uL stration laws dealing with state administration in Albania But as Albania needed another lustration law, as cited by Genti Ibrahimi43, where every citizen to have the right of information on the documents of the ex-state security, ` a new law came into force - 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”. Prima facie, as the title itself states, this law is not lustration oriented. This law aims to determine rules and procedures to enable any person concerned to exercise his or her right to information on former State Security documents, through a democratic and transparent process, also to protect the individual’s personality, and national unity and reconciliation. Also, Files Authority is obliged to respond to any requests made by constitutional institutions and public authorities regarding the existence of information in former State Security documents when this is required in the context of assessment, under relevant legislation, the ethical, moral and professional qualities of the candidates to be nominated or promoted in public position as mentioned below: … b) …, members of Top Management Corp (TMC), … Thus, by a simple linguistic interpretation intentio operis – interpreting what the text actually says and intentio lectoris – what we mean by it, the purpose of this law is to guarantee the right of information on former State Security documents, through a democratic and transparent process; to protect the individual’s personality; national unity and reconciliation. But by a linguistic interpretation lato sensu of the phrases …. to protect the individual’s personality, and national unity and reconciliation… with a combined reading of article 29 of the law, there is room to see this law as a lustration instrument. But lustration of the figure of public officials -TMC can be considered a peripheral purpose of the law - a minimalist not compulsory lustration mechanism. As it is foreseen in the article 29 Files Authority is obliged to respond to any requests addressed by constitutional institutions and public authorities regarding the existence of information in former State Security documents when this is required in the context of assessment, under relevant legislation, the ethical, moral and professional qualities of the candidates to be nominated or promoted, but these institutions are not obliged to do such a request by this law. For instance, in the explanatory report of the Parliamentary Commission of National Security, the aim of this law section, it is written: “ … constitutional institutions and public authorities regarding the existence of information in former State Security documents when this is required in the context of assessment, under relevant legislation, the ethical, moral and professional qualities of the candidates to be nominated or promoted, but these institutions are not obliged to do such a request by this law. In any case, there will be no consequence even if the Files Authority has and offer information about a candidate.”44 As well as they are not obliged to do such a request also based upon leg specialis Civil Servant law, wherein article 21 are foreseen general requirements to enter the civil service: a) being Albanian citizenship b) having the full legal capacity to act, c) commanding the Albanian language, written and spoken; ç) being inappropriate health condition to carry out the respective duties; d) not being sentenced by a final court decision for the commission of a crime or a criminal contravention committed by intention; 43.https://www.dw.com/sq /shqiperia-ka-nevoj%C3%AB-p%C3%ABr-nj%C3%AB-ligj-lustracioni-ku-%C3%A7do-qytetart%C3%AB-g%C3%ABzoj%C3%AB-t%C3%AB-drejt%C3%ABn-e-informimit-p%C3%ABr-dosjet-e-sigurimit-e-t%C3%ABkaluar%C3%ABn/a-4039539. 44. Report of the Parliamentary Commission of National Security, dated 15.04.2015, page 1-2. 87

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