84
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”.
But as we have mentioned our final aim is to find out whether these laws had achieved or not the
purposes for which they were brought into existence, ranking them in achieve their purposes,
partially achieved their purposes, and not achieved their purposes, and then finding out
reasons why these lustration laws achieved their purposes, partially achieved their purposes,
or did not achieve their purposes. Thus, in our point of view, the precondition to reach this
was understanding their intended purposes. So, understanding what the author/ s of these laws
intended to say; to describe what the text says; and what the text conveyed to the implementers
of it.
Thus, let’s start our journey with the first lustration law dealing with state administration - law
nr. 8043, dated 30 November 1995, “On the control of the moral figure of officials and other
persons connected with the protection of the democratic state”. In the first article of the law are
determined the public officials’ figures and institutions under the dominion of the law “... general
directors, directors, … Council of Ministers, Ministries, and other central institutions”32. The
conditions to serve in these institutions were non-membership or non-participation in any form
in onetime Labor Party of Albania; non-governmental employment, or, in State Security during
28.11.1944-31.03.1991.33 To prove if one of the above-mentioned public officials, or, an individual
aspiring to be part of one of the above-mentioned institutions was in one of the situations listed
above was established a state commission. But, per our analysis, the text of this law offers two
evasive issues to be clarified. Firstly, the purpose of this law was only the prevention of whom
served as a leader in the political structures of the Party of Labor, etc., to be part of Albanian
political life or state apparatus, or, this law was also an instrument to guarantee the purifying of
Albanian political life or state apparatus from whom served as a leader in the political structures
of the Party of Labor, etc. Secondly, the purpose to prevent/ remove who served as a leader in the
political structures of the Party of Labor, etc., to be part of state administration was an aim itself
or it has peripheral importance?
Simply interpreting, the purpose of the law was to prevent who served as a leader in the political
structures of the Party of Labor, etc., to be part of Albanian political life or state apparatus. But,
by a linguistic interpretation of article 1 … Organs and functions for which this law determines
conditions to serve in them … intentio operis the text also says for the removing of who served
as a leader in the political structures of the Party of Labor, etc., from state apparatus. Indeed,
during consulting archives of the Commission of Verifying Public Figures, established under
this law, we have concluded this law was generally used to verify public officials in duty and
not those aspiring to be. Indeed, in the case of verifying those aspiring to be public officials, we
have seen only 2 requests addressed to Mezini Commission by the Defense Ministry. While, as
per the purpose of prevention, or, removal of who served as a leader in the political structures
of the Party of Labor, etc., to be part of state administration it was not the only aim of the law.
Especially, the Commission was focused on verifying political figures infra. These concluded
interpretations are also supported by what the author/ s of this law intended, or, had in mind, to
say - intentio auctoris. For instance, in the explanatory report of the project law sent to Parliament
by the Council of Ministers, as the initiators of this law, it is written:
The coming law “On the control of the moral figure of officials and other persons connected
with the protection of the democratic state” aims to eliminate/ avoid34 from participation
in the Albanian political life to those who their works or activities harmed the interest of
32
Article 1/ c/ ç.
33
Article 2.
34. Word used in Albanian menjanojë.
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