Following the Vlora Chamber of Advocates, the Shkodra Chamber of Advocates also states that the new judicial map has failed. In a statement addressed to the Parliament, the Council of Ministers, the Ministry of Justice and the High Judicial Council, the Shkodra Chamber of Advocates requests its review as well as an in-depth and transparent analysis of the current functioning of the judicial map.
The statement states that the new organizational architecture has created a significant disproportion between the declared objectives and the functional reality of the courts.
According to the Shkodra Bar Association, the pronounced centralization of the Courts of Appeal has produced an extraordinary accumulation of cases.
According to them, the delay in reviewing cases, the increase in the backlog of files, and the delays in announcing decisions create legal uncertainty for the parties, but also economic and social consequences.
Position of the Shkodra Local Bar Association:
"On the effects of the judicial map"
Addressed to:The Assembly of the Republic of Albania.
Council of Ministers.
Ministry of Justice.
The Supreme Judicial Council.
The Shkodra Local Bar Association, in exercising its institutional role as a guarantor of the protection of the fundamental rights and freedoms of citizens, feels the professional and civic obligation to publicly articulate its critical assessment of the consequences that the implementation of the new judicial map in the Republic of Albania has produced.
The territorial reform of the judicial system was presented as an intervention aimed at increasing efficiency, rationalizing human resources and strengthening the quality of decision-making. However, practical experience to date shows that the new organizational architecture has created a significant disproportion between the declared objectives and the functional reality of the courts, especially in the second instance of trial and administrative cases.
The right to effective access to justice is not an abstract concept, but a concrete right that presupposes reasonable deadlines, real equality in the exercise of procedural remedies and accessible opportunities to approach the court. When geographical distance, economic costs and structural overload become objective obstacles for the citizen, then the violation is no longer simply organizational, but affects the essence of constitutional guarantees.
The pronounced centralization of the Courts of Appeal has produced an extraordinary accumulation of cases, shifting the system from the principle of balanced distribution towards a model of concentration that is unsustainable in the long term. The protracted review of cases, the increase in the stock of files and the delays in the announcement of decisions create not only legal uncertainty for the parties, but also economic and social consequences that extend beyond individual interest.
Furthermore, the relocation of the Courts of Appeal and Administrative Courts far from large areas of the country has created a new territorial gap in access to justice. In the northern regions, including the Shkodra region, this situation has significantly increased procedural costs, made effective representation more difficult and discouraged the exercise of the right to appeal. A justice system that is perceived as physically and institutionally remote risks weakening public trust and its moral authority.
From a broader perspective, the new judicial map has also highlighted other issues that require serious reflection:
* Discrepancy between the real volume of cases and the human and infrastructural capacities of the courts concentrated in the capital;
* Increased professional pressure on judges, with a potential impact on the quality and depth of legal reasoning;
* Difficulty in ensuring sustainable specialization, due to general overload;
* Weakening of the role of the court as an institution close to the community and the social reality that it must regulate.
* Long delays in receiving court service.
Structural reforms in the justice system are necessary and welcome when they are based on empirical analysis, broad professional consultation, and real impact assessment. However, any reform that, when implemented, produces consequences contrary to the standards of trial within a reasonable time and effective access, should be subject to institutional reassessment.
The Shkodra Local Bar Association believes that it is time for an in-depth and transparent analysis of the current functioning of the judicial map, based on concrete indicators: the average duration of trials, the backlog of cases, the demographic distribution and the economic burden on citizens. A balanced territorial review of the Courts of Appeal and Administrative Courts, based on functional and not purely administrative criteria, would constitute a reasonable step towards restoring the balance between efficiency and access.
Our position does not stem from formal opposition to reform, but from daily professional experience and the obligation to protect the standards of the rule of law. A justice system is evaluated not by its normative architecture or the formal “elegance” that this architecture shows on paper, but by its ability to guarantee justice in a timely, equitable and tangible manner for every citizen.
The Shkodra Local Bar Association remains open to institutional dialogue and to contribute with concrete expertise to any reflection or review process that aims to truly strengthen the functioning of the judicial system in Albania.
Shkodra Local Bar Association
