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The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
was completed. Albania had acted inefficiently with regard to the necessary creation of the
administrative infrastructure set out in the relevant legal acts. The protection of human rights,
the legal state and the functioning of a market economy capable of withstanding competitive
pressures in the European internal market are among the key criteria for EU membership.78
This also demonstrates the importance of the effects and impacts of property rights on the
development and continuity of Albanian state policies. The problems of our legislation have
often been reflected in the European Commission’s progress reports and analytical reports,
considering property rights and property issues as a whole major problem affecting the legal
side and of course our social life. Priority when discussing those responsible for carrying out
reforms to correct violations is given due importance to the political will to resolve the issue.
Political will and a proper planning constitute the first structure when seeking to develop certain
measures, whether legal, institutional, social, economic or whatever, with the primary aim of
correcting the past and ensuring non-repetition. When that political will is lacking, victims will
face a long and often difficult road to redress.79
3.7 The systematic problem of non-enforcement of final court decisions as well as administrative
decisions, ordering the restitution of property or compensation to former owners is a serious
concern. This problem especially in cases of lawsuits against the state, has always been
particularly worrying. It has been found to be a violation, together with the violation of the
right to property under Article 1 of Protocol 1 to the ECHR.80 These have been caused, by the
bailiffs’ inefficiency in enforcing the judicial decision, the lack of necessary funds and the lack
of an effective compensation system. However, since the introduction of the private offices’
service, the enforcement of court decisions has improved.81 The analysis put forward by the
European Commission Reports concludes that the situation in Albania has reached a level of
complexity that in some cases calls into question the principle of respect for human rights.
The implementation of laws and enforcement of court decisions is one of the points where the
procedures for restitution and compensation are most obstructed. By law, execution represents
the last link of a completed case, its implementation. If a decision, whether administrative or
judicial, is taken but not enforced, then what is the value and how much does it bring, how much
is the right restored in this case. The fines that the ECtHR has ruled for violations of the Albanian
state, for violating property rights, for problems with enforcement in addition to finding this
problem, have also increased the financial bill charged of the Albanian state.82 Delays in the
execution of the judgments of the ECtHR continued to be a problem, in particular with regard
to property rights, court proceedings and the right to a fair trial. The Court considers that nonenforcement of the final decisions constitutes an interference with the complainant’s right to the
peaceful enjoyment of his possessions within the meaning of Article 1 of Protocol No. 1 of the
European Convention on Human Rights.83
3.8 One of biggest effects of the Law no. 9482, dated 3.04. 2006 “On legalisation, urban planning
and integration of unauthorised buildings” is the huge financial bill, the heavy burden which
the ECtHR recommends to be as high as possible in favor of those who occupy state-owned or
third-party properties.
78. European Commission. Opinion on Albania’s Application for Membership of the European Union). Brussels, 9 November 2010:
6-8, 11;
79. International Center for transitional justice. Reparative Justice series. Reparations in Theory and Practice.13.
80. Referring to the case law of the European Court of Human Rights, Beshiri v. Albania, it is a concrete case where the ECtHR found
that non-enforcement of domestic (administrative and judicial) decisions constituted a violation of the right to property protected
by Article 1 of the Protocol. No.1.
81. European Commission Report on Albania.2019https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529albania-report.pdf
82. European Commission Progress Report on Albania. 2013.8
83. Xhezair Zaganjori. Arta Vorpsi. Denar Biba, Parime Kushtetuese dhe të drejta themelore në jurisprudencën e Gjykatës
Kushtetuese. 385.
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