The E - Commentary is an initiative supported and funded by the EU project "Consolidation of the Justice System in Albania" (EURALIUS). The initiative arose in pursuit of the thorough reform of the justice system, under whose framework fundamental amendments to the Constitution have been approved as well as the approval (or amendment) of nearly 40 other laws regulating the organization and functioning of the justice system in the country.
In the first phase, the E-Commentary will focus on the analysis and commenting of 2 (two) of the numerous laws that comprise the reform package: (i) the Law "on Governance Institutions of the Justice System"; and (ii) the Law on the Status of Judges and Prosecutors".
The Law on Governance Institutions of the Justice System regulates the manner of establishment, organization and functioning of institutions that administer every aspect of the justice system, commencing from the School of Magistrates to the High Judicial Council, the High Prosecutorial Council, High Justice Inspector, and Judicial Appointments Council. Meanwhile the Status Law regulates in detail every aspect and phase of the career of magistrates beginning from their recruitment up to the end of their career.
Both these two laws are in the first phase of implementation. In fact, the process of selection of candidates for the governance institutions of the justice system, which is based in the provisions of the law on governance institutions, is now under process. In the same manner, the law on the status is being applied by the High Council of Justice and the General Prosecution Office in regard to all the decision-making related to the career of magistrates (although the full implementation of this law will take place only after the establishment of the High Judicial Council and the High Prosecutorial Council).
Both laws, object of E – Commentary, introduce multiple novelties, new concepts, requests and unfamiliar procedures. The institutions assigned by the law shall take care of its implementation. These new standards of these laws shall not remain mere paper, but provide a basis for a new practice and case law. The E- Commentary is a tool for achieving this new purpose.