The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
State, the work of competent institutions and the public interest.
3.2 The legitimacy and effectiveness of measures in the context of transitional justice are key
points in realizing the steps and goals outlined above. Citizens’ legal certainty about the state
and the laws it drafts is the foundation of a healthy society where people do not feel threatened by
the laws of their state. Reforms and laws are not enough, but they must be well-drafted, accurate,
clear, free of political interference, impartial, and well-implemented. These laws, which, by “falling
prey” to frequent legislative changes, have contributed to the creation of non-uniform executive
and judicial practices59 and have further aggravated the situation. Ensuring the enforceability
of various laws and legislative measures, the effectiveness and the results they deliver, are all
indicative of a fulfilled purpose.
A lot 2%
Chart 6
Not at all
45%
A little
53%
The chart reflects the responses of the
respondents to the survey on how secure they
feel in today’s property laws (legal security
principle).
Source: Survey developed on the effects of property laws on the return and compensation
process in post-communist Albania, on the Albanian transition. 2019
The results of the survey show that they do not feel secure before such a legal situation. In
the meantime, another factor that we need to be clear about, is the restoration of a social order
where former owners feel that their society is respecting their rights. It is questionable whether
former owners should be called victims, given that victims are perceived as individuals who
were interned, imprisoned or killed by this system. However, seen from a broader perspective,
even former owners are victims of an illegal act that caused great problems and suffering in their
lives, the consequences of which are felt by their heirs today. The above is also confirmed by the
UN Declaration on the Right to Restitution for Victims of Gross Human Rights Violations. It
defines “victims” as persons whom, “as a result of acts or omissions that constitute a violation of
international human rights or humanitarian law norms […], individually or collectively, suffered
harm, including physical or mental injury, emotional suffering, economic loss, or impairment of
the person’s fundamental legal rights. A “victim” may also be a dependent or a member of the
immediate family or household of the direct victims as well as a person who, in intervening to
assist a victim or prevent the occurrence of further violations, has suffered physical, mental or
economic harm.60
When talking about measures, their effects on society, we need to keep in mind the whole
society’s awareness of this issue, because their positive effectiveness is increased, measures are
more easily implemented, dignity is more easily repaired and property right holders are more
secure in the society where they live. The purpose of restitution61 in any transitional society is
not only the return of property to the owner but also the restoration of the dignity of people’s part
of human rights violations and their reintegration into society as equal citizens.62
59. Cross-sectorial strategy for property rights reform.2012-2020. Page 9.
60. United Nations, General Assembly Resolution 60/147, 16 December 2005.
61. As one of the measures of transitional justice.
62. “One of the primary goals of Transitional Justice is Recognition of the dignity of victims of human rights violations as citizens
and human rights bearers”.
17
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