uL stration laws dealing with state administration in Albania
first opposition party, i.e., the center-right Democratic Party, was formed on 12 December 19906.
But many authors stated the first law containing elements on lustration date back to the beginning
of 1993, i.e., the law nr. 7666, dated 26.01.1993 “On the establishment of a commission for the reevaluation of the permits for exercising the function of the attorney and for a change in the law
nr. 7541, dated 18.12.1991 “On the regulation of the profession of the attorney in the Republic of
Albania”7. Generally speaking this law was concerned with the purity of the figure of the subjects
practicing the profession of the attorney, by imposing a 5-year ban on exercising this profession
for those persons who had been ex-State Security Officers and their associates; former members
of Labor Party committees, as well as employees of their center-based apparatus, districts and
regions; former heads of state bodies in the center and districts; former prison employees and
prison serving camps, for persons who had graduated from the Faculty of Law on the basis of
the Labor Party’s high school system; the ones who had been former heads of staff at all levels;
who had participated as investigators, prosecutors or judges in specially assembled political
processes8.
While Horne has considered the first lustration laws taken in Albania the law nr. 8001, dated 22
September 1995, “On genocide and crimes against humanity committed in Albania during the
communist regime for political, ideological and religious reasons” and the law nr. 8043, dated
30 November 1995, “On the control of the moral figure of officials and other persons connected
with the protection of the democratic state”9. The law nr.8001, dated 22.09.1995 “On the genocide
and crimes against humanity committed in Albania during the communist regime for political,
ideological and religious motives”, or the so-called Genocide Law, foreseen the purity of the public
employees. But as stated by the title itself, the law imprimis was concerned for investigation of
genocide and crimes against humanity committed in Albania during the communist regime for
political, ideological and religious motives.10 After that process of investigation, authors, creators,
or, implementers of that crimes were prohibited to be appointed in important institutions of the
state administration11 until 31.12.2001. Two months later a new law, i.e., the law nr. 8043, dated
30.11.1995 “On the control of the figure of officials and other persons who are related to the
protection of a democratic state” or the so-called the Vetting Law” – legis specialis, was addressed
to control the purity of the public official’s figure. This law has intended to purify the figure of the
subjects who performed or sought to perform important duties in the structures of the Albanian
state during the post-communist period. Based on this law, among the bodies and functions
subject to the verification process of the image were …. the appointees in executive and state
administration functions, …,.12 While to serve in these functions, the person should not have been
a leader in the political structures of the Party of Labor, an appointee in the executive, or state
administration, or an officer during the period of 28.11.1944 until 31.03. 1991.13 A state commission
composed of 7 members, appointed by political bodies such as the Assembly, the Council of
Ministers, the Minister and the Director of Secret Services, was established for the verification of
figures.14 This commission exercised its activity by the end of 2001. But from 1996 onwards, the
law on the verification of the figures was amended several times, which essentially narrowed the
scope of its action. Thus, for instance by the law nr. 8151, dated 12.09.1996, were excluded from
the verification of the elected figures the appointees and the candidates for election to the local
6. Elez Biberaj, Albania in Transition: The Rocky Road to Democracy, (Westview Press, 1998).
7. Bledar Abdurrahmani, Transitional justice in Albania: the lustration reform and information on communism files, (Interdisciplinary
Journal of Research and Development, Vol. 5, no. 3, 2018); Neil Kritz, Transitional Justice vol. II, (Endowment of the United States
Institute of Peace, 1995).
8. Article 3.
9. Cynthia Horne, Assessing the Impact of Lustration on Trust in Public Institutions and National Government in Central and
Eastern Europe, (Comparative Political Studies 45(4), 2012).
10. Article 1.
11. Article 3.
12. Article 1.
13. Article 2.
14. Article 4.
79
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