Analysis of Legal and Practical Aspects of the Vetting Process

Abstract

Albania’s quest for accession to the European Union necessitates sweeping judicial reforms, with a primary focus on bolstering the judiciary’s independence, accountability, and professionalism. Collaborative endeavors with the Venice Commission underscore Albania’s unwavering commitment to this transformative process. At the heart of this reform agenda lie constitutional amendments and legislative enactments, prominently among them being the law governing the re-evaluation of judges and prosecutors. This legislative framework facilitates the establishment of innovative judicial institutions. The inception of the “vetting process” in 2018 marks a pivotal mechanism aimed at combating corruption and fostering public confidence in a fair and impartial judicial system. The evaluative criteria encompass the disclosure of wealth, professional competence, and public image. This analysis critically examines the operations of the Independent Qualification Commission and the Special Appeals Panel, scrutinizing their investigative, administrative, and decision-making processes within the framework of the vetting law. Of particular interest is the examination of auxiliary bodies, notably the Public Commissioner and the International Monitoring Body, as key entities tasked with ensuring transparency and impartiality in the vetting process. Recognizing the vetting process as a transformative, albeit non-panacea, initiative underscores its historical significance. While acknowledging short-term repercussions, such as the suspension of the Constitutional Court, as sacrifices in the pursuit of upholding the rule of law, the overarching objective is to establish a robust and qualitatively sound justice system. This paper aims to contribute to scholarly discourse by offering a comprehensive examination of the vetting process in Albania and its implications for judicial reform, the rule of law, and the country’s European integration aspirations.