A definitive solution is needed for magistrates’ salaries/ Prosecutor General Çela: No postponement through decisions that do not respect the Constitution!

Prosecutor General Olsian Çela has called for a definitive solution to the financial treatment of magistrates, an issue that has been debated for some time between the executive and the justice institutions.

Speaking at the meeting of prosecutors, Çela stressed that decisions should not serve to postpone the problem, but must respect the standards established by the Constitutional Court.

He said that the General Prosecutor’s Office had also conveyed this position in its official communications with Parliament and was ready to contribute to any initiative aimed at achieving a comprehensive solution for the magistrates’ salary system.

“This requires real and constructive dialogue among all parties, aimed at resolving the problem rather than postponing it through decisions that do not respect the standards established by the Constitutional Court. The General Prosecutor’s Office has clearly conveyed this position, both in its official communications with Parliament during the legislative process and afterward. We will welcome and actively contribute to any initiative that guarantees a comprehensive solution for the magistrates’ salary system in accordance with these standards,” Çela said in his speech.

The Prosecutor General reiterated his opposition to the need for a new Criminal Code and the related draft, while praising efforts to improve the criminal procedural legal framework.

“While I have maintained a clear position opposing the need for a new Criminal Code and the related draft, I view positively every effort to improve the criminal procedural legal framework. The prosecution service will be a constructive contributor to finding solutions that ensure an efficient investigation and trial system, while also guaranteeing the rights of the parties to the proceedings. Improvements in this area are a genuine necessity, especially given the workload, which has also resulted from several inefficient choices made in the amendments to the Code of Criminal Procedure in 2017. For the umpteenth time over these years, I must say publicly that there is a need to prevent the process from slowing down at the preliminary hearing stage; therefore, we must find appropriate solutions that clearly respect procedural functions in accordance with constitutional standards and, in this spirit, also ensure respect for the procedural guarantees of the parties. Beyond this issue, every change must be carefully considered, in line with experience but also with our infrastructure and human-resource capacities. Nevertheless, I must stress the necessity for the consultation process to be constructive, inclusive and afforded the necessary time,” the Prosecutor General said.

Olsian Çela also highlighted a number of problems facing Albania’s prosecution system, stressing that the lack of human resources, the heavy workload and inadequate infrastructure continue to pose significant challenges to the functioning of the justice institutions.

Full speech

Dear guests and colleagues,

The process of electing new members to the High Council of Prosecution is not only an essential element that guarantees its partial renewal through a transparent electoral process, in compliance with the law; it also serves as an opportunity to reflect on its functioning to date, its achievements and the shortcomings identified, as well as the vision and challenges that will need to be overcome.

I will neither analyze nor offer an opinion as Prosecutor General on these issues, because today is in fact the day when each of you, through your vote for the election of your preferred candidate, will express, to the extent allowed by the process, your will and perspective on all of the above.

Nevertheless, I must say that it is important for every prosecutor to bear in mind what this council has done and will do with regard to guaranteeing prosecutors’ independence in the exercise of their functions, ensuring and protecting their status, merit-based career advancement, and accountability through a transparent and objective disciplinary process. Taken together, these aspects of the council’s functioning guarantee the normal operation of the prosecution service as one of the main components of the justice system.

The prosecution service has been going through an extremely difficult period for several years because of vacancies in its staffing structure and the resulting workload. This was accompanied by the challenges naturally brought about by the integration of a large number of new magistrates into the system, as well as the need to establish new relationships within offices and between levels, within the framework of a decentralized prosecution service.

It was the contribution and sacrifice of each one of you that helped prevent the collapse threatening the prosecution system and enabled its gradual adaptation to the new organizational structure, without at any point diminishing the contribution made in this regard by the High Council of Prosecution in accordance with its constitutional role.

Despite the overall positive achievements, particularly the objectives related to the country’s integration process, we still have a great deal of work to do. Reducing the number of backlogged case files, increasing the speed and quality of investigations and courtroom representation, respecting fundamental human rights and freedoms, further consolidating cooperation with our partners at home and abroad, and increasing professional, technical and infrastructure capacities all require constant and comprehensive commitment.

The new case-management system, which will be completed in 2028, represents a challenge in terms of efficient adaptation, but also an opportunity to finally align institutional activity with the digital era. Resolving infrastructure problems in several prosecution offices across the country is an urgent necessity and represents a critical issue with the potential to hinder the smooth conduct of work; it cannot be resolved without the support of the executive. Although considerable progress has been made in this direction by ensuring normal working conditions in a large number of prosecution offices, completing the projects launched in offices facing problems, such as those in Tirana, Durrës, Fier and Sarandë, will take time, while filling the staffing structures will worsen the situation sooner than the time needed to complete them. Finding alternative solutions during the interim phase should be treated as a priority by all potential contributors to this process. Providing suitable infrastructure will also pave the way for staffing prosecutors’ offices with support personnel in line with European standards.

While I have maintained a clear position opposing the need for a new Criminal Code and the related draft, I view positively every effort to improve the criminal procedural legal framework. The prosecution service will be a constructive contributor to finding solutions that ensure an efficient investigation and trial system, while also guaranteeing the rights of the parties to the proceedings. Improvements in this area are a genuine necessity, especially given the workload, which has also resulted from several inefficient choices made in the amendments to the Code of Criminal Procedure in 2017. For the umpteenth time over these years, I must say publicly that there is a need to prevent the process from slowing down at the preliminary hearing stage; therefore, we must find appropriate solutions that clearly respect procedural functions in accordance with constitutional standards and, in this spirit, also ensure respect for the procedural guarantees of the parties. Beyond this issue, every change must be carefully considered, in line with experience but also with our infrastructure and human-resource capacities. Nevertheless, I must stress the necessity for the consultation process to be constructive, inclusive and afforded the necessary time.

Beyond the above, the issue of the financial treatment of magistrates requires a definitive solution. This requires real and constructive dialogue among all parties, aimed at resolving the problem rather than postponing it through decisions that do not respect the standards established by the Constitutional Court. The General Prosecutor’s Office has clearly conveyed this position, both in its official communications with Parliament during the legislative process and afterward. We will welcome and actively contribute to any initiative that guarantees a comprehensive solution for the magistrates’ salary system in accordance with these standards.

A year has passed since the crime that took the life of Judge Astrit Kalaja, but there is still no comprehensive, long-term solution regarding security at workplaces. Although we have taken additional measures at all prosecution offices across the country to strengthen security, we need to build a solid security system based on European standards for the entire justice system. For this reason, I will once again draw attention to the urgency of the infrastructure issue, which is inextricably linked to security.

On the other hand, we magistrates must bear in mind the need to consolidate integrity and professional standards, as well as to improve effectiveness and efficiency in investigations and trials overall. We still have a great deal of work to do to restore public trust in justice. This will be a shared effort and responsibility in response to the challenges facing the country and citizens’ expectations of the justice system.

The challenge for us as prosecutors is more complex in the current organizational context, which rests on the pillars of functional independence and structural decentralization. The need for all of us to contribute together to the functioning of this mechanism inevitably requires interaction and coordination, both within offices and between levels. The role of office heads remains essential in this regard, as through their activity they must ensure the organic link between the offices and the General Prosecutor’s Office. Passivity and incoherence harm institutional functioning, so an active and continuous contribution is required.

I have repeatedly stressed that the position of the High Council of Prosecution also plays a key role in this regard, not only in the assessment of magistrates or accountability, but first and foremost in supporting the Prosecutor General in fulfilling the responsibility assigned to him by law and the Constitution for the proper functioning of the prosecution service.

Building and consolidating a constructive relationship between the Prosecutor General and the council has been and remains a priority, and is vital to the proper functioning of the system. The progress we have made over these years was further embodied in the memorandum of cooperation signed this year, which aims to create a dynamic synergy between the two institutions.

For all the reasons outlined above, it is necessary for this electoral process, in its entirety, to be based on the premise of a positive will to build a constructive and transparent relationship between prosecutors on the one hand and the elected members and the High Council of Prosecution, as a constitutional body, on the other—one that serves its efficient functioning and compliance with the highest standards.

The new council members to be elected at this general meeting will assume fundamental constitutional and legal responsibility for guaranteeing the proper functioning of the rule of law. I believe that, through their experience and professional dedication, they will make a genuine contribution to strengthening the rule of law. I would therefore like to thank the candidates for their engagement in this process, as well as for the integrity and professionalism they have demonstrated during their campaigns, and wish them success.

Today we will also hold the election of one member from among the prosecutors to the Governing Board of the School of Magistrates. The initial and continuing professional training of candidates for magistrates and magistrates is essential to building a professional and efficient justice system. The role of this board is highly important in guaranteeing the highest standards in this area, so the election of the new member must be assessed with the utmost responsibility in order to meet your highest expectations in achieving them. The elected member must make a substantial contribution to this board in response to the challenges currently facing the justice system. In conclusion, while also wishing success to the two candidates, I would like to convey to them the necessity of serious, active and constructive engagement during the four-year term of the candidate elected by the prosecutors to this Governing Board.