Judicial institutions, ADR reform and their necessity in the Albanian reality

Abstract

The concept of separation of powers was put forward by one of the most prominent representatives of the French Enlightenment, a prominent jurist and political thinker Charles Louis Montesquieu (1689-1755) to prevent the abuse of power and create conditions which “different authorities can mutually restrain each other. So, the topic of this paper it is the evidence of the current situation in Albania in terms of judicial institutions, legality, functional and practical importance in a democratic state and the functions they perform. The separation of powers has political and natural preconditions. The political reason for the separation of powers lies in the danger of the concentration of power by one body, in the need to control three independent powers over each other. Natural preconditions are necessary for the adoption of laws, their implementation, and the administration of justice. Thus, the legislature (Parliament) produces laws while the executive (government) implements the laws. Courts (Constitutional Court, courts of general jurisdiction, courts of arbitration) deal with specific cases to which other government bodies and citizens are parties. The article analyzes the main criteria, legal bases, and necessary conditions, consequences of the lack of judicial institutions and finally recommends the emergence need of the creation of an arbitration court as an alternative dispute resolution ADR, a tool widely used in developed democracies. A good justice system, both in the legal and organizational framework, in the civil field is an essential guarantee for the rule of law and respect for human rights. These rights take on legal value when the individual goes to a court that administers justice in a short period of time and in this way it creates trust in the public. A state with a well-organized justice system (where there are alternative means of resolving ADR disputes) for all spheres, be they civil, administrative, criminal or family, etc., is the main indicator for institutional reform, distribution of the burden enabling the delivery of justice on time and without delay. Above all, the individual has the opportunity to choose the means by which he will solve his problem. On the other hand, such a good organization would also enable the increase of work efficiency and the quality of the given judgments.