# Albanian judicial reform and human rights challenges

> Live situation record from CLSTR: https://clstr.news/situations/albanian-judicial-reform-and-human-rights-challenges
> Updated: 2026-10-09T09:10:00.000Z. Sources: 18. Developments: 6.

Albania is undergoing judicial reforms aimed at addressing criticisms of its legal system, particularly regarding pre-trial detention and personal liberty. Minister of Justice Toni Gogu previously announced that the government was revising the Criminal Procedure Code to integrate Council of Europe recommendations, focusing on strengthening individual liberty guarantees and reinstating electronic monitoring by March 2027. Building on these efforts, Prime Minister Edi Rama has presented a new package of amendments designed to strengthen judicial oversight over prosecutorial powers. A central component is a shift in logic requiring courts to prioritize liberty; under proposed changes, prison arrest would be prohibited for offenses with a maximum sentence of under five years.

Recent debates have intensified over the scope of these reforms. Minister Gogu has defended the revisions, stating they aim to align the country with European standards without weakening the fight against organized crime. Supporting this view, Council of Europe expert Theo Byl stated the changes bring Albanian legislation closer to international standards. Conversely, critics remain concerned. Lawyer Adriana Kalaja warned that amendments could establish “rules of the game” to protect high-ranking officials, while legal analyst Isuf Shehu identified a gap regarding ‘negative controls’ in searches.

In October 2026, European Commissioner Michael McGrath met with Prime Minister Rama, Minister Gogu, and the head of the Special Structure Against Corruption and Organized Crime (SPAK), Klodian Braho, to discuss judicial reforms and political rhetoric directed at SPAK. The Ministry of Justice has since published a new draft of the Criminal Procedure Code for public consultation. This draft affects 105 articles and proposes granting lawyers a more active role during investigations. However, the Association of Prosecutors expressed concerns that new procedures could hinder investigations, and journalist organizations continue to oppose restrictions on publishing criminal case files.

## Claims

- The proposed changes aim to prioritize lighter security measures over prison arrest. (corroborated by 4 sources)
- Security measures will not be applied for crimes with a maximum sentence of up to 3 years, and prison arrest will not be applied for crimes with a maximum sentence under 5 years. (corroborated by 3 sources)
- Changes to the Criminal Procedure Code do not compromise the fight against corruption and organized crime. (corroborated by 3 sources)
- Judges who merely copy prosecutor arguments without independent reasoning regarding why lighter measures are insufficient may face invalid decisions and disciplinary responsibility. (corroborated by 2 sources)
- The proposed legislation is a good instrument that aligns Albanian procedure with international standards. (corroborated by 2 sources)
- The proposed draft law could impose a regime of prior censorship by drastically limiting media reporting on investigative files. (corroborated by 2 sources)
- The new package does not affect the pillars of justice reform or remove prosecutorial powers regarding investigation, seizure, or international cooperation. (single source)
- The justice reform over the last decade has broken a 100-year culture of impunity. (single source)
- Agron Shehaj accused the proposed changes of being designed to release political allies and prevent the arrest of individuals accused of corruption. (single source)
- Former prosecutor Ervin Karanxha views the changes as a positive development to address the excessive use of pretrial detention in Albania. (single source)
- Jurist Rezart Kthupi suggested that instead of partial amendments to approximately 105 articles, a completely new code should be drafted. (single source)
- 56% of individuals in pre-trial detention are held without a court decision. (single source)

## Timeline

### 2026-10-09: EU Commissioner McGrath meets SPAK head in Albania over judicial reforms

EU Commissioner Michael McGrath met with Albanian officials and SPAK head Klodian Braho to discuss judicial reforms, political rhetoric, and a controversial new draft of the Criminal Procedure Code.

2 sources. https://clstr.news/cluster/eu-commissioner-mcgrath-meets-spak-head-in-albania-over-judicial-reforms

### 2026-10-04: Albania debates Criminal Procedure Code amendments

Albania's proposed Criminal Procedure Code changes face criticism over potential media censorship and legal gaps, while Justice Minister Toni Gogu defends them as necessary for European alignment.

6 sources. https://clstr.news/cluster/albania-legal-reforms-to-expand-rights-of-defense-lawyers

### 2026-10-02: Albania legal reforms spark concerns over investigations and press freedom

Lawyer Adriana Kalaja warns that proposed changes to Albania's Criminal Procedure Code could protect high-ranking officials and weaken investigations, while critics argue new press restrictions unfairly target'

6 sources. https://clstr.news/cluster/albania-legal-reforms-spark-concerns-over-investigations-and-press-freedom

### 2026-09-30: Albania proposes Criminal Procedure Code changes to limit prison arrest

Prime Minister Edi Rama has proposed amendments to Albania's Criminal Procedure Code to limit the use of prison arrest and align judicial practices with European standards.

12 sources. https://clstr.news/cluster/edi-rama-presents-new-criminal-procedure-code-amendments

### 2026-09-21: Albanian citizens win legal challenges in Strasbourg against domestic justice system

Citizens have successfully challenged the Albanian justice system at the European Court of Human Rights, winning compensation for issues regarding pre-trial detention and proportionality.

2 sources. https://clstr.news/cluster/albanian-citizens-win-legal-challenges-in-strasbourg-against-domestic-justice-system

### 2026-09-18: Albania revises Criminal Procedure Code following Council of Europe recommendations

Albanian Justice Minister Toni Gogu is revising the Criminal Procedure Code to incorporate Council of Europe recommendations on pre-trial detention and strengthen alternatives to imprisonment.

2 sources. https://clstr.news/cluster/albania-revises-criminal-procedure-code-following-council-of-europe-recommendations

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Cite as: Albanian judicial reform and human rights challenges. CLSTR, https://clstr.news/situations/albanian-judicial-reform-and-human-rights-challenges
