The effects of property laws on the process of restitution and compensation in post-communist Albania, under the framework of transitional justice. ABSTRACT This research aims to study the legal effects that were produced and continue to be produced by property laws on the process of restitution and compensation of properties in post-communist Albania, under the framework of transitional justice. These are the laws drafted after 1990, starting with Law 7501/1991 “On Land” and continuing with Law 7698/1993 “On the restitution and compensation of properties to former owners”, as amended and then repealed by other laws coming out. These laws were enacted with the aim of restoring property relations under and on the basis of respect for private property within democracy, the rule of law and human rights. However, what this paper aims to show is how important and effective these laws have been and still are in the transition of the post-communist Albania, how they achieved their purpose and how they affected the transitional justice process. INTRODUCTION Transitional justice consists of both judicial and non-judicial processes and mechanisms, including prosecution and facilitating initiatives in respect of the right to truth, delivering reparations, institutional reforms and national consultations.1 It is the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of largescale past abuses in order to ensure accountability, serve justice and achieve reconciliation.2 These goals continue with the establishment of accountable institutions established under the law that operate under it, restoring respect for the rule of law, restoring people’s trust in them and increasing access to justice for the most vulnerable in society.3 In a free and democratic social order, where human rights and freedoms are respected and the rule of law is the foundation of this society, property is considered one of the fundamental rights. Resolving property issues is a guarantee of remedying the injustices that were done during Albania’s communist regime between 1945 and 1990. Such a guarantee, could only be secured by respecting and protecting this right, and in particular, by restoring the injustices committed and by striving to avoid other injustices. The treatment of this problem must be guided by constitutional principles such as legal certainty, clarity of legislation, public interest, fair remuneration, as well as principles of justice, proportionality and the social state. The right to property was one of the most violated rights during the communist system in Albania. During this period many initiatives were taken which amounted to legalized violations of property rights. Laws governing property ownership underwent radical changes and the non-existence of private property was constitutionally sanctioned. However, it was only after the fall of the communist system that they were declared illegal. In 1991, in order to remedy violations, several measures were taken consisting on the reparation of violations, restitution and compensation of property. However, the measures taken proved to be problematic, starting with Law 7501/1991 “On Land”, which was interpreted by the former owners, most of the Albanian society and even by the head of the political forces of that time4 as the law that brought all the problems that followed. It should be noted that this law was drafted and adopted by a pluralist parliament that still had the remnants of communism. This law resembled the agrarian reform and did not return the properties to former owners. Instead, it gave the land to those who used it, to the peasants. So, the correction seems to have begun with a new breach of property rights. Significant in giving positive effects to restitution and compensation laws, is the structure of the restitution process, how it is presented to individuals, how it is implemented, the legal 1. United Nations Approach to Transitional Justice Guidance Note of the Secretary-General. (March 2019). 2 2. United Nations Approach to Transitional Justice Guidance Note of the Secretary-General. (March 2019). 3. 3. https://www.ictj.org/about 4. Interview in the newspaper “Shekulli” with Mr. Sali Berisha, leader of the Democratic Party in the year when the law 7501 “On land” was adopted. 11.02.2014. http://shekulli.com.al/40279/ 7