The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
3%
4%
2%
6%
The inability of theAlbanian state to
draft effective laws
2
4% % 8%
21%
The fragility of the Albanian state
Lack the positive effects of property laws
Negative effects of property laws
6%
26%
9%
9%
The intention to use laws for political
purposes
Good wish to finish the prcess
New laws for new circumstances
Economic and social context
The recommendations of the European
Court of Human Rights
I don’t know
Other
Chart 10
Impossibility to draft effective laws
The following chart shows the results of the survey question on the causes that the laws were
changed and new compensation laws and schemeswere adopted.
Source:The
Survey
developed on
of property laws on the return and compensation
don’t know
recommendations
of the Ieffects
process inthe
post-communist
European CourtAlbania, on the
4% Albanian transition. 2019
Other
of Human Rights
2%
Impossibility
draft
6%
Obviously, the intention
to use these laws for political purposes
andtothe
inability to draft new
effective laws
Economic
and
social
laws prevailed as to why the laws were changed and why new laws8%were drafted. However, at the
context
same time, what
strikes the most is that the less expressed response is the good will to complete
3%
the process, which shows how much trust citizens have in the The
process
andofinthe
the political will
inability
to have it solved. The development of property reforms is not only
aboutstate
drafting
Albanian
to laws but also
laws for policies.
new
draft effective
laws and uniform
aboutNew
correcting
Hayami (1991) argues that using simple,
transparent
circumstances
21%in implementation are
rules and limiting
the scope for discretionary government involvement
4%
two key variables in a successful land reform. Furthermore, we need to emphasize that it is the
The fragility
of the and implement
direct responsibility
the political will and the work of governments
to design
Good wish toof
finish
Albanian state
the prcess
property policies.
However, there is still a real chance that before the
6% reforms are finished, or
even well under 2%
way, the government is replaced by another which may be less supportive and
Lack the positive
this may directly affect the continuity of property policies. effects
As far of
asproperty
politicallaws
will is concerned,
the regulation
of
the
property
issue
inevitably
depends
on
it
and
on
the
ability
to exercise and
9%
The intention to use
Negative
76 effects of
serve the laws
consensus
of
other
political
actors.
The
effects
of
the
property
reform
also extend
for political purposes
property laws
26%
beyond the national sphere, in the European9%sphere and wider. Albania’s accession to the
European Union is an area that is deeply affected by the effects of the property issue. From 2003
to 2009, all European Commission Delegation Progress Reports strongly criticized the lack of
compliance with constitutional provisions regarding the return of private property.77 Reports
of the European Commission have repeatedly identified that the property problem is affecting
Albania’s accession process. According to a European Parliament inquiry in September 2008 on
the process of property restitution in Albania, it was concluded that the legal situation governing
real estate property in Albania was very complex. The provisions of the applicable compensation
laws and administrative procedures had proved to be unsatisfactory by the time that the study
76. European Parliament. Directorate General External Policies of the Union .Property Restitution in Albania .Briefing Paper.
(September 2008). 1-2.
77. Commission of European Communities. Albania, Stabilization and Association. Report 2003, Brussels, COM(2003) 139 final,
26.03.2003. http://ec.europa.eu/enlargement/pdf/albania/com03_339_en.pdf
21
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