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 Decision.
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.