22 The effects of property laws on the process of restitution and compensation in post-communist Albania, under the framework of transitional justice. was completed. Albania had acted inefficiently with regard to the necessary creation of the administrative infrastructure set out in the relevant legal acts. The protection of human rights, the legal state and the functioning of a market economy capable of withstanding competitive pressures in the European internal market are among the key criteria for EU membership.78 This also demonstrates the importance of the effects and impacts of property rights on the development and continuity of Albanian state policies. The problems of our legislation have often been reflected in the European Commission’s progress reports and analytical reports, considering property rights and property issues as a whole major problem affecting the legal side and of course our social life. Priority when discussing those responsible for carrying out reforms to correct violations is given due importance to the political will to resolve the issue. Political will and a proper planning constitute the first structure when seeking to develop certain measures, whether legal, institutional, social, economic or whatever, with the primary aim of correcting the past and ensuring non-repetition. When that political will is lacking, victims will face a long and often difficult road to redress.79 3.7 The systematic problem of non-enforcement of final court decisions as well as administrative decisions, ordering the restitution of property or compensation to former owners is a serious concern. This problem especially in cases of lawsuits against the state, has always been particularly worrying. It has been found to be a violation, together with the violation of the right to property under Article 1 of Protocol 1 to the ECHR.80 These have been caused, by the bailiffs’ inefficiency in enforcing the judicial decision, the lack of necessary funds and the lack of an effective compensation system. However, since the introduction of the private offices’ service, the enforcement of court decisions has improved.81 The analysis put forward by the European Commission Reports concludes that the situation in Albania has reached a level of complexity that in some cases calls into question the principle of respect for human rights. The implementation of laws and enforcement of court decisions is one of the points where the procedures for restitution and compensation are most obstructed. By law, execution represents the last link of a completed case, its implementation. If a decision, whether administrative or judicial, is taken but not enforced, then what is the value and how much does it bring, how much is the right restored in this case. The fines that the ECtHR has ruled for violations of the Albanian state, for violating property rights, for problems with enforcement in addition to finding this problem, have also increased the financial bill charged of the Albanian state.82 Delays in the execution of the judgments of the ECtHR continued to be a problem, in particular with regard to property rights, court proceedings and the right to a fair trial. The Court considers that nonenforcement of the final decisions constitutes an interference with the complainant’s right to the peaceful enjoyment of his possessions within the meaning of Article 1 of Protocol No. 1 of the European Convention on Human Rights.83 3.8 One of biggest effects of the Law no. 9482, dated 3.04. 2006 “On legalisation, urban planning and integration of unauthorised buildings” is the huge financial bill, the heavy burden which the ECtHR recommends to be as high as possible in favor of those who occupy state-owned or third-party properties. 78. European Commission. Opinion on Albania’s Application for Membership of the European Union). Brussels, 9 November 2010: 6-8, 11; 79. International Center for transitional justice. Reparative Justice series. Reparations in Theory and Practice.13. 80. Referring to the case law of the European Court of Human Rights, Beshiri v. Albania, it is a concrete case where the ECtHR found that non-enforcement of domestic (administrative and judicial) decisions constituted a violation of the right to property protected by Article 1 of the Protocol. No.1. 81. European Commission Report on Albania.2019https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529albania-report.pdf 82. European Commission Progress Report on Albania. 2013.8 83. Xhezair Zaganjori. Arta Vorpsi. Denar Biba, Parime Kushtetuese dhe të drejta themelore në jurisprudencën e Gjykatës Kushtetuese. 385.

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