The Vlora Bar Association has urgently requested the review of the new judicial map. Through a public statement addressed to the High Judicial Council and the Ministry of Justice, it is emphasized that the current map has proven unsuccessful, leading to significant overload in the Courts of Appeal as a result of the excessive centralization of the system.
According to the Chamber of Advocates, this concentration has caused significant delays in the review of cases, as well as increased costs for citizens.
Lawyers estimate that real access to justice has become significantly more difficult, especially for citizens who live far from centers where judicial institutions are concentrated.
At the conclusion of the statement, the Vlora Bar Association warns that failure to intervene to correct this situation risks continuously violating the fundamental rights of citizens, as well as increasing the number of complaints to the European Court of Human Rights, with financial and institutional consequences for the Albanian state.
Statement of the Vlora Bar Association:
On the Failure of the Judicial Map and the Urgent Need for Its Revision.
Addressed to: 1. The High Judicial Council.
2. Ministry of Justice
In exercise of the constitutional right to address state bodies and in order to protect the fundamental principles of the rule of law, we are presenting our serious and legally substantiated concern regarding the current state of the judicial system, in particular regarding the functioning of the Courts of Appeal after the implementation of the new judicial map.
According to Article 42 of the Constitution of the Republic of Albania, every person has the right to have his case examined by an independent, impartial and legally established court, within a reasonable time. This principle is further reinforced by Article 6 of the European Convention on Human Rights, which is part of the domestic legal order and has precedence over ordinary law, in accordance with Article 122 of the Constitution.
Today, after a sufficient period of implementation, it is clear that the excessive centralization of the courts, especially at the appeal level, has created serious overload, unacceptable delays in the examination of cases and increased costs for citizens and legal professionals. Real access to justice has been significantly hampered, especially for citizens living far from concentrated judicial centers. This situation creates a direct violation of the right to due process, transforming the right to appeal into a formal and ineffective remedy, contrary to constitutional and conventional standards.
The case law of the European Court of Human Rights has consistently emphasised that States have a positive obligation to organise their judicial system in such a way that the courts are able to satisfy the request for adjudication within a reasonable time. Failure to ensure an efficient organisation of the courts constitutes State responsibility, regardless of reforms undertaken or structural constraints.
In this context, the implementation of the new judicial map, although based on reform objectives, has produced consequences that require an immediate and realistic review, based on concrete functional indicators and not only on theoretical or administrative criteria. The centralization of Appeals trials has significantly increased geographical distance, costs for the parties, and has disproportionately concentrated a high number of cases in a few judicial structures, violating the principle of effective access to justice.
Considering that, according to the Constitution and the legislation in force, the High Judicial Council is the constitutional body competent for the organization and functioning of the judicial system, we assess that the Ministry of Justice, in its important role in drafting and guiding public policies in the field of justice, should also undertake an institutional initiative to recommend to the High Judicial Council the review of the judicial map, especially at the Appeals level.
In particular, we consider that the restoration or creation of at least three Courts of Appeal, distributed based on the criteria of real workload, case density and geographical access, would better meet the constitutional and conventional requirements for efficient, accessible and functional justice.
Failure to address this situation risks not only the continued violation of citizens' fundamental rights, but also the increase in complaints to the European Court of Human Rights, with financial and institutional consequences for the Albanian state.
Expressing our confidence that this concern will be treated with the seriousness and responsibility required by its importance for the rule of law, we remain available for any institutional cooperation and professional contribution in order to improve the justice system.
