Access to justice in Albania and EU policies

Abstract

Abstract Access to justice is a fundamental element of the rule of law and a cornerstone of justice. Access to justice is the constitutional guarantee that enables individuals to have their violated rights protected. Governments must guarantee the right of every individual to address the court or other bodies of public administration. The right of access to the court in order to oppose an act of the public administration bodies is an autonomous fundamental right and an element of due process. This principle closely relates to another principle guaranteeing justice and democracy in society, which is the principle of the rule of law. Albania has not yet adopted a law that provides for the vital minimum; calculation of financial insufficiency threshold by considering only the income of a person rather than the necessary and obligatory living costs that really need free legal aid. National and international acts provide for Access to Justice, and the onus remains on the government to provide this right to its citizens. In 2022, the number of courts in Albania dropped significantly with the new judicial map, which significantly reduced the access of citizens. Why reduce the number of courts? This led to the increase in the stock of court files and the failure of judges to try cases within the legal deadlines. Albania should reflect without further delay and increase the number of courts, taking an example from other developed European countries, so that citizens may easily go to the courts