by Matthew Raphael Johnson, Ph.D.
SECOND PART OF TWO PARTS
This is the text of an address delivered to a conference of the American Freedom Union, October 22, 2016, Allentown, Pennsylvania. For a complete list of footnotes and a bibliography, go to http://www.rusjournal.org/wp-content/uploads/2016/10/Albania_TBR-1.pdf.
One important consultant for the EU in Albania, Agron Alibali, said this about the Albanian court system: “The current situation began in the early 1990s, after the country emerged from more than four decades of communist rule. One of the most controversial measures undertaken by the post-communist government was to select judges from among graduates of crash law courses, which led to a legal system infected with incompetence, partisanship and corruption.
“This misstep was later corrected by establishing the magistrate school, a graduate-level law school initially funded by the Council of Europe. While this improved the quality of future judges and prosecutors, it fed a sense of entitlement for many, leading to the creation of a virtual caste system.
“Moreover, in the name of judicial independence, the internal, self-governing structures within the judiciary have proved totally ineffective at stopping corruption and addressing incompetence. Many judges cited by administrative bodies for misconduct or hiding their assets have been cleared by the Supreme Council of Justice. District attorney’s offices have been shirking their duty to combat corruption in the judiciary to the full extent of the law. Recently some judges have been investigated and arrested, but few cases have led to convictions.
“To add insult to injury, the internal judicial structures, in most cases, have been reluctant to suspend or expel from their ranks judges accused of misconduct or corruption. Similarly, the Albanian Bar Association has had very few disbarment cases for corrupt and incompetent private attorneys.”
Again, this is not something that we hear every day. There were no competent lawyers when Albania was privatized and the criminal gangs granted Western sanction. So the system, then an openly criminal state, created “law schools” for its henchmen. The “crash course” churned out “lawyers” who had no interest in the law or had the intent of keeping it even if it were taken seriously. The Council of Europe then built law schools for the country, but this only led to the newly graduated to use this status as yet another means to lord it over others. Thus, even the most legitimate and basic of social functions will be turned to corruption no matter what.
Few are fooled by promises to end corruption. Such promises imply several things: first, that the state is stronger than the corrupt entities and can impose the “rule of law” on them; second, that the state is not institutionally corrupt, that is, corruption is an anomaly in a generally healthy system, and finally, that those taking the money are not themselves corrupt. No one believes any of this relative to Albania. Outside of a full, violent revolution and military rule, no reforms make sense when carried out by the entities that require reforming.
Albanian crime lords are some of the most powerful in the world. Policymakers fear them and therefore, without military rule, they are untouchable. Their control over heroin coming into Europe from Afghanistan has been well verified and researched. Due to this, it is reasonable to conclude that the USA is involved in the heroin trade. Albania is a failed state in all respects, but their cooperation is required for drugs and anti-Serbian violence.
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