uL stration laws dealing with state administration in Albania
commission.59 For instance, Mr. Bezhani proposed, as it is said in a letter sent to the Presidency
by him, the changing of law in terms of structure and competences of the Commission.60 But his
legal initiative was never considered by the Parliament of Albania.
While, as we have mentioned, the reason why law nr. 10034, dated 22.12.2008 did not achieve
its purpose was the abolition, in 2010, by the Constitutional Court with the argument that the
law had serious constitutional problems. But, imprimis this law was suspended by this court
just 2 months after it comes into force. Thus, as foreseen in article 43,44 of the law, Ex-State
Security Files Information Authority, law enforcement responsible authority, could not ask for,
or, to administer ex-state security files from other institutions “… within 3 months after the law
enforcement Internal Ministry, Defense Ministry, and State Information Service must transmit
in the administration of the Authority all ex-security files kept by them. ...”61 Indeed, the reasons
why constitutional court abolished this law are not the focus of this paper, but there are a lot
of documents explaining why, i.e., constitutional court decision itself, and many articles supra.
By reviewing these documents, we can conclude all of these reasons are behind how the law
was designed, i.e., serious constitutional problems, disrespect of international standards on
lustration, i.e., Council of Europe Resolute 1096(1996), and so further.
Whereas 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” was ranked by us as partially achieved its purpose because differently from two first
laws is taking place as well as foreseen a minimalist not compulsory lustration mechanism. So
constitutional institutions and public authorities are morally but not legally obliged to do such
requests under this law. The level of using this minimalist not compulsory lustration mechanism
depends on professionalism, personality, impartiality, independence of heads of constitutional
institutions and public authorities; political interferences, or, who is the individual under the
process of hiring or promoting.
59. Letter nr. 125, dated 31/12/1997.
60. Ibid.
61. Article 44.
91
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