16
The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
Yes 3%
I don’t know 5%
Chart 4
No 41%
Somewhat
27%
A little
24%
The chart reflects the answers of the
respondents to the question whether they
are satisfied with the legal measures taken
to regulate the property issues of restitution
and compensation.
Source: Survey developed on the effects of property laws on the return and compensation
process in post-communist Albania, on the Albanian transition. 2019
According to the adopted laws, the state assumed the obligation to recognize, restitute or
compensate property to all expropriated entities during the communist regime, but today after
29 years it seems that a large proportion (including former owners and not) are not satisfied with
the measures taken. From an analysis of the legislative history of property rights this strategy
has found that the problem is complex and the laws adopted have been continuously amended
and revised, bringing inevitable effects to the process and beyond. With the drafting of the first
laws that came into force at the beginning of the democratic system, it was intended to give the
required positive effect to the purpose of transitional justice.
Laws were changed
and adapted to the
democratic system
12%
Other 1%
I don’t know
8%
Chart 5
Laws were changed,
but property rights
continued to be
violated 79%
The chart reflects the responses of the
respondents to the question about how
they perceived property developments
in post-communist 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
According to the findings of the developed survey, it appeared that property legal developments
brought effects in different areas of life and society. An interesting finding is that the majority of
respondents in the survey responded (based on the question of which areas were affected and to
what extent) that the greatest impact these property problems had had were on the relationships
between citizens.57 The impact and effect that property issue causes, continue in various areas
such as justice, economics58, politics, citizen relations, Albania’s reputation in the international
arena, trust in state policies, the principle of legal certainty, the rise of financial bill of the Albania
57. The unresolved property issue - the cause of over 8,000 homicides in 20 years.
https://www.dw.com/sq/bilanc-lufte-zgjidhja-e-konfliktit-t%C3%AB-pron%C3%ABs-n%C3%AB-shqip%C3%ABri/a-15473569https://
www.rtsh.al/lajme/shkoder-konfliktet-e-pronave-dhe-gjykatat/
58. 52.55% said that the Albanian economy was badly damaged and 78.47% said that foreign investment was greatly affected by
property problems in Albania.
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