uL stration and eV tting in post-communist Albania inter-linked
with civic trust in governmental institutions
the law was voted unanimously from the Member of Parliament, being so one of the rare laws
approved by all parties in consensus about wrongdoings from the past in history of Transitional
Justice in Albania. In compliance with Law No.7514/1991 “On Innocence, Amnesty of ExConvicted and Political Persecuted”, with political will of all parties in Albania Parliament will
be approved also two other laws, Law No.7748/1993 “For the status of politically ex-convicted and
prosecuted people by the communist regime” and the Law No.7598/1992 “On the creation of a
special fund for ex-convicted and political persecuted”.
The laws approved later on TJ measures are voted with e simple majority, with harsh debates and
not consensus from MPs in the parliament about the wrongdoers. Years later the consensus will
be seen only on changing and soften the laws. Especially in term of Lustration and Vetting laws.
LUSTRATION LAWS
The first law with lustration measures in Albania is the law “For a change of the Law no.7541/1991
“For the advocate in the Republic of Albania”, which predicted criteria for the lawyers’ license.
The law was proposed and approved with the simple majority in the parliament on December
1992, then the president will turn it to the parliament for some changes and it will be approved
as the law No.7666, date 26.01.1993 “For the creation of evaluation commission for the license of
exercising the advocacy and for a change in the law no.7541/1991 “For the advocacy in the Republic
of Albania”. In both dates, the law was approved with the simple majority. The law predicted
exclusive criteria for some category in the extra article 12/a34. The Socialist Party will appeal the
law at the Constitutional Court and the article no.3 of the law was declared unconstitutional. The
Constitutional Court argues:
“In the article no.3 added to the law “For the advocacy in the republic of Albania”, also in the
article 12/a, which in an imperative way, defines that are not allowed to work as lawyers, those that
any given time of party-state, have hade position predicted to this provision. The formulation
of this article which clearly express the kind of work that the lawyer had carried in the above
mention categories of party-state is the only criteria to ban them from the right to practice their
profession, despite the fact that the lawyer has or have had the moral and professional quality.
Avoiding the democratic criteria of the individual evaluation of these qualities is against article
28 of Constitutional Law no.7692/1993, where is predicted that “everyone has the right to gain
the means of life in an honest way that chose or accepted by themselves. The person is free to
choose his profession and work position35.
The article no.1, 3 and 4 were declared unconstitutional taking off all lustration measures
predicted by the law. Then it will be in 1995 the next Lustration laws.
THE POLITICS AND LUSTRATION
In light of the table above and the interviews with stakeholders and after the winning the election
on March 22, 1992, Democratic Party, proposed to the parliament a changed in the law “On Labor
Relation” to add the article 24/1 “for special reason related with the improvement of functions,
structures of state apparatus to give life to the reform, the competent state agency has the right
to transfer the public servant in another work position within their profession, when finding a
substitute position is objectively impossible, the agency can pass the public servant in another
34. Parlamentarian debate, legislature No.13, year 1992, pg. 2401; Year 1993, pg. 186
35. Constitutional Decision No.8, date 21.05.1993
129
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