Iva Terova (Pendavinji)
Nadia Rusi
- University of Tirana, Faculty of Law, Place "Mother Tereza", Tirana, Albania
Abstract:
Since 2016, Albania has undertaken extensive judicial reforms to enhance judicial integrity and combat corruption, involving constitutional amendments and the introduction of several new laws. A central component of these reforms is the βvetting processβ designed to reassess all sitting judges and prosecutors according to three primary criteria: assets assessment, background assessment, and professional competence. The established vetting bodies, consisting of the Independent Qualification Commission (IQC) at the first instance and the Special Appeal Chamber (SAC) for appeals, are required to issue a reasoned decision after each re-evaluation phase, either confirming the individualβs position or suspending or dismissing them from office.
Albeit the reformβs purpose of strengthening judicial independence is legitimate, it raises significant concerns regarding its impact on private and family life, particularly in cases where dismissals or suspensions occur due to the failure to justify assets.
This paper investigates the application of the proportionality test in balancing Albaniaβs judicial vetting process with the right to private and family life, enshrined in Article 8 of the European Convention on Human Rights (ECHR), examining the tension between the legitimate aim of judicial accountability and the protection of fundamental rights, with particular attention to recent ECtHR jurisprudence on asset assessments and fair proceedings.
The paper provides a broader reflection on how ECtHR case law can serve as a safeguard against the consequences of judicial reforms that might unduly disrupt private and family life, underlining the need to adhere to the proportionality principle.
In conclusion, the paper asserts that the ECtHRβs proportionality doctrine is a fundamental mechanism for ensuring that Albaniaβs judicial vetting process respects and carefully balances the public interest and the potential violation of private and family life
Tenth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research - LIMEN 2024 - International Scientific-Business Conference β LIMEN 2024: Vol 10. Conference Proceedings , December 5, 2024
Conference Proceedings published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia
ISBN: 9788680194929 , ISSN: 26836149 , DOI: 10.31410/LIMEN.2024
Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-Non-Commercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission.
