82
uL stration laws dealing with state administration in Albania
legal impact, given that genocide and crimes against humanity were already indictable offenses
under the penal code, but it served as a bold political move to show that the Democrats were
intent to move ahead with the anti-communist policies, especially with an eye on the forthcoming
elections in 1996. While the law on ‘Verification of the Officials’ provided the legal instruments
to screen and ban from democratic office a wide array of former communist officials. At first
glance, the verification law opted for ‘wild’ measures to the extent that it regulated the screening
of an exceptionally wide list of positions in the old regime and employed radical measures of
banning from public office of all of the listed categories, but the new law proved to be loose and
defective enough to allow the enacting majority ample political discretion on the working of the
Verification Commission and the final results of screening. First, the provisions that enabled the
government to appoint six out of seven members of the Verification Committee, cast doubts on
the impartiality of the only institution in charge of managing the process. Also, the law shielded
from possible banning all party leaders, who were automatically excepted from the verification
process, but in cases when it was ‘required by other members of the party leadership.27 As per
the in our analysis, they conclude that transitional justice remains an open issue, which has
recorded merely incomplete and highly criticized results.28 Also, in their book “Encyclopedia of
Transitional Justice”-vol. II, Stan, and Nedelsky has written that the first round of transitional
justice was used by the government to destroy the opposition.29 Furthermore, in her articles,
Horne excluded Albania from the statistical analyses because of the lack of consistent data, but
she gave some important features about the process. For instance, firstly, Albania is categorized
as an insufficiently lustrated country, because of resisted attempts at transitional justice.
In this literature review journey, we have found very useful two articles, i.e., “Albanian lustration
act, its constitutional and international law pros and cons” of Vladimír Balaš, a Czech lawyer;
“Transitional justice in Albania: the lustration reform and information on communism files” of
Bledar Abdurrahmani, an Albanian lawyer. In the former article, the author after a thorough
analysis of relevant Albanian legislation, international law commitments of Albania and
casuistry of European Court of Human Rights, the author of this study submits, he believes that
the lustration law examined, i.e., law nr. 10034, dated 22.12.2008 “On the purity of the image of
high officials of the public administration and the appointees”, was adopted at an unfortunate
moment and in a rather unfortunate way. Thus, he has written that this law itself has several weak
points that detract from its value and significance and should be corrected as soon as possible.
For instance, the main problem is that the lustration law was adopted as an ordinary law although
it interferes with the rights guaranteed by the Constitution. This means that the real issue was
not the conflict (or supposed conflict) between the lustration law and the international treaties
to which Albania is a party, but rather the conflict between the Lustration Act and legislation
of superior force – the Constitution. Thus Balaš, within his article, gave us some legal technical
reasons why this new lustration law failed to produce the intended purposes. Whilst, in the later
article author, provides a detailed analysis of the latest legal reform of lustration and the right
to information on the files of the communist regime, i.e., 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”, which seeks to find whether it has
achieved or not the purpose for which these reforms were born in order to consolidate the new
democratic state and to build a future in peace and social and economic prosperity. The main
finding of him is that although that there were/ is a legal basis for lustration and the right to
information on state security files, this right has not yet become effective. Indeed, the added
values of our article compare to Balaš and Abdurrahmani are the number of lustration laws
analyzed, the focus only on lustration laws dealing also with the state administration, and the
methodology used.
27. Page 6-9.
28. Ibid.
29. Page 10.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents