Dalla giurisdizione della corte suprema alla competenza del tribunale speciale: la sfida del sistema giudiziario albanese contro la corruzione ad alto livello governativo

Abstract

The Constitution of the Republic of Albania, adopted in 1998, provided that the Supreme Court had primary and cassation jurisdiction. Primary jurisdiction referred to the obligation attributed to this Court to judge at first instance, the most important figures of the political and judicial power. Although there is a perception of the corruption of the subjects of this jurisdiction, which was an exception to the right of the second instance court of law, the Supreme Court had not shown itself to be independent in the judicial processes of high-level officials. In 2016, when the constitutional reform of the judicial system in Albania was adopted, the provision that created hope for the fight against corruption at high levels of government was the establishment of the Special Tribunal against corruption and organized crime and the Special Investigative Structure (SPAK). The latter is required by the constitutional reform to independently investigate senior state officials, unlike what the Attorney General had done before the reform. The implementation of the reform, in this respect, is ongoing, however, yet has not been presented an outcome of the judicial reform, but what deserves attention is an analysis of the expectations of the Special Court, unlike the jurisdiction of the first instance of the Supreme Court. The question that arises is whether this constitutional change will transform the approach of the judicial system or will it remain yet another reform written on paper. The doubts, in this context, arise from the fact that five years have passed since the reform started and the challenge of defeating corruption and strengthening the rule of law still remains an illusion that it is expected to turn into delusion.