uL stration and eV tting in post-communist Albania inter-linked with civic trust in governmental institutions the law was voted unanimously from the Member of Parliament, being so one of the rare laws approved by all parties in consensus about wrongdoings from the past in history of Transitional Justice in Albania. In compliance with Law No.7514/1991 “On Innocence, Amnesty of ExConvicted and Political Persecuted”, with political will of all parties in Albania Parliament will be approved also two other laws, Law No.7748/1993 “For the status of politically ex-convicted and prosecuted people by the communist regime” and the Law No.7598/1992 “On the creation of a special fund for ex-convicted and political persecuted”. The laws approved later on TJ measures are voted with e simple majority, with harsh debates and not consensus from MPs in the parliament about the wrongdoers. Years later the consensus will be seen only on changing and soften the laws. Especially in term of Lustration and Vetting laws. LUSTRATION LAWS The first law with lustration measures in Albania is the law “For a change of the Law no.7541/1991 “For the advocate in the Republic of Albania”, which predicted criteria for the lawyers’ license. The law was proposed and approved with the simple majority in the parliament on December 1992, then the president will turn it to the parliament for some changes and it will be approved as the law No.7666, date 26.01.1993 “For the creation of evaluation commission for the license of exercising the advocacy and for a change in the law no.7541/1991 “For the advocacy in the Republic of Albania”. In both dates, the law was approved with the simple majority. The law predicted exclusive criteria for some category in the extra article 12/a34. The Socialist Party will appeal the law at the Constitutional Court and the article no.3 of the law was declared unconstitutional. The Constitutional Court argues: “In the article no.3 added to the law “For the advocacy in the republic of Albania”, also in the article 12/a, which in an imperative way, defines that are not allowed to work as lawyers, those that any given time of party-state, have hade position predicted to this provision. The formulation of this article which clearly express the kind of work that the lawyer had carried in the above mention categories of party-state is the only criteria to ban them from the right to practice their profession, despite the fact that the lawyer has or have had the moral and professional quality. Avoiding the democratic criteria of the individual evaluation of these qualities is against article 28 of Constitutional Law no.7692/1993, where is predicted that “everyone has the right to gain the means of life in an honest way that chose or accepted by themselves. The person is free to choose his profession and work position35. The article no.1, 3 and 4 were declared unconstitutional taking off all lustration measures predicted by the law. Then it will be in 1995 the next Lustration laws. THE POLITICS AND LUSTRATION In light of the table above and the interviews with stakeholders and after the winning the election on March 22, 1992, Democratic Party, proposed to the parliament a changed in the law “On Labor Relation” to add the article 24/1 “for special reason related with the improvement of functions, structures of state apparatus to give life to the reform, the competent state agency has the right to transfer the public servant in another work position within their profession, when finding a substitute position is objectively impossible, the agency can pass the public servant in another 34. Parlamentarian debate, legislature No.13, year 1992, pg. 2401; Year 1993, pg. 186 35. Constitutional Decision No.8, date 21.05.1993 129

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