Limitations by Law on the Private Interests of Magistrates. The Case of Albania in Preventing Conflict of Interest and Corruption in Justice System
Limitations by Law on the Private Interests of Magistrates. The Case of Albania in Preventing Conflict of Interest and Corruption in Justice System

Summary/Abstract: This study examines the legal framework on prevention of conflict of interest and corruption in the Albanian judicial system. It focuses on the limitations on the private interest of magistrates, regulated under the special law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania” as amended. In 2016, a profound reform of the justice system was undertaken in Albania, which brought several changes to the status of judges and prosecutors. The paper explores how Albanian legislation, in alignment with international standards, imposes restrictions to prevent conflict of interest, particularly in the context of judicial independence and impartiality. The study analyzes the legal restrictions on the private interest of magistrates and especially their families’ members, in relation to the protection of individual rights. The author raises some questions about whether these limitations are fair and necessary to safeguard the judicial system without infringing upon the fundamental rights of individuals. The paper also assesses the effectiveness of current legal measures and suggests possible legal improvements in strengthening judicial independence.

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