uL stration laws dealing with state administration in Albania
law nr.45 / 2015, dated
30.04.2015 “On the
Right to Information
on the documents of
the ex-state security
directorate of state
security directorate of
the People’s Socialist
Republic of Albania”
The purpose
partially
of this law is
achieved its
to guarantee
purposes
the right of
information
on former
State Security
documents,
through a
democratic and
transparent
process, to
protect the
individual’s
personality,
such as and
national
unity and
reconciliation.
While
lustration of
the figure of
public officials
-TMC can be
considered
a peripheral
purpose of
the law - a
minimalist not
compulsory
lustration
mechanism.
Reasons behind its designation:
foreseen a minimalist, not
compulsory lustration
mechanism - So constitutional
institutions and public
authorities are morally but not
legally obliged to use such a
mechanism.
Reasons behind its
implementation:
is taking place;
legal formula foreseen in civil
servants’ law to appoint a Top
Management civil servant – they
are appointed after a request by
ministers or prime minister is
made;
political interferences.
But regarding law nr. 45 / 2015, dated 30.04.2015, which is currently in force, except the fact of
prevision of a minimalist not compulsory lustration mechanism, we strongly encourage the usage
of the article 29 of this law, because of law on Civil Servants, as amended, and the decision of the
Council of Ministers nr. 118, dated 05.03.2014. There are determined credibility and integrity as a
criterion to be a senior civil servant.
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