The effects of property laws on the process of restitution and compensation in post-communist Albania, under the framework of transitional justice. State, the work of competent institutions and the public interest. 3.2 The legitimacy and effectiveness of measures in the context of transitional justice are key points in realizing the steps and goals outlined above. Citizens’ legal certainty about the state and the laws it drafts is the foundation of a healthy society where people do not feel threatened by the laws of their state. Reforms and laws are not enough, but they must be well-drafted, accurate, clear, free of political interference, impartial, and well-implemented. These laws, which, by “falling prey” to frequent legislative changes, have contributed to the creation of non-uniform executive and judicial practices59 and have further aggravated the situation. Ensuring the enforceability of various laws and legislative measures, the effectiveness and the results they deliver, are all indicative of a fulfilled purpose. A lot 2% Chart 6 Not at all 45% A little 53% The chart reflects the responses of the respondents to the survey on how secure they feel in today’s property laws (legal security principle). Source: Survey developed on the effects of property laws on the return and compensation process in post-communist Albania, on the Albanian transition. 2019 The results of the survey show that they do not feel secure before such a legal situation. In the meantime, another factor that we need to be clear about, is the restoration of a social order where former owners feel that their society is respecting their rights. It is questionable whether former owners should be called victims, given that victims are perceived as individuals who were interned, imprisoned or killed by this system. However, seen from a broader perspective, even former owners are victims of an illegal act that caused great problems and suffering in their lives, the consequences of which are felt by their heirs today. The above is also confirmed by the UN Declaration on the Right to Restitution for Victims of Gross Human Rights Violations. It defines “victims” as persons whom, “as a result of acts or omissions that constitute a violation of international human rights or humanitarian law norms […], individually or collectively, suffered harm, including physical or mental injury, emotional suffering, economic loss, or impairment of the person’s fundamental legal rights. A “victim” may also be a dependent or a member of the immediate family or household of the direct victims as well as a person who, in intervening to assist a victim or prevent the occurrence of further violations, has suffered physical, mental or economic harm.60 When talking about measures, their effects on society, we need to keep in mind the whole society’s awareness of this issue, because their positive effectiveness is increased, measures are more easily implemented, dignity is more easily repaired and property right holders are more secure in the society where they live. The purpose of restitution61 in any transitional society is not only the return of property to the owner but also the restoration of the dignity of people’s part of human rights violations and their reintegration into society as equal citizens.62 59. Cross-sectorial strategy for property rights reform.2012-2020. Page 9. 60. United Nations, General Assembly Resolution 60/147, 16 December 2005. 61. As one of the measures of transitional justice. 62. “One of the primary goals of Transitional Justice is Recognition of the dignity of victims of human rights violations as citizens and human rights bearers”. 17

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