The European Union has been shaken to its core in the Western Balkans following the scandal at the School of Magistracy. Just days ago, a scandal erupted at this institution after the test for young judges and prosecutors was manipulated. But beyond this, within the judiciary, many judges and prosecutors who failed vetting procedures have managed to camouflage themselves and continue their roles.
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| A judge holding a court scale with money on one side of the scale (archive) |
Despite being excluded from the system, they serve as educators within the Magistracy, shaping the next generation. However, for the international community, this is unacceptable.
As negotiations between the ruling and opposition parties in Albania, PS and PD respectively, have commenced regarding judicial reform laws, the opinion of the EU has been sought. Brussels insists on legislative changes to strengthen the integrity of the teaching staff at the School of Magistracy, ensuring that former magistrates discharged through vetting or those who resigned before it, do not train future generations of magistrates.
"There needs to be legislative changes to strengthen the integrity of the teaching staff at the School of Magistracy, ensuring that former magistrates discharged through vetting or those who resigned before it, do not train future generations of magistrates," the EU opinion addressed to the group of deputies involved in amending laws with a 3/5 majority stated.
The EU does not accept the Parliament's proposal that issues concerning members of the High Judicial Council be resolved internally without the involvement of the Constitutional Court. Conflict of interest is cited as the reason.
"The proposals aim to limit the competence of the Constitutional Court in disciplinary actions of Council members during the exercise of their function as Council members and not when acting as judges or prosecutors. It is debatable whether this is advisable, as - even if the respective member of the Council can recuse themselves when their colleagues are deciding on their case, there still exists a very strong relationship between the members, which can be avoided if left to the Constitutional Court to decide on such cases," states the document published by "A2 CNN."
Moreover, they have also stopped at Altin Duman's proposal regarding the mandate of prosecutors. According to them, at the end of their mandate, they should move to the Prosecutor's Office of Appeal.
"It is reasonable that special prosecutors at the end of their mandate be assigned to the Prosecutor's Offices of Appeal, as they cover both levels, the first instance and the Appeal. For this, a reference to the Law on the Status of Judges and Prosecutors is sufficient," it further states.