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The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
is characterized by deficiencies that run counter to the principles of legal certainty, equality,
proportionality, lack of effective enforcement of the law, impossibility of timely response or
non-execution decisions. The novelty of this law, which is still in force today, is that it created
a new scheme. Under this scheme there is no return but only compensation. The competent
institution handling this case was changed again by the transfer from the Property Restitution
and Compensation Agency to the Property Treatment Agency.
2.METHODOLOGY
The methodology used for this research is based primarily on laws and bylaws adopted in the
property legal reforms framework with the object of restitution and compensation; national
strategies and action plans; progress reports and reports of various institutions like Ombudsman,
European Commission, World Bank, US Department of State, Freedom House; decisions of the
European Court of Human Rights; Albanian and foreign literature. Interviews and meetings
with lawyers and former owners were also used to measure the effects of these laws. Another
methodology used for this research paper was an online survey designed to measure these
effects and their impact on citizens, whether they are former owners or not. The survey was
submitted online and was anonymous. Being online has made it easily accessible, not only in
the city of Shkodra, but in all of Albania. This survey is completed by 274 people, from different
cities of Albania, different ages ranging from 25 years old to 65 years old and more, from different
professions, from different economic classes, from former owners and non-former owners. It has
best served to measure the effectiveness these laws have had on the people, how the citizens they
perceived these laws and their effects.
3. DATA ANALYSIS
3.1 From a non-existent status of private property under the communist regime, following the
major transformations of 1991 to the establishment of the democratic system, the property issue
was significantly affected.54 The Albanian transition has a great deal to do with the long-lasting
property issue. According to the survey, the question of whether the property issue is a cause for
continued transition in Albania, resulted that most of them answered “Yes”.
I don’t know
11%
Chart 1
No 72%
Yes 72%
The chart reflects the responses of the
respondents to the question whether the
property issue is the reason for the ongoing
transition in Albania.
Source: Survey developed on the effects of property laws on the return and compensation
process in post-communist Albania, on the Albanian transition. 2019
As for the property reform, the first law that brought about many debates and great impacts,
whose effects are still felt, is the Law 7501 “On Land”. It is considered the law that brought about
54. Cross-Strategyfor Property Rights Reform 2012-2020.Page 8.
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