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The Albanian public's trust in security : stumbling blocks to Eu negotiations ; Albania's approach to delivering on the Chapters 23 and 24 of the EU accession negotiations while increasing trust in security institution and strengthening democratic accountability: a view from the public opinion perspective
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THE ALBANIAN PUBLIC'S TRUST IN SECURITY: STUMBLING BLOCKS TO EU NEGOTIATIONS 3.5. Judiciary The judiciary system exerts great oversight on the functionality and decisions of the security institutions. The Constitutional Court provides oversight to the security sector by deciding on matters of constitutionality. As the greatest authority on all constitutional matters, this court has the power to strike down any law, bylaw, decision, or provision that it deems a violation of the constitution or to demand its amendment. As mentioned, Albania's Constitutional Court has undergone a vetting process under the provisions of the justice reform to validate the quality of their character, professional and academic achievement, as well as their due diligence with regards to their work. The appointment of the new judges has been problematic(as has been previously mentioned), making for a slow and tumultuous process. As of writing this paper, the Constitutional Court has a body of 4 judges, making it therefore impossible for the court to undertake any decisions as it fails to have the necessary quorum of 6 judges(an absolute 2/3 majority out of a total of 9 judges). Henceforth, we can deduce that the Constitutional Court cannot currently evaluate the constitutionality of laws and decisions of security institutions. 3.6. The Institutions created by the Justice Reform Owing to the all-encompassing justice reform, several new institutions were created that serve as additional oversight bodies. Some of these institutions also serve as separate security institutions. Due to the sui generis nature of these institutions, they could be placed in the "independent institutions" category, but because of their sheer importance to the state, they will be analyzed as a separate category. To understand the importance of the justice reform, and the general need for new institutions that are hierarchically independent, we will be referring to a recent survey undertaken by CSDG (the Albanian Security Barometer). This explores the general public's perceptions on the effectiveness of the regular justice system as a provider of justice, and therefore a major contributor to public security. 15