Reforming the Justice System in the Western Balkans. Constitutional Concerns and Guarantees

Abstract

It analyzes the judicial reform process in the region of the Western Balkans, especially for the transition countries that are in the process of being integrated in the European Union. The new mechanisms and institutions established by the reforms are analyzed to identify the solutions to the problems of the judiciary system in those countries. After the fall of the communist regimes, the countries have undergone reforms to establish new judicial systems in a democratic separation of power. However, the system needs to be extensively reformed, to fight corruption and strengthen the judicial power in a rule of law. The paper responds to the constitutional concerns and challenges of new mechanisms, set up by the reform, in order to find correct and effective solutions. Although each Western Balkan country has its own reform process, the presence of and assistance offered by the international community is a common feature. In addition to the analysis of the institutional changes, the role of international factors is treated as a guarantee, in two phases, during the process of drafting the reform and during the process of its application. The analysis focuses on Albania, which underwent the most recent reform of the judicial system, assisted by the International Monitoring Operation. Why such extensive reforms? Are the societies in crisis during this transition period toward democracy? Although these countries are committed to the European Union, the judicial system is involved in a crisis of integrity and non-independence. This type of crisis weakens the judicial power and public trust in the system. Through the study of these aspects of the reform, the paper responds to some of the questions raised in this framework.