One of the hot issues that has been discussed in the ambit of
the Justice Reform is the role of international factor in the
revaluation and monitoring process of the Judges and the
Prosecutors. The term commonly used these days "vetting"
(which comes from English - examining something or someone
carefully to make certain that it is acceptable or suitable) and
the role of international factor in that process was provided in
detail by Constitutional amendments and the Law no. 84/2016, dated
8.30.2016 "For the transitional revaluation of judges and
prosecutors in the Republic of Albania".
Representation of Agencies in charge of the process of
"vetting" are appointed by the International Monitoring
Operation Unit to play a supporting and monitoring role in the
process. e support and monitoring of International Observers is
exercised in three ways:
The first - participating in the investigation and the
evaluation of all the necessary facts and circumstances, which may
result in specific charges toward the subjects of revaluation. e
law grants to the International Observers the right to seek
information from any individuals or legal persons; to verify the
truthfulness and accuracy of the statements made by the subjects
under revaluation. They may perform independent verifcation and
present their f¡ndings in the form of a statement, report or
document that constitutes evidence for proving a fact, circumstance
or legal standard for the Albanian Institution in charge of the
reassessment. They may also require from the Albanian Institutions
to investigate for further evidence and also participate in the
sessions called for the hearing of the subject of revaluation and
has the right to interrogate they subjects under revaluation. e
second - participating in the f¡nal stage of the evaluation
and issuance of the decision by the Albanian Institutions,
specifically by giving opinions in writing on a specific
circumstance and participating in discussions between the Albanian
Officials on the subjects under revaluations and finally by writing
dissenting opinions, which are attached to the f¡nal
The third - submitting written recommendations to the Public
Commissioner for presenting an appeal, in the case they believe the
final decision is not grounded. However, the recommendation may be
given only by a panel of 3 International Observers.
From the above, we have reasons to think that International
Observers do not have a decision-making role in the process of
revaluation of judges and prosecutors, but merely supporting and
monitoring. On the other hand, the presence of the international
factor in the process it is a good idea as it is a guarantee for
increasing the public confidence in the Justice Reform.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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