Private and Family Life vs. Albanian Judicial Vetting Reform: The Proportionality Analysis Through European Court of Human Rights Jurisprudence
Private and Family Life vs. Albanian Judicial Vetting Reform: The Proportionality Analysis Through European Court of Human Rights Jurisprudence

Author(s): Iva Terova (Pendavinji), Nadia Rusi
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Vetting process; ECtHR; Right to private and family life; Proportionality principle; Judges; Prosecutors
Summary/Abstract: Since 2016, Albania has undertaken extensive judicial reforms to enhance judicial integrity and combat corruption, involving constitutional amendments and the introduction of several new laws. A central component of these reforms is the “vetting process” designed to reassess all sitting judges and prosecutors according to three primary criteria: assets assessment, background assessment, and professional competence. The established vetting bodies, consisting of the Independent Qualification Commission (IQC) at the first instance and the Special Appeal Chamber (SAC) for appeals, are required to issue a reasoned decision after each re-evaluation phase, either confirming the individual’s position or suspending or dismissing them from office. Albeit the reform’s purpose of strengthening judicial independence is legitimate, it raises significant concerns regarding its impact on private and family life, particularly in cases where dismissals or suspensions occur due to the failure to justify assets. This paper investigates the application of the proportionality test in balancing Albania’s judicial vetting process with the right to private and family life, enshrined in Article 8 of the European Convention on Human Rights (ECHR), examining the tension between the legitimate aim of judicial accountability and the protection of fundamental rights, with particular attention to recent ECtHR jurisprudence on asset assessments and fair proceedings. The paper provides a broader reflection on how ECtHR case law can serve as a safeguard against the consequences of judicial reforms that might unduly disrupt private and family life, underlining the need to adhere to the proportionality principle. In conclusion, the paper asserts that the ECtHR’s proportionality doctrine is a fundamental mechanism for ensuring that Albania’s judicial vetting process respects and carefully balances the public interest and the potential violation of private and family life.

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