementation of Article 221, or of other provisions of law no. 115/2016, which were subsequently found by the Constitutional Court to be unconstitutional by Decision No. 41, dated 16.05.2017 and Decision No.78, dated 12.12.2017, have always provoked not only political and public debate, but particularly have caused essential problems preventing the rigorous application of the legal procedures for drawing the lot for the election of members of the Council of Appointments in Justice, enabling the blocking of this important body and thus preventing the filling of the Constitutional Court vacancies and the election of the High Inspector of Justice .
The Council of Appointments in Justice is a very determining body for the integrity of the justice system. This body has been unjustifiably blocked for two consecutive years despite the systematic efforts of President Meta, not only since taking office, but also when he was the Speaker of the Albanian Parliament.
The President of the Republic has continuously requested the improvement of the provisions of Law no. 115/2016 and the filling of the vacuum created by the Constitutional Court decisions that have repealed some provisions of Law No. 115/2015 “On the Governing Bodies of the Justice System”.
After 30 months and finally, the Parliament, by the law no. 47/2019, adopted on 18.07.2019, has amended the Article 221 of Law No.115 / 2016 “On the Governing Bodies of the Justice System” and has filled the legal vacuum.
Although the Parliament of Albania has assessed and implemented the necessary amendments to the Law no. 115/2016 at a very procrastinated time, the President of the Republic still welcomes the amendments, and due to these reasons, has decided by Decree No.11242, dated 30.07.2019 the proclamation and approval of this Law without delay, hoping for the smooth and successful process of the selection and proper functioning of the Council of Appointments in Justice.