The effects of property laws on the process of restitution and compensation in post-communist Albania, under the framework of transitional justice. the uncoordinated work of the institutions, often ineffective and sometimes overlapping with the work of institutions, a malfunctioning land registration system, and widespread corruption.68 This report goes on to express concern that Albanian courts are overwhelmed with property disputes that often permeate all instances of judgment, sometimes several times. Coordination of institutions has been a problem frequently dealt with in European Commission reports. For this very purpose, the State Cadaster Agency (2018) has been created, which aims to eliminate problems such as coordination of institutions, by merging the Real Estate Registration Office and the Agency of Legalization, Urbanization, and Integration of Informal Areas/Buildings. This law is expected to bring about the positive effects and the purpose for which it was created. 3.4 The economy. According to Tom Allen69 the biggest fear when talking about restitution in Central and Eastern European countries was exactly the fact that it would have a huge impact on the economy, of the countries where the measures would be taken. The drafting of new laws and institutional reforms has gradually brought many effects, both positive and negative, in many areas of life. Unresolved chronic disputes and legal uncertainty over property titles, hampered economic and land market development, curbed investment, and especially foreign ones, jeopardized citizens’ confidence in democracy, overwhelmed the courts and above all did not repair the violated rights. The European Commission reports and the ECHR in the pilot judgment “Manushaqe Puto vs. Albania” emphasize how effective and how many legal and financial consequences the frequent changes to laws bring; therefore such thing should be avoided. One of the consequences of uncertainty over ownership of real estate property, delays in litigation and law enforcement weaknesses are detrimental to the business climate.70 According to the 2018 report by Freedom House numerous property-restitution cases related to confiscations during the communist era remain unresolved. Illegal construction is a major problem, as is bribery linked to government approval of development projects.71Albania needs to consolidate public finances and reduce the relatively high level of public debt, because the financial bill poses a heavy burden on the Albanian state. Despite the fact that formal foreign investment laws exist, insecure land ownership discourages investment in Albania. In general, unsustainable land management and poor enforcement of property rights represent major obstacles for companies, farms and households to enter the labor market. This has direct consequences not only on land ownership but also on income generation and the frequency of poverty.72 The dynamics of the current development of the Albanian economy and society necessitate the completion of this process and the consolidation of property rights and other rights deriving from it.73 The economy is considered the most closely related area of property rights. According to David Leblang in “Property Rights, Democracy and Economic Growth”, the direct link between the economy and property is seen at the right of owners to enjoy the item, use it and make it part of the public/civil circulation. So the right to own, rent, sell, etc., has a direct effect on the economy. If we draw a parallel between the right to property in a communist system and the economy in a democratic system, we can freely realize that the existence of a private property can bring a wider development to economy and its prosperity, and its non-existence can bring the contrary because economic development it is deeply concentrated in one hand, the state’s hand. According to this author, growth rates differ according to the regime type and nations that protect property rights grow faster than nations that do not protect them. https://2009-2017.state.gov/j/drl/rls/hrrpt/humanrightsreport//index.htm#wrapper https://al.usembassy.gov/wp-content/uploads/sites/140/2019-English-HRR.pdf Human Rights Report Albania 2018 68. The coordination of institutions today was thought to be systematized through Law 111/2018, “On Cadaster”. This law regulates the public immovable property registration service, the organization of the institution responsible for this service and the manner of administering the cadaster, as a public register of immovable property. 69. 70. 71. 72. pdf 73. Tom Allen, “Restitution and Transitional Justice in the European Court of Human Rights”.2006. European Commission Progress Report on Albania. 2013. 16 https://freedomhouse.org/report/freedom-world/2018/albania 2018 Report for Albania http://documents.worldbank.org/curated/en/845701468189564365/pdf/98254-ALBANIAN-CAS-P147570-PUBLIC-box393168B. https://rm.coe.int/commentary-on-law-on-treatment-of-property-alb-/168094784a 19

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