Ministry for Europe and Foreign Affairs

I am very pleased to be here today and share some thoughts with this distinguished audience on the importance of the rule of law and the efforts we have been investing during the last two and a half decades to build a new reality for ourselves and design a new future for our children. Thank you Minister Grapperhous for the invitation, the hospitality and the opportunity to share this platform today:

Thank you Asser Institute, Center for International Legal Cooperation CILC, International Center for Counter-terrorism ICCT, Ministry of Foreign Affairs and Ministry of Justice and Security, as well as the Netherland Helsinki Committee.

The need to entrench in our society the concept and practice of the rule of law has been at the core of our overall efforts for the last two and a half decades. We have been in this journey, together with our friends and partners. I want to start by expressing my appreciation to our European friends, and particularly to the Netherlands, for their continued assistance in helping Albania build and consolidate the rule of law.

It is common settle: the concept of the rule of law comes a long way. Scholars indicate that the rule of law was first codified in the Magna Carta in 1215, when English nobles demanded that King John’s powers to arbitrarily arrest or imprison them be curtailed. The charter states that even the King had to follow the law:

This principle set the foundations of what would become later the architecture of modern societies, where different powers are clearly defined and distinctly separated.

The Rule of Law is widely considered as the most significant and influential accomplishment of Western thinking and it is a pillar of a liberal democracy. At the international level, it relies at the very foundation of the Charter of the United Nations.

This basic predicament, that the Law is the same for everyone, has helped create a society based on citizenry, where welfare, liberties and freedom of everyone are guaranteed.

But law without law enforcement is not enough: Experience has shown that law makes sense only when applied by law-enforcement agencies consistently, faithfully and impartially. Government officials, along with everyone else, should be legally and publicly accountable in the courts. For that to happen, the basic precondition is that the judiciary is efficient, highly qualified and independent from political or economic interests.

Now let me put this highly normative or perfect mirror against the imperfect image of Albania’s transition to democracy and to a rule of law based society:

Since the very first moments that Albanians decided to embrace change, in early 90ies, the integration into the European Union has remained the most important priority of our foreign policy. Yet, for a country that had suffered for five long decades under one of the most orthodox communist regimes, the establishment and the strengthening of rule of law would prove to be both the most important and most difficult drive.

In 2014, based on the progress made, the Commission made a recommendation and the EU granted Albania formal candidate status while asking for more progress and reforms on five key priorities, including most notably, the judiciary area. It was made clear that narrow reforms, and patchy improvements were not a sustainable option for deep structural transformation.

Confronted with long-standing, structural problems that had eroded public trust, the Albanian government was faced with a historic challenge and opportunity to bring about the necessary changes in order to strengthen the rule of law.  Something bold, comprehensive and transformative was needed. This is how the ongoing justice reform was brought to life.

Through an unprecedented commitment and political will, 1/3 of the Albanian constitution was amended in 2016. This was followed by the adoption of several key laws and other decisions necessary to begin the implementation.

Under the new provisions, all judges and prosecutors are undergoing a process of vetting of their professional and personal integrity as well as a check of their personal assets. The working of the vetting commissions are closely monitored by the International Monitoring Operation, where, it must be said, the Netherlands is highly represented: 2 out of 8 of the International Monitoring foreign team are Dutch.

Also, an entirely new justice architecture has finally been agreed so as to reduce any political interference. This makes the reform unprecedented and unique both, in its content and depth as well as in the role assumed by the European and international partners in this endeavour.

We believe that what we are doing will not only serve our society better:   it may as well serve as a model for change in the judiciary in the region as well. In this context, we appreciate the attention and space dedicated in the Commission’s Strategy of Enlargement which appears a list of all countries, including those that are already negotiating with the EU, must take in order to strengthen rule of law earlier rather than later in the accession path.

We are aware of the necessity of an independent, impartial and efficient judiciary; we are also convinced that progress in the implementation of  reforms in this area will have a direct impact on other critical areas of public life, such as fundamental rights, fight against corruption and organized crime and not least business and trade climate. Being the second largest investor in the country, the Dutch can tell the difference that the strengthening of rule of law makes for the encouragement and sustaining of the interest of investors in the country.

No doubt that what we have achieved constitutes a solid basis for further forward movement on Albania EU integration as it will lay the ground for further work to be carried out in the framework of the negotiations on chapters 23 and 24.

In this context, I would like to once more echo my key message: we have made a national choice, that of joining the European Union. The few months ahead are particularly important is this respect. The publication of Enlargement Strategy is an important effort to bring the Western Balkans closer to the EU. We are encouraged and remain determined to make the best use of every day, every week and keep this positive momentum.

It is high time to open a new chapter and engage into the most transformative exercise and put the perspective of integration into secure rails, the accession talks. Like we have done with the strong resolve shown for the reform of the Justice system, we will spare no efforts to achieve this. We cannot do it alone; we will need help and assistance. I sincerely hope that the Netherlands will be part of it.
In the way of concluding, let me say a few words about the Matra Rule of Law 25 which is being implemented to strengthen institutional capacity in the field of Rule of Law in Albania and several other countries.

The training programs, which are offered each year, have introduced the participants to best practices in a wide range of rule of law themes, like the integrity of public officials, administration of justice, human and minority rights etc. By combining theory, practical skills and study visits, policy advisors, members of the judiciary and other civil servants acquire the knowledge and skills necessary to drive reforms and better their working methods.

Matra has also enabled participants to become part of a large transnational network of alumni, lecturers and relevant government departments, here in the Netherlands and in the target countries. It has proved to be a platform for learning, exchange and collaboration. Personally, I truly believe that the young generation which has neither burdens of the recent past, nor is entangled in vested interests and which can take the best education and training possible through Matra program, or other European programs, which will make the long-term and sustainable difference. I would like to thank the Netherlands for helping us set the ground for the work and the change that this new generation will bring.

Thank you.