The independence of justice institutions, reforms in the sector and concrete results in tackling corruption remain decisive elements for Albania’s membership in the European Union.
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In an interview with Euronews Albania, Michael McGrath, the EU commissioner for democracy, justice and the rule of law, praised the steps taken since 2016, but stressed that the main focus now should be on strengthening institutions and ensuring their full independence.
“The final phase often proves to be the most complicated, and obstacles and difficulties will undoubtedly arise. However, given the level of commitment we have seen so far from the Albanian authorities, I believe we can be optimistic that the final objective is close. Therefore, let us work together. Of course, justice reform has been decisive for the progress made so far, but there is still work to be done,” he said.
Commissioner McGrath also placed particular emphasis on SPAK, stressing that the institution plays an essential role in confronting high-level corruption and organized crime. He called for support from the political class and state bodies, as well as sufficient funding for the structure.
“It is essential that they have the necessary resources, the appropriate powers and the ability to confront individuals involved in high-level corruption and organized crime, which seriously harm ordinary citizens,” he added.
Regarding the issue of magistrates’ salaries, the commissioner stressed that court decisions must be enforced and that an independent justice system is a prerequisite for the country’s economic development.
“First, it is the responsibility of the Albanian authorities to determine the level of remuneration for magistrates. However, when there is a court decision, as in the case of the Constitutional Court, it must be implemented, and we welcome the fact that the magistrates have been paid,” McGrath said.
During his stay in Albania, European Commissioner Michael McGrath held meetings with the country’s highest state and justice system leaders to discuss the progress of its European integration process.
Full interview:
Journalist: Commissioner, first of all, thank you for agreeing to this interview with Euronews Albania.
Commissioner: Thank you for the invitation!
Journalist: Justice reform in Albania is entering its tenth year of implementation. How do you assess the results achieved so far, considering that today you met with most of Albania’s leaders, including the prime minister, the minister of justice and other senior officials?
Commissioner: First, I am pleased to be visiting Albania and to see firsthand the progress made on the path toward membership in recent years. A key driver of this progress has been justice reform, which has continued since 2016, the vetting process, the establishment of SPAK, as well as other important reforms. We recognize the progress Albania has continued to make recently.
Albania is now a country leading the way in terms of its path toward membership. My main message during this visit is that I am here to support and assist. The European Commission wants to offer Albania every possible form of assistance during the remaining steps of this journey.
It is now essential that we all work together to support these efforts and capitalize on the momentum that has been created, building on the achievements already made. Because sometimes the final kilometer is the most difficult, and there will undoubtedly be challenges and difficulties. But given the level of commitment we have seen so far from the Albanian authorities, I think we can be confident that the final goal is near. So let us work together. Certainly, justice reform has been essential to the progress made so far, but there is still work to be done.
Journalist: Today you also met with Mr. Braho, the head of SPAK. How do you assess SPAK’s work so far in the fight against corruption and organized crime over these 10 years, not only during the period in which Mr. Braho has been at its helm?
Commissioner: We recognize the essential role that SPAK is playing in the fight against high-level corruption and organized crime in Albania. They have a difficult job, and for precisely that reason, the full support of the entire political system and all public bodies is so important to the work they carry out, together with the support of the general public.
Therefore, it is very important that they have the level of resources they need, the appropriate powers and the ability to confront people involved in high-level corruption and organized crime, which place a significant burden on ordinary citizens.
We must never forget the reality that corruption is not a victimless crime. It often involves the use of scarce public resources that people would rather see invested in improving the quality of public services in the country.
So I was pleased to have the opportunity to express the European Commission’s full support for SPAK’s work. It is important that all political actors also publicly express their support for SPAK and its work, because this support is essential. It is crucial for citizens to hear that political support exists at the highest level.
We look forward to seeing further progress in strengthening the results achieved in investigations, prosecutions and convictions, both in cases of high-level corruption and organized crime.
But the truth is that corruption must be fought at every level. This is why the role of Albania’s other prosecutorial services is also important.
It is also necessary to address the root causes of corruption as it occurs and to put appropriate safeguards in place at all levels.
Having a free and independent media sector is very important. Having an inclusive and dynamic civil society is also an important foundation of an open democratic society in which corruption has been eradicated. Likewise, issues such as lobbying, the revolving-door practice and similar matters are issues on which the European Commission has focused across the European Union, as well as in candidate countries.
Journalist: To what extent has Albania met the rule-of-law and anti-corruption criteria as part of the EU integration process? Where is further progress needed?
Commissioner: I think it is important to recognize the very good progress achieved so far, the establishment of new institutions and the reforms implemented. What matters most now is that they produce concrete results in practice.
We are seeing a period of consolidation, during which these institutions are provided with the necessary level of independence and resources to carry out the essential duties they have within Albania’s justice system. For me, the key issue is ensuring that they have the political and financial support to do their work, and that this ability is guaranteed in terms of access to the work of these authorities.
The European Commission is ready to continue supporting Albania’s efforts in this regard and to ensure that these authorities are fully fit for purpose, are carrying out their assigned duties and that there is full respect for the independence of the key actors in the justice system, whether magistrates, judges or prosecutors. Their independence is absolutely essential in every open democratic system and is also a European standard that I know Albania fully accepts.
Journalist: Should the justice system be given financial independence, in connection with the debate over magistrates’ salaries, which has been a hot issue here in Albania in recent months?
Commissioner: We have followed the ongoing developments in this regard. First, it is up to the Albanian authorities to determine the level of remuneration for magistrates. However, when there is a court decision, as in the case of the Constitutional Court’s decision, it is important that it be implemented, and we welcome the fact that the magistrates have been paid.
We understand that there is a further appeal concerning certain issues related to this matter. I would emphasize the general idea that we want becoming a magistrate to be an aspiration and ambition for people who have the required education and experience. Because we want the best people to administer justice in Albania. For this reason, it is important that remuneration and the overall level of resources supporting their work be appropriate and reflect the importance of their role within the justice system.
Having a truly independent justice system, with capable people carrying out their functions, is an essential foundation not only of a democratic society but also of a successful economy.
That is because confidence in and certainty about the justice and judicial systems are absolutely vital to ensuring that investors, businesses and consumers have the necessary confidence to play a full role in the development of Albania’s economy.
Journalist: The case involving the former head of the State Intelligence Service has raised questions about the oversight and accountability of security institutions. What do you expect from the Albanian authorities in such cases?
Commissioner: We do not comment on any individual case, but we reaffirm the principle that I know has been expressed previously here in Albania: no one is above the law, and everyone must be held accountable for any wrongdoing of which they may be guilty. Of course, they are entitled to due process and fair procedures, as well as the right to be part of an effective justice system.
But it is up to the authorities to pursue the evidence and bring cases when they consider it appropriate, and ultimately to present evidence before independent courts, which will then rule based on the evidence presented in court.
That is how our system should work. Everyone should be given a fair trial before the law in Albania, as well as throughout the European Union. At the same time, their rights must be protected. However, it is important that evidence be pursued in all cases and that wherever corruption is identified, it be brought before the courts, while the courts will then decide on the appropriate action.
Journalist: One final question. Is there currently any issue that could slow Albania’s progress on the justice and rule-of-law chapters?
Commissioner: We strongly support the ambition Albania has set to close all the chapters by the end of next year. We must emphasize again that we follow what is known as the “Fundamentals first” principle. In other words, the group of chapters covering, for example, the rule of law and justice, the fight against corruption and fundamental rights is where everything begins, and it is also where everything ends.
What is important is that there be a sustained commitment to reforms and to supporting the institutions that give life to the aspirations of having a truly independent and effective justice system, a sound rule-of-law environment and a country where corruption is not tolerated at any level.
We need to see the continued progress of the institutions that have been established, as well as the political support provided to these institutions, including financial support, since it is important that they have the necessary resources to carry out their duties. And I, as commissioner, see that the progress here in Albania has been impressive.
We want this to continue. We will be partners for the remainder of the journey, as we have been from the beginning, because we see Albania very much as part of the European family. We know that the level of public support for EU membership is exceptionally high here in Albania, and we want to welcome Albania into the European Union as soon as possible.
But for us to be able to do this, it is important that we continue to work together and remain truly focused and committed to implementing the reforms. At the heart of all this is the importance of independent justice systems that are respected in every sense of that independence.
The European Commission will be a willing partner in supporting the efforts of the Albanian authorities to meet all the closing benchmarks, so that all chapters can be closed as soon as possible and we can move on to the next, more final stages of the membership process.
Journalist: Thank you very much for your time!
Commissioner: Thank you very much!
