Speech of the EU Ambassador Silvio Gonzato at the 'Shared Justice - Promoting fair and inclusive justice reform systems in the Western Balkans' event

Dear Mr Kanani, dear Ms Skendaj,

Dear representatives of the European Young Leaders

Dear all,

Policy making on topics of such importance as 'fair and inclusive justice reform'should be inclusive, involving all relevant stakeholders and taking all relevant views into account.

And publicroundtables thatinvolve policymakers, experts, practitioners, civil society, and young leaders - like the one today - are an essential tool for achieving this and I'm glad that the EU is part of this endeavour and is supporting it, politically and financially.

Speaking about 'fairness', we need to be fair also in our discussion about the justice reform. We need to be balanced in our assessment, black and white approaches are not constructive.

In Albania, significant progress has been made over the past years in the reform of justice. Key achievements include the establishment and effective operation of independent judicial authorities, and the enhancement of their transparency and integrity, both through the extraordinary process of the vetting, but also through thenew system of continuous review [for example, the introduction of regular performance evaluation of magistrates, obligatory asset declarations, or regular individual but also thematic inspections].

The creation and empowerment of the independent special anti-corruption structures (SPAK)- which are starting to deliver results - is yet another significant step.

The reform has addressed (at least on the punitive side) a number of long-standing diseases: nepotism, political influence and corruption.

On the other hand, the vetting has had its undeniable costs. The judicial system suffers from many vacanciesas a result of this and the accumulated backlogis certainly worrisome. [Although, I take also this occasion to stress that the accumulated backlog is a matter of efficiency in a broader sense, so blaming it only on the vacancies does not give a full picture of the reality.]

Much more needs to be done in order to mitigate these negative effects: we need to develop short- but also long-term measures, as much as ensure strong leadership from the governing institutions of the judiciary.

Strong leadership depends on peopleand the choice of people sitting in these institutions. That is why the current renewal process of the two highest judicial institutions(the HJC and the HPC) is key. It is important in this context that the Parliament, and within it all political forces, take responsibility for their choicesand do so respecting the spirit of the reform, which was to ensure that only people with the highest qualifications and the necessary guarantees in terms of independenceare selected. So recurring always to a selection by lotis not the ideal solution, although the lot as such is a useful deadlock mechanism of the reform.

Reforms are difficult and they have their enemies. We should not be naïve. Corruption is a widespread societal phenomenon, and unless the institutions are strengthened and each one plays their role, there is a risk of failure. The irreversibility of the reform must be our aim.

Civil society clearly plays an important rolein that - by monitoring, reporting and defending the reform constantly.

And speaking about 'inclusiveness', the justice reform has opened a new window of opportunity for the participation of Civil Society: for example, now the members of CSO may be part of - and even chair -the judicial Councils.

This opportunity - at least in Albania - has not been utilised fully. The number of civil society applications for published vacancies has been low and there seems to have been too little engagement on that front.

Yet, the CSO presence in the governing bodies of the justice system is not a matter of legal expertise, it is an opportunity to advocate and bring about a positive change on important issues such as access to justice, civil rights, equality, but why not also juvenile justice, gender-based violence, or environmental matters and awareness among judges about it. All issues which matters for the ordinary citizens you speak on behalf of.

It would seem as if CSOs still have not adopted the justice reform as 'theirs'. They seem hesitant about being part of the reform from the inside and capitalise on the opportunitiesgiven by the reform to engage, advocate and make a difference towards achieving those 'best European standards' which are part of Albania's progress towards joining the EU.

Instead, the civil society engagement has been rather fragmented, often driven by individuals, and this is a pity. I invite you all to reflect on ways of advocacy within the judiciary, from inside the institutions.

The European Unioncertainly also plays a role in the justice reforms in Albania and the Western Balkans. We should not forget that reforms of justice have been driven in the region by the countries' commitment to advance on Rule of Law as part-and-parcel of their ambition to join the European Union. But once the EU sets high standards, it also takes on the responsibility to stand by the countries/institutions and assist them. It is part of our ambition to achieve these standards in a sustainable manner.

We assist through various financial programmes (technical assistance, budget support, but also support to civil society like this one)but also by close monitoring developments and accompanying them through intense policy dialogue.

We publish annually the country reportsand now, have screening reports for 'negotiation chapters', and will soon publish also the first 'Rule of Law Reports', similar to those of the EU member states. Please take a close look at them. I invite all CSOs to be our partner in advocating for the identified priorities and monitoring their implementation.

In addition, recently, a new tool to advance reforms, including in rule of law, has been added: the Reform and Growth Agenda ('Growth Plan'), offeringa balanced and fair approach based on conditions and rewards. That as well maybe a source of inspiration for your advocacy and follow-up.

EU integrationis a target, but it is also a process involving radical changes which involve almost every sector of our societies.

Such deep reforms, and justice reform is one of them, do not have a chance to survive for long and bring sustainable results without the involvement of all society. I stress this tirelessly, when addressing civil society, but also in the context of Parliamentary work and multi-party agreements.

This year Europe Weekwas all about EU values, such as inclusiveness, diversity, and human rights. Civil Society is the driving force for all these values, civil society is a key factor of change in these areas. So we need you to not only monitor and criticise, but also, all together, to promote, stand up and defend these values.

I trust that today's discussion will effectively contribute to reflecting on the reformsconducted, their impact, and the future needs, as well as reflecting on the contribution you can all bring and the responsibility you all have for their success.

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