A PRACTICAL AND ANALYTICAL APPROACH TO THE ALBANIAN MECHANISM FOR VIOLATION OF REASONABLE LENGTH REQUIREMENT IN JUDICIAL PROCEEDINGS

Abstract

In Albania, a major constitutional reform took place in 2016 that aimed at strengthening the independence and accountability of the judiciary and had, as its main pillar, the vetting process for judges and prosecutors. Other major interventions were ratified following the constitutional amendments that aimed at securing speedy procedures before the courts. Therefore, amendments to the Code of Civil Procedure were envisaged and introduced a mechanism to give impetus to accelerating the judicial proceedings.

This article will mainly address the effectiveness of this instrument and the behavior of the courts towards claims based on that mechanism. This analysis will be conducted in the current setting of the Albanian judiciary which is facing a considerable backlog of cases. Through an analytical approach and examination of the jurisprudence, the authors suggest that this mechanism is designed to work in a normal situation where courts are adequately equipped with human resources, both judges and aiding staff.

Keywords: reform in the judiciary, protracted proceedings, effective remedy, violation of reasonable time, fair trial.