Chapter 5 - Judicial Reforms

Summary

Let us begin with two observations about the judicial reforms in Albania and Macedonia. As one author notes,

Establishing the rule of law, for Macedonia is not just part of the process of successful transition. […] [A]s a candidate for full membership in the European Union is a crucial requirement for the country to fulfill the political criteria. […] However Macedonia badly failed on the assessment from the European Commission. Although the progress report in 2008 stated that the country has progressed in adopting new legislation and changes in the judicial system, yet it concluded that the judicial branch is not independent and efficient.

(Taseski 2010)

Meanwhile, the European Commission's Communication on Albania 2010 Progress Report points out that

[s]erious concerns remain on the overall functioning, the efficiency and independence of the judicial. There is a lack of transparency in the appointment, promotion, transfer and evaluation of judges and there are considerable weaknesses in the inspection system of the judiciary. The cases of nonrespect of Constitutional Court decisions by government in recent years and the politicization of the vote on the President's Constitutional and High Court appointments are of concern as they challenge fundamental principles such as the independence of the judicial and the respect for the rule of law.

These two quotes bring us to one of the most contentious institutional reforms in Eastern Europe: judicial reform.