From Backlog to Breakdown

Albania’s Vetting Commission recently concluded its mandate, marking a pivotal moment in the country’s judicial reform effort. Since 2016, Albania has enacted significant constitutional amendments aimed at comprehensive reforms. These included substantial changes to the governance system of the justice sector, transferring powers from the executive branch to the new judicial council, with a primary focus on combating corruption. The results of these reforms are now obvious, with notable improvements in the judiciary’s anti-corruption efforts. However, the process itself and some interim decisions have had a detrimental effect on the efficiency of the judicial system, that is now threatening to undermine the outcome of reforms unless urgent measures are taken.

The Special Anti-Corruption Court and prosecution (SPAK) is a success story, proving to Europe and to the Albanian people that impunity is nearing its end. High-profile indictments, such as those against the former president of the country and the current mayor of Tirana, show that no one is beyond its oversight and jurisdiction. Even after some reluctance, Edi Rama’s Government has finally acknowledged this rigorous enforcement of the rule of law as a positive step toward getting Albania closer to the European Union.

The Vetting Process: A Victory Tale with a Caveat

To tackle judicial corruption, the country implemented a strict re-evaluation process known as vetting to verify the assets of judges, among other things. The new Albanian constitution set up a new inspection body to investigate judges’ misconduct, and established a transitional vetting system to scrutinize the judiciary’s integrity. Additionally, a specific structure was introduced for the prosecution and adjudication of corruption cases. Despite a few controversial decisions, the process has largely been transparent and effective. The outcome of the vetting process in Albania supports two main conclusions: public perception of judicial corruption was not unfounded, and the process significantly reduced the number of judges. Now, considerable efforts are required in order to address the resulting shortage. The backlog of cases has become increasingly unmanageable, with judicial proceedings taking longer than ever, thus risking public trust in the justice system.

The first phase of re-evaluation (the appeal phase will last until the end of 2026 and some cases will be reviewed) ended with some sixty percent of Albanian judges failing the asset verification process. This led to the dismissal or preemptive resignation of 207 judges out of 400 vetted judges, while only 165 were confirmed in office in the entire country. Failing the asset verification process does not necessarily imply corruption, but the high number of dismissals underscores the public perception about judicial corruption. Therefore, the mechanism has proven to be effective in the fight against corruption.

The resulting corruption-free judiciary must now tackle efficiency-related challenges crucial for ensuring the rule of law and legal certainty. The vetting process has left the judiciary with a severe shortage in the number of judges, threatening its ability to perform essential functions. The situation is raising concerns. At the start of the vetting process, the average length of resolution of civil cases was 250 days; by the end of the first phase of the vetting process, it had increased to 1250 days. With a population of 2.5 million, Albania currently has around 120,000 pending cases in ordinary courts. Some administrative courts, according to the official data of the Council of Justice, face extreme delays, with case resolution average time being fourteen and a half years. The Supreme Court’s backlog of thirty thousand cases means appeals may take over twelve years to resolve, effectively denying justice.

The Growing Threat of Judicial Inefficiency

Public distrust in the judiciary has shifted from corruption concerns to inefficiency concerns. Simple cases, such as inheritance certificates or divorces, challenging fines or disputes over rental contracts are often delayed for many years, guiding many Albanians to seek alternative conflict resolution methods. The right to presumption of innocence and the initiatives for fighting criminality are at risk in criminal cases.

To address these issues, Albania has approved a strategy including legal reforms to enhance mediation, improve case management, and create new specific task forces within the courts. However, these measures are insufficient to address the pressing shortage of judges, amounting to little more than a drop in the ocean. The lack of judges and the new judicial map adopted last year will preclude any solution in the midterm.

The current situation is primarily due to a shortage of judges and magistrates caused by the vetting process. Albania has around 250 judges effectively in office now, down from over four hundred before the vetting. Even then, Albania had one of the lowest ratios of judges per population among Council of Europe countries. Now, this ratio has declined further, potentially jeopardizing the efficiency of the system. Albania needs nearly twice as many judges to reach the average ratio of the Council of Europe countries. Only to return to the situation seven years ago, more than 150 new judges would be required.

The authorities have opted against increasing the number of new judges and instead chosen to re-distribute existing ones, leading to the closure of many regional courts. The governing bodies of the judiciary, with the support of external advisers, have designed and approved a new courts distribution plan for Albania. This plan involves closing courts in smaller towns and merging several others. The rationale behind this was the unequal distribution of cases among courts, with less populated areas experiencing significantly lighter workloads than Tirana and Durres.

However, without increasing the number of judges, the outcome has been a prolongation of case processing times across all Albanian courts. This new distribution raises serious concerns regarding access to justice. This basic principle – included in Article 47 of the EU Charter – ensures that in case of violations of rights guaranteed by laws, individuals can go before a court to claim that their rights are respected. This is now particularly complicated for individuals living in remote areas, considering Albania’s geography, limitations of its public transportation system, and poor road quality. Furthermore, this restructuring was approved without the necessary allocation of funds or infrastructure. For example, the consolidation of the four first-instance administrative courts into a single court in Tirana occurred without securing adequate office space for the appointed judges. The logistical challenges and reorganization efforts have exacerbated the procedural delays, resulting in a decreasing clearance rate and an increasing backlog of cases.

National and international reports indicate that local magistrates view the new distribution positively, noting career advancements and transfers closer to home. Despite the optimistic assessment by Albanian judicial authorities, and its endorsement by the EU Commission, the new system may hinder access to justice for Albanians and worsen trust in the judicial system.

The new judicial map proposes a final picture of the system with 325 judges, 80 fewer than before the vetting process began. According to demographics, for being in the average of Council of Europe they should have 450 judges minimum. Despite the clear need for more courts and magistrates to guarantee the rule of law, Albanian institutions show poor commitment to improving the situation. The High Judicial Council and the School of Magistrates recently set a quota of only ten new candidates for the next academic year, insufficient to make up for those leaving due to dismissals or retirements. It is much below the capacity of this training body, as, for instance, in a few months, forty-five judges will enter the system upon completion of their initial training with the School. In 2025, the school only accepted ten new candidates. Various internal reasons may explain the refusal to increase the number of the new admissions. In any case, such reluctance signals a lack of commitment to the country’s future.

A Challenging Road Ahead

Constitutional reforms were necessary for altering and redefining the system. They were required to enhance the independence of judicial institutions; however, the lack of checks and balances may indicate that they have fallen into corporatism and neglected their constitutional duties. This is particularly a concern among the high councils, which have been reluctant to properly exercise their competences of inspection and sanction. On the other side, the role of the High Justice Inspector is a good example of independent commitment to the reforms. Additionally, the increased focus on the governance of judicial institutions has led to the neglect of regular courts. The resources and infrastructure available to high institutions contrast with the poor conditions of the courts. Over the last twenty years, for example, Albania has not succeeded in implementing a unified case management system.

In recent decades, the European Union has invested millions in the Albanian justice system. However, despite the substantial financial contribution from European taxpayers – primarily in the form of technical assistance provided by well-paid experts – the impact on the lives of Albanian citizens has been minimal. The lack of a clear vision for utilizing resources and the Union’s inability to establish clear and effective priorities have diminished the potential benefits of this significant investment, which is crucial for securing Albania’s future. At present, without a deeper commitment to high-level judicial institutions, the Albanian judiciary remains below the quality and efficiency standards expected of a prospective EU member and required by society. While the efforts to combat corruption have been commendable and deserve recognition, it is now imperative to focus on rebuilding a reliable and functional justice system. This task is challenging, and all stakeholders must reassess their roles to ensure the rule of law in the country. The risk of Albania becoming a failed state has not been fully dismissed yet.