uL stration and eV tting in post-communist Albania inter-linked
with civic trust in governmental institutions
138
Even the optimism of Albanians Public Opinion measured with the Eurobarometer in 1995 and
1996, the civic-trust in governmental institutions was very weak taking in consideration the
fragility of Albania institutions that collapse in mid-1997. In 1997 civil unrest in Albania brought
the “collapse of state institutions” and in years after the “public trust in institutions continues to
be low63. World Bank report states, “In mid-1997, trust in public authority was at a low ebb. Past
government and political institutions were discredited by their complacency over the pyramid
schemes and their inability to restore public order64, rethinking country assistance strategy.
TJ measures such as lustration and vetting laws in Albania during 1995-2001 implemented in
exclusive and not transparent way did not allow impartiality and independent institutions to
take decision not contributing in democratic reforms and in building civic trust in governmental
institutions.
LUSTRATION AND VETTING PROCEDURES AFTER 2001
The lustration laws and measures approved and implemented during 1992-2001 were not enough
for right wing parties, represented mostly by Democratic Party, which only 7 years later the two
lustration laws had expired set and approved another law. On December 2008, when Democratic
Party was back in power after gaining the election in June 2005, passed the law “The law on the
cleanliness of the Character of High Functionaries of the Public Administration and Elected
persons” but the law was declared unconstitutional on 23 March 2010 from Constitutional
Court before starting its effect. The law was very similar with the previous lustration laws. The
Constitutional Court gave 114 reasons to declare the Law No.10034/2008 “On the cleanliness of
the figure of high functionaries of the public administration and elected persons” as incompatible
with the Constitution of the Republic of Albania65. In addition, this law received censure from
Council of Europe’s Venice Commission.
LUSTRATION AND VETTING YEARS 2015-2020
In early 2015, Albanian parliament passed the Law No. 45/2015: “On the right to information on
the files of the former state security services during communist times – Sigurimi”. The period
subject to this law is 29 November 1944 until 2 July 1991. This is a transparency law more than
a lustration/vetting law. This law contains within articles dedicated to lustration/vetting and
is only for former officers and collaborators of State Security (Sigurimi). One of the goals of
the law is to provide lustration /vetting for candidate in high office, for officials appointed,
and elected. The Albanian Authority on Access to Information on the former State Security
Service have found thirty persons appear in documents of ish-Sigurim66. The lustration/vetting
of candidates concludes in December 2020. Four other laws have integrated lustration/vetting
measures within in compliance with Law no.45/2015. The law protects the privacy and identity
of the persons named in personal files but allows the victims to see the names of victimizers, to
the persons who informed or spied on them. Transparency and access about the Sigurimi files is
reached for the first time, despite attempts in earlier years. The Authority through activities and
the release of information67 is increasing public awareness about communism regime helping
to prevent future violation of human rights. After 2015 in Albania are being implemented 5
TJ measures (Table 1), such as monetary reparation and compensation, apologies from former
63.
64.
65.
66.
67.
Bertelsmann Stiftung’s Transformation Index (BTI) 2018
“Albania Country Assistance Evaluation 1992-1997” Report from CODE, Document of World Bank, November 2000
Constitutional Court Decision No.9, dated 23.03.2010
Annual Report to Albanian Parliament of the Albanian Authority on Access to Information on the former State Security Service
http://autoritetidosjeve.gov.al/
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents