The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
the large number of rural voters was more important (politically) than the large vested interests
and lower collective action costs of fewer former landlords.22 These reforms made the problem
of restitution and compensation even more complex, a situation that the 199823 Constitution
acknowledged and sought to address.24 Like any beginning, the beginning of reforms in Albania
was difficult, especially when it came to repairing something that was badly damaged. However,
as it was perceived by international actors over time, legislation on private property began
wrong in post-communist Albania. The constitutional right to private property was detailed in
Law 7512/1991.25
Regarding the restitution and compensation process, initially, the restitution process was
initiated by Law no. 7698/1993 “On the Restitution and Compensation of Property to Former
Owners”. According to this law, the parties were not entitled to appeal against the decision of
the competent administrative commission to a higher authority. This law has been amended
many times. There was no provision in this law regarding the deadline to seek restitution/
compensation of property26, which changed into law over the years.27 However, it was criticized for
being complicated, partly open to interpretation as well as leaving discretion to the Committee
of Restitution and Compensation of Properties.28 According to the description given to the
nature of the first law on property restitution and compensation in our country, the European
Parliament Study29 states this law was adopted after some earlier reforms of 199130 and 199231, and
as stated above, the state distributed real estate property to citizens, regardless of the fact that the
property in question could have been unjustly confiscated by the former regime.32 As predicted
by the European Parliament Study, the legal framework for ownership of the property restitution
and compensation process did not produce the desired results.33 The results of these years and
the prolongation of a process beyond expectations are a clear indication of the negative effects
that property laws have had and speak of a low expectation to regulate the situation. They have
had a significant impact on the Albanian transition process. There are ethical arguments that
restitution demonstrates a commitment to human rights and property that spans generations
and that restitution is necessary to restore the individual’s dignity and reinstate them in the
social and economic life.34
22. Johan F.M Swinnen, Transition from Collective farms to individual Tenures in Central and Eastern Europe. (2001). 354
23. The Constitution of the Republic of Albania, which abrogated the “Main Constitutional Provisions” of 1991.
24. European Parliament. Directorate-General For Internal Policies. Policy Department.Citizens’Rights and Constitutional Affairs.
Private properties issues following the change of political regime in former socialist or communist countries: Albania, Bosnia and
Herzegovina, Bulgaria, Croatia, Romania and Serbia.Study.(2010). 39.
25. European Parliament.Directorate General External Policies of the Union.Property Restitution in Albania. Briefing Paper.
(September 2008).2
26. European Union.Council of Europe. Handbook on propertyrights..Effective Exercise of Property Restitution and Compensation
Rights in Albania. (Tirana.2017) 103
27. By law no. 7698/1993 buildings and land were treated. Meanwhile, law no. 7699, dated 21.04.1993 “On the Compensation in
Value or Lands of Former Owners of Agricultural Land, Meadows and Pastures”, through which the field of immovable property
was expanded, which would be subject to the to the category of former owners, who were affected by the agrarian reform of 1945,
compensation which would be in value or in land.
28. European Parliament. Directorate General External Policies of the Union.Property Restitution in Albania. Briefing Paper.
(September 2008). 3.
29. European Parliament.Directorate General External Policies of the Union.Property Restitution in Albania. Briefing Paper.
(September 2008). 2
30. Law 7501/1991 “On the Land”; Law 7512/1991 “On the Regulation and Protection of Private Property, Free Initiative, Private and
Independent Activity, and Privatization”. (amended).
31. Law 7652/1992 “On the Privatization of State Housing”.
32. European Parliament. Directorate-General For Internal Policies. Policy Department.Citizens’Rights and Constitutional Affairs.
Private properties issues following the change of political regime in former socialist or communist countries: Albania, Bosnia and
Herzegovina, Bulgaria, Croatia, Romania and Serbia.Study. (2010). 39-40
33. European Parliament. Directorate-General For Internal Policies. Policy Department.Citizens’Rights and Constitutional Affairs.
Private properties issues following the change of political regime in former socialist or communist countries: Albania, Bosnia and
Herzegovina, Bulgaria, Croatia, Romania and Serbia.Study. (2010). 35.
34. Tom Allen, Restitution and Transitional Justice in the European Court of Human Rights.(13 Colum.J. Eur. L. 1 2006). 5.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents