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The new court map, proposed by the Minister of Justice and the President of the HJC, is being opposed by lawyers across the country.
This Friday, the law office in Lezha reacted, according to which the Ministry of Justice and the HJC did not analyze the lack of existing court premises and the lack of Judges.
“The European average per 100 thousand inhabitants is 22.5 judges, in Albania we have an average of 12.5 per 100 thousand inhabitants. As if this fact were not enough, the reality of crime and property problems in Albania is many times higher than in Europe.”.
According to legal representatives, this change would penalize those who live in districts and have no economic opportunities.
“Justice cannot be the right of only those who have money. Access to justice is essential to having justice. By this logic, it is up to them to make only 1 court in Tirana for the whole country that only the rich can reach. Reducing the number of courts indirectly stimulates the depopulation of peripheral areas of the country as it reduces services.
The amalgamation of courts kills the legal profession in these areas, forcing this category to relocate to areas where courts are concentrated. This intellectually impoverishes the areas in question. Just look at the administrative courts to understand that reducing their number is a failure from the start. There were 6 first degrees and 1 appeal for the whole country. In the first instance the trial ended from 3 months to 1 year, the appeal is delayed for 4 years or more”.
The lawyer agrees with the concentration of the Courts of Appeal, but not of the first instance. “Due to the fact that the lawsuits are being prolonged for years and the citizens are ignoring them. Justice is not done by demotivating citizens to go to court, but by giving justice to the courts that citizens decide to open. It costs us less to increase the number of judges and courts of appeal than the opposite“, He says.
The Government of the Judiciary has decided to close 15 courts in the country, arguing that they are not functional.
Among them, five are the courts of appeal, which meet in a single one in Tirana and 10 courts of first instance.
By the logic of a one-court district, the High Judicial Council claims that it will provide access to citizens, minimize backlog and there will be no procrastination. However, it remains to be seen whether this project will be functional or not.
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