uL stration laws dealing with state administration in Albania
idea transmitted by some of these articles is that generally, lustration laws in Albania were
unsuccessful because the process was disorganized and highly politicized.19 Fourthly, the
prominent idea transmitted by some of these articles is that lustration laws in Albania were
ineffective because of the inconsistency of these laws with the constitutional framework or
international commitments.20 Fifthly, Albania is excluded from the statistical analyses because
of the lack of consistent data21, or, because of its marginal and uncertain status.22 In the last place,
we have seen as a limitation in the existing research the focusing of these articles mainly on the
general transitional justice process in Albania, and not specifically on lustration laws, or a lack
of research on current lustration measures in Albania. In our opinion, the methodologies used
in these articles, i.e., mainly descriptive research without focusing on “why”, or, analyzing, and
presenting data, did not guarantee an accurate understanding why these laws were unsuccessful,
ineffective, or if the process was truly disorganized and highly politicized. Therefore, this literature
review journey helped us to form our specific research question and to develop the desirable
methodology to understand why these lustration laws dealing with the state administration in
Albania did not achieve their purposes, i.e., the process of collecting, analyzing, and presenting
data produced by authorities charged with designation and implementation of these lustration
laws.
Thus, Neil Kritz in his book “Transitional Justice”-vol. II, after giving a historical panorama
of Albania starting from the occupation from Italy until the first lustration law in 1993, has
written that a considerable amount of informal “lustration” has been taken in Albania, until
the parliament passed the first lustration law providing the removal of persons from specific
positions on the basis of their actions in the past.23 But, per our analysis, his considerations
about the way how a lustration law should be designed are important. Thus, according to him the
criterion of a successful lustration law is keeping a fair balance between individual human rights
and the strongly felt desire that those who violated human rights under prior regimes receive
due punishment24.
While according to Austin25 and Ellison the first two lustration laws, i.e., the law nr. 8001, dated
22.10. 1995 On Genocide and law nr. 8043, dated 30.11.1995 the Verification Law, prima facie
intended to ensure the democratic nature of the Albanian polity by restricting the entry of
individuals with anti-democratic tendencies, but, in their context, scope, and implementation,
it soon became evident that the Lustration Laws were being exploited by the Democratic Party
to purge Albanian politicians. Thus, according to them, the law on Genocide was a very limited
lustration law which did not therefore really serve a legal purpose; it did not effectively lustrate
and was superfluous to genocide prosecutions. While the Verification Law, the first real lustration
law, for screening potential and actual members of … state administration … had been seriously
undermined. In conclusion Austin and Ellison stated that Albania was a laggard in transitional
justice. The process started but it always seemed to be driven by politics.26
Whereas, in their article “Public Contestation and Politics of Transitional Justice: Poland and
Albania Compared”, Arolda Elbasani and Artur Lipinski gave some reasons why Law on Genocide
and Law on Verification were defective. Thus they stated that the law on ‘Genocide’ did not have a
19. Robert C. Austin, Jonathan Ellison, Post-Communist Transitional Justice in Albania, East European Politics and Societies, Vol.
22, 1998); Arolda Elbasani, Artur Lipinski, Public contestation and politics of transitional justice: Poland and Albania compared, (EUI
Working Papers SPS 2011/02); Cynthia Horne, Silent Lustration Public Disclosures as Informal Lustration Mechanisms in Bulgaria
and Romania, (Problems of Post-Communism, vol. 62, 2015); 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).
20. Vladimir Balaš, Albanian lustration act, its constitutional and international law pros and cons, (CYIL 1, 2010).
21. 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); Cynthia Horne, Silent Lustration Public Disclosures as Informal
Lustration Mechanisms in Bulgaria and Romania, (Problems of Post-Communism, vol. 62, 2015);
22. Jon Elster, Transitional Justice in Historical Perspective, (Cambridge University Press, 2004).
23. Page 730.
24. Page 734.
25. An expert of Albania and Kosovo history,
26. Page 380.
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