Active and Proactive Transparence in the Judicial System - approaches after the reform

Session

Law

Description

Transparency in the judicial system and its access thereof are essential elements for fostering accountability and the trust of the general public. These elements embark on another quite important dimension in a moment where the judicial system in Albania is undergoing a deep reform aiming at its deliverance from corruption and independence from any political influence. According to the experts, the transparency of the judicial branch is a characteristic of democratic systems which moreover helps the constitutional principle of guaranteeing a correct and rectifying judicial process. The transparency of these institutions can contribute to an increased independence of the judicial system, which is a crucial component for solidifying the rule of law. Furthermore, access to the information and decisions reached from the courts help to initiate the trust of the overall public against the judicial institutions, and the state authorities as a whole. Accordingly, the transparency of the judicial is based on four essential principles including: Anticipation of open and public hearings; Obtaining of information regarding court hearings and decisions; Public access to the information provided by the courts; System digitalization. Transparency is a condition for good governance which can be achieved via public proactive participation through access to all the public information and documents, either produced or administered by the public authorities, including the courts of all instances. Methodology The methods employed in this work are of a qualitative nature with respect to the research, descriptive, interpretive and comparative approaches.

Keywords:

access, transparency, judicial, standards, rights, trust, accountability

Session Chair

Visar Hoxha

Session Co-Chair

Sevdai Morina

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-96-7

Location

Lipjan, Kosovo

Start Date

31-10-2020 1:00 PM

End Date

31-10-2020 3:00 PM

DOI

10.33107/ubt-ic.2020.276

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Oct 31st, 1:00 PM Oct 31st, 3:00 PM

Active and Proactive Transparence in the Judicial System - approaches after the reform

Lipjan, Kosovo

Transparency in the judicial system and its access thereof are essential elements for fostering accountability and the trust of the general public. These elements embark on another quite important dimension in a moment where the judicial system in Albania is undergoing a deep reform aiming at its deliverance from corruption and independence from any political influence. According to the experts, the transparency of the judicial branch is a characteristic of democratic systems which moreover helps the constitutional principle of guaranteeing a correct and rectifying judicial process. The transparency of these institutions can contribute to an increased independence of the judicial system, which is a crucial component for solidifying the rule of law. Furthermore, access to the information and decisions reached from the courts help to initiate the trust of the overall public against the judicial institutions, and the state authorities as a whole. Accordingly, the transparency of the judicial is based on four essential principles including: Anticipation of open and public hearings; Obtaining of information regarding court hearings and decisions; Public access to the information provided by the courts; System digitalization. Transparency is a condition for good governance which can be achieved via public proactive participation through access to all the public information and documents, either produced or administered by the public authorities, including the courts of all instances. Methodology The methods employed in this work are of a qualitative nature with respect to the research, descriptive, interpretive and comparative approaches.