80
uL stration laws dealing with state administration in Albania
government bodies. While the law nr. 8280, dated 13.05.1997, narrowed the circle of positions and
qualities held during the communist system.
In 2008, another lustration law was passed - the law nr. 10034, dated 22.12.2008 “On the purity
of the image of high officials of the public administration and the appointees”. Same as the
previous experiences, this law intended the control of the purity of the image of any elected
public office or appointed person, regarding his participation in the policy-making process or
engagement in the enforcement structures of the proletarian dictatorship, as well as in the former
security structures of the State for the period 29 November 1944 to 8 December 1990. But, this
law was subject to strong criticism by the opposition, the international actors and stakeholders,
claiming that it violated constitutional and democratic standards. Consequently, the law became
the subject of review at the Constitutional Court upon request by a group of left-wing MPs, the
National Prosecutors’ Association and the Albanian Committee of Helsinki. The Constitutional
Court initially accepted the request for the suspension of the law enforcement, and then, by its
decision V- 9/2010, abolished it as incompatible with the Constitution with the argument that the
law had serious constitutional problems.
While the latest legal attempt in the field of verifying the cleanliness of the figure of public
officials was the adoption of the law nr.45/2015, dated 30.04.2015 “On the Right to Information
on the documents of the ex-state security directorate of state security directorate of the People’s
Socialist Republic of Albania”. But, as the title of the law tells, the primary purpose of the law is
guaranteeing the right to information on state security documents. While the cleanliness of the
figure for public officials, a peripheral purpose of the law, can be considered as a minimalist not
compulsory lustration mechanism.
LITERATURE REVIEW
As a base for our analysis, by using intellectual history as a systematic review of literature15, we
have initially performed a detailed review of that available literature on the lustration laws taken
in Albania. By reviewing them we have deduced some features, limitations, and gaps. Thus, firstly,
we have come in conclusion there are books, articles, studies on transitional justice, transitional
justice personnel measures – lustration laws, where Albania’ case its mentioned16, but only a few
of them are focused on the lustration laws took in Albania.17
Secondly, the main of these articles present a historical overview of post-communist Albania,
or, a historical overview of main lustration laws taken in Albania.18 Thirdly, the prominent
15. Gerald. J Miller and Kaifeng Yang, The Handbook of Research Methods in Public Administration, (CRC Press-Taylor and Francis
Group, 2008).
16. Kathleen Imholz, A landmark Constitutional Court decision in Albania, (East European Constitutional Review, vol.2, no. 3, 1993);
Neil Kritz, Transitional Justice vol. II, (Endowment of the United States Institute of Peace, 1995); Mark S. Ellis, Purging the past: the
current state of lustration laws in the former communist bloc, (Law and Contemporary Problems, vol. 59, no. 4, 1997); Roman David,
From Prague to Baghdad: Lustration Systems and their Political Effects, Government and Opposition, (Government and Opposition,
vol.41, issue 3, 2006); Cynthia Horne, Assessing the Impact of Lustration on Trust in Public Institutions and National Government
in Central and Eastern Europe, (Comparative Political Studies 45(4), 2012); Cynthia Horne, Lustration, Transitional Justice, and
Social Trust in Post-Communist Countries. Repairing or Wresting the Ties that Bind?, (Europe-Asia studies Vol. 66, no. 2, 2014);
Cynthia Horne, Silent Lustration Public Disclosures as Informal Lustration Mechanisms in Bulgaria and Romania, (Problems of
Post-Communism, vol. 62, 2015); Alexander Mayer-Rieckh and Pablo de Greiff (eds), Justice as Prevention: Vetting Public Employees
in Transitional Societies (SSRC 2007); Lavinia Stan and Nadya Nedelsky (eds), Encyclopedia of Transitional Justice, (CUP 2013).
17. Neil Kritz, Transitional Justice vol. II, (Endowment of the United States Institute of Peace, 1995); Robert C. Austin, Jonathan
Ellison, Post-Communist Transitional Justice in Albania, East European Politics and Societies, Vol. 22, 1998); Vladimir Balaš,
Albanian lustration act, its constitutional and international law pros and cons, (CYIL 1, 2010); Arolda Elbasani, Artur Lipinski,
Public contestation and politics of transitional justice: Poland and Albania compared, (EUI Working Papers SPS 2011/02); Bledar
Abdurrahmani, Transitional justice in Albania: the lustration reform and information on communism files, (Interdisciplinary Journal
of Research and Development, Vol. 5, no. 3, 2018).
18. Neil Kritz, Transitional Justice vol. II, (Endowment of the United States Institute of Peace, 1995); Mark S. Ellis, Purging the past:
the current state of lustration laws in the former communist bloc, (Law and Contemporary Problems, vol. 59, nr. 4, 1997).
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