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Shqipëria Posted on 2025-07-08 13:15:00

'The reform delivered what was expected from Albania' - Gonzato: SPAK is a fundamental institution, stop the pressure on Justice!

From Edel Strazimiri

'The reform delivered what was expected from Albania' - Gonzato: SPAK

The European Union Ambassador to Tirana, Silvio Gonzato, stated today that " the justice reform has delivered what was expected of Albania, in terms of independence, accountability and has also made a very significant contribution to the progress Albania has made on its path towards the EU."

He stressed that there is still much work to be done, especially in the implementation of this reform, but added Gonzato, " we continue to encourage all relevant institutions, including independent justice institutions, to continue working with this goal in mind."

In his speech at the roundtable discussion " Assessment of the Institutional Architecture in Function of the Performance and Integrity of the Special Prosecution: Guarantees for Independence and Accountability Mechanisms Organized by the Center for the Study of Democracy and Governance", Gonzato assessed that this reform has created a balance between independence and accountability in the judicial system, but added that much work is still needed for its full implementation.

"I want to see the glass as half full and not half empty because we need to maintain these positive steps that have already been taken ," said the ambassador. Gonzato also spoke about the progress of the High Prosecutorial Council (KLP) in evaluating prosecutors according to performance, while emphasizing that criteria such as efficiency, ethics and managerial skills should be reviewed in a structured manner.

He said that the responsibility for accountability does not only belong to the KLP, but also to institutions such as the ILD and the School of Magistrates, which are strengthening cooperation to increase transparency and accountability in the justice system. “ The High Prosecutorial Council has the power to assess the performance of prosecutors, according to certain indicators and to review the annual reports of the Prosecutor’s Office ,” he said.

But, he added, "investigative activities themselves should not be subject only to the unlimited supervision of the KLP, because as far as the public interest is concerned, the KLP is not the appropriate forum for holding prosecutors accountable for investigations, because disciplinary matters arising from legal or systemic violations are part of the competences of the High Inspector of Justice, before the KLP takes any action."

Gonzato emphasized that, "this separation is very important, because it makes a strong distinction between routine performance, through evaluations, and those that are disciplinary procedures, which is actually a different mandate."

"Understanding this role is very important and fundamental in terms of accountability and integrity. As for regular reporting by justice institutions including SPAK, parliamentary procedures are clear. Apart from this election year, reporting has always been ongoing," Gonzato said.

Of course, he added, "it is the prerogative, the precondition of the Assembly to determine the level of commitment for these reports, which means that every year the Assembly adopts resolutions in which the conditions and steps that must be followed are clearly indicated in order for these institutions to make their reports. This is in the hands of the Assembly and this is what the Assembly should do."

However, Gonzato continued , "this type of accountability cannot be to the detriment of the independence of these bodies, because the legislature and these institutions are independent and cannot be dependent on each other. Of course, there is room for improvement, because the deputies themselves can engage in a more concrete and detailed way on these institutional reports in the public interest."

Highlighting some of the previous EU annual reports, Gonzato said that , “The KLP has made progress in adopting its own internal regulation and is already working to strengthen mechanisms for conflict of interest. This is an issue that needs to be addressed urgently. Strategic communication, whether from the prosecution system or the Special Prosecution Office, needs to be improved.”

Gonzato underlined that, “this ability is fundamental and vital for public trust”. We have also, added the ambassador, “recommended the approximation of the appointment procedures for non-magistrate members of the KLP and the KLGJ with those of magistrate members, that is, the same checks on assets and background before appointment”.

“We believe that stable legal procedures that ensure these equal mechanisms are essential. Transparency in appointments, promotions and evaluations should also be strengthened,” he said. “Of course, there are privacy concerns, but the public deserves to have oversight of the elements that guarantee professionalism, the absence of nepotism and integrity in the judiciary ,” Gonzato stressed.

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