86
uL stration laws dealing with state administration in Albania
Table 1. Sample
No
Name/
Surname
Date of Place of Current
Birth
Birth
Job
Education
Job
Experience
Reason for the
application
But at the category Current Job, is not filled their concrete job position, e.g., director, general
director, but their profession, e.g., lawyer or economist. Furthermore, among individuals verified
we have identified these categories, i.e., deputies, unemployed, pensioners, businessmen, social
assistance, and “he/she seems to be state employee”40. Thus, Mezini Commission administered
2532 requests, sent by political parties, or independent candidates to be verified candidates of
1996, 1997election. Among these 2532 requests, corresponding to 2532 individuals, only 89 of
them are identified as “he/she seems to be state employee”, but it’s impossible to identify their
affiliated institution or their concrete job position, in order to identify if they have fallen in one of
the categories of the article 1 of the law, i.e., appointed by the president; general directors, directors
of a directory in departments; Presidency, Council of Ministers, ministries, central institutions of
state administration. While this Commission administered only 46 requests by ministries, i.e., 2
requests by the Ministry of Health, 1 request by Internal Ministry, and 43 requests by Parliament
of Albania. These 45 individuals resulted not to fall in one of the categories foreseen in article 2
of the law – employees of State Security (ex Sigurimi).
While Bezhani Commission, differently from Mezini Commission, worked more in verifying
officials of public administration. This maybe because of no electoral election during his
work time. This commission administered 2600 requests41 and within 6 months verified 7000
officials42. Whilst in the coming years, i.e., 2000, 2001, the commission administered requests by
State Supreme Audit Institution – 21 employees; Albania State Television – 306 employees, and
Council of Ministers – 147 employees. But there is still impossible to identify their concrete job
position, i.e., general directors, directors of directory. Hereby, by the lack of precise information
provided by these commissions, it’s difficult to truly say if this law achieved its purpose to
prevent/ remove who served as a leader in the political structures of the Party of Labor, etc., to be
part of Albanian state administration. But in our opinion, based on above insignificant numbers
and by keeping in mind after 2001, the year when the effects of this law expired, there were other
initiatives of lustration law – 2008, 2015, this law not achieved its intended purposes - the purity
of the state administration. A contrario if this law was a success why it was needed to draft, or,
approval the law nr. 10034, dated 22.12.2008 “On the purity of the image of high officials of the
public administration and the appointees”?!
While the law nr. 10034, dated 22.12.2008 “On the purity of the image of high officials of the
public administration and the appointees” or the so-called Lustration law was the second attempt
to purify state administration. But except of its aim, i.e., to control the purity of the image of
any elected public official 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, the purpose of this law was not achieved, because, after 2 months of coming into force,
the Constitutional Court initially suspended the law enforcement, and then, by its decision V9/2010, abolished it as incompatible with the Constitution.
40. We did this kind of division in categories after consulting all of these forms.
41. Report nr. 221, dated 28/04/1998.
42. Report nr 324, dated 04/12/1998.
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