The Rule of Law Paradox in the 2016 Constitutional Amendments in Albania

Abstract

Abstract In 2016, the Albanian constitution underwent the most comprehensive constitutional reform since its adoption in 1998. One of the purposes of this reform was to transform the judicial system in Albania in order to detach it from corruption. One of the novelties of the reform was the vetting process of judges and prosecutors at all levels, including judges of the Albanian Constitutional Court. Following termination of mandates of some of the members to the Court, dismissals, and resignations in the context of the vetting process, Albania’s Constitutional Court did not function for more than a year. Although indisputably the constitutional reform and more specifically vetting were designed as a means of guaranteeing the rule of law, it seems that they were contributing factors to the stalemate within the Constitutional Court, thus ultimately undermining the rule of law. This chapter unfolds this paradox in Albania, an EU candidate country.