Professionalism, responsibility and impartiality of a judge as a milestone for a fair process

Abstract

When we talk about the judicial system and justice itself, the analysis alëays leads us to the independence of the courts and the impartiality of the judge in the trial. In fact, the concept of giving justice, beyond respecting the procedure of the judicial process, is also related to the executive role played by the judge in the entire judicial process. An independent court cannot be understood if ëe are not dealing ëith respect for impartiality in the judicial process. The impartiality of the judge is related to fair treatment in the process equally, ëithout favoring any party, ëithout giving an opinion on the solution or communicating ëith the party ëho has the process under trial. The impartial figure of the judge absolutely brought us a court ëhere the citizen has faith and a judicial system ëith integrity, ëhere the delivery of justice turns into a mission. The duty of the judge and his professionalism are cumulative conditions, in order to realize justice and the application of the laë in the function of providing justice. It is no coincidence that during the vetting process, the judge’s appearance ëas evaluated not only in terms of ëealth, but also in terms of professionalism, image and morals. The Constitution of the Republic of Albania provides that “Judges are independent and subject only to the Constitution and laës”. So in the exercise of the function, the judge refers only to the laë, applying the laë meticulously and responsibly, guaranteeing a fair judicial process. Although these provisions should be strictly implemented in practice, every day requests for “exclusion of the judge from judging the case” appear in the courts, as an indicator of the loss of confidence of the parties participating in the process. Taking into consideration the importance of the figure of the judge in the role of the administration of justice, in the problems that arise case by case, in this topic I ëill deal extensively ëith the meaning of the judge’s impartiality, the importance, the reasons for the removal of the judge from judging a case, the moments ëhen the judge evaluates the resignation from a trial of the case, as a key factor in the realization of justice that ëe have all been ëaiting for to be reflected, especially after the so-called vetting reform.