Presidenti i Republikës së Shqipërisë

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The President of the Republic, H.E.Mr. Bajram Begaj delivers the welcoming speech at the international conference on the occasion of the 30th anniversary of the establishment of the Constitutional Court

The President of the Republic, H.E.Mr. Bajram Begaj, delivered a welcoming speech today, at the international conference ‘The Role of Constitutional Courts in New Democracies’, organized on the occasion of the 30th anniversary of the establishment of the Constitutional Court of Albania.

President Begaj emphasized that, ‘the Constitutional Court is a cornerstone for building the rule of law and guaranteeing basic human rights and freedoms’.

‘The justice reform, strongly supported by our European and American partners, has brought positive developments for the Constitutional Court and access to constitutional justice’, noted President Begaj.

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The Head of State also emphasized that, ‘transparency remains essential to maintain public trust in the Constitutional Court and to ensure an easier and better access of citizens to justice. Independence and impartiality require appropriate financial support and budgetary autonomy, to enable functionality, self-regulating ability and to not allow any enchroachment, by any branch of power’.

Below, you can read the full speech from the President of the Republic, at the conference that marked the 30th anniversary of the establishment of the Constitutional Court:

Honorable Madam Speaker of the Assembly,

Honorable Prime Minister,

Distinguished members of the Constitutional Court,

Your Excellencies Ambassadors, participants and guests,

The changes of the 90s and the great turn towards democracy, brought the need for the creation of the Constitutional Court, as a cornerstone for the construction of the rule of law and the guarantee of basic human rights and freedoms.

30 years are not much to consolidate a key institution for the democratic order of a country, but are not less, either.

For a country, that left behind a dictatorial past, with institutions completely controlled by the party-state, it was impossible in this new journey, to avoid facing numerous challenges.

The basic concepts of the functioning of institutions in democracy, such as the separation of powers, check and balance, impartiality of justice, may seem simple in the human intellectual level, but their implementation was and remains complex.

It includes not only the reformation of the constitutional and legal framework of many institutions, but also a new mindset, a new professional and intellectual training of many institutional and social actors, inside and outside the justice system.

Since 1992, the Constitutional Court has examined cases of various natures and has been confirmed as a balanced and determined institution in the journey towards the best standards.

Prominent names of Albanian jurisprudence have been part of this institution and have laid the foundations of constitutional justice in our country.

Today is the best day to express the highest appreciation to all the members and leaders of this Court over the years, who have worked diligently to build a Court with authority, similar to the counterpart courts in Europe.

It is the right day to support the judicial panel in their work, to ensure that power is always exercised within constitutional legitimacy and that the public interest is protected at all times.

I believe, that you will discuss extensively today, about what has gone well and about the difficulties, to what extent the independence of this Court has been supported and enabled in its activity.

Occasional legal changes, in these 30 years, have put the Constitutional Court in front of various challenges, affecting aspects of organization, competences and normal functioning.

The justice reform, strongly supported by our European and American partners, has brought positive developments for the Constitutional Court and access to constitutional justice.

The adjustments in the way of choosing and appointing judges of the Court, the inclusion of several constitutional bodies, with detailed competencies, has enabled a selection based on professional merit and detachment from political influence.

Expanding the circle of entities that can initiate a constitutional trial is also a positive development.

Allowing an individual appeal against any act of public power or judicial decision, increases the control over the constitutionality of the acts and provides greater protection of the fundamental rights and freedoms guaranteed in the Constitution.

Transparency remains essential to maintain public trust in the Constitutional Court and to ensure an easy and qualified access of citizens to constitutional justice.

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Honorable participants,

The functioning of democracy and the rule of law is a non-negotiable condition for our unchanging objective: membership in the European Union.

The Integration Agenda, especially after the opening of membership negotiations, increases the tasks for all the country’s institutions.

The Progress Report, published a few days ago, evaluated the progress in the new justice institutions, but also pointed out the problems that have affected the efficiency of the judicial system.

The report calls for improving the pace of vetting procedures, without damaging the quality of the process, as well as increasing efficiency and transparency in the courts and the Prosecutor’s Office.

The development of constitutional jurisprudence according to the best practices, cooperation with counterpart institutions in Europe and America, are important for consolidating the authority of the Court and strengthening its independence.

Independence and impartiality require appropriate financial support and budgetary autonomy, to enable full functionality, self-regulatory ability and not to allow any encroachment, by any branch of power.

Dear members of the Constitutional Court,

What you should not forget whenever you are facing with a decision, easy or difficult, is that the Constitutional Court is the Crown of Democracy of a country and the Guardian of Social Peace!

I am convinced of your professionalism and willingness to be an impartial defender of the best interests of the country, of the individual, and guarantor of the democratic, legal and constitutional order.

Thank you for the invitation and congratulations on organizing this international conference.

Best of luck with your future endeavors!