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uL stration laws dealing with state administration in Albania
10034, dated 22.12.2008, and the law nr.45 / 2015, dated 30.04.2015. As the second step, we have
perceived the intended purposes of these above-mentioned laws. Where we have reached the
conclusion the lustration of state administration was/ is not their exclusive intended purpose.
These steps are closed by ranking these lustration laws in achieved their purposes, partially
achieved their purposes, and not achieved their purposes infra. While the third step was finding
reasons why these laws have failed to achieve successfully their purposes. On this account, we
have found that because of how these lustration laws were designed and implemented, they did
not achieve their purposes. This three-step method, by being well organized and systematic in our
thoughts and actions, was successful also, for establishing the conceptual structure underlying
this paper, which begins with an overview of lustration in Albania.
Thus, the first section “Overview of Lustration in Albania” deals with the ascertainment of all
lustration initiatives taken in Albania from 1990-2015. Moreover, to establish a base for our
analysis, as e second section, we have performed a detailed review of that available literature on
the lustration laws taken in Albania. Whereby reviewing them we have deduced some features,
limitations, and gaps in existing research about the Albanian lustration case. This detailed
overview of lustration in Albania and the literature review process has helped us in establishing
the third section, i.e., Methodology, which deals specifically with the determination of the methods
used in accomplishing the aim of this paper. All this preliminary work helped us to set up the
fourth section, the central section of this paper, where are identified lustration laws dealing also
with the state administration in Albania and their real intended purpose; found out whether
they had achieved or not the purposes for which they were brought into existence; the ranking
of these laws in achieved their purposes, partially achieved their purposes, and not achieved
their purposes; and will be concluded reasons why these lustration laws achieved their purposes,
partially achieved their purposes, or, did not achieved their purposes. Surely, conclusions and
recommendations will be an important part.
Hereby this paper, by focusing soleus on lustration laws dealing with state administration and
not generally in transitional justice in Albania like most authors did infra, by methodology used,
i.e., a combination of classical legal research methods, i.e., interpretation, by archives used, e.g.,
archives of Mezini, Bezhani Commission infra, contributes in understanding some of the reasons
why the lustration laws taken in Albania have failed to be successful in producing the intended
purposes, e.g., lustration of state administration.
OVERVIEW OF LUSTRATION IN ALBANIA
In our opinion, the law nr.7492, dated 08.06.1991 “The depoliticization of some state institutions”
can be considered as the first Albanian law containing elements of lustration. This law was
concerned to prohibit political activities in some of the most important state institutions, i.e.,
Parliament, Presidency, Council of Ministers, ministries, and so further4. Thus, based on this law,
within 15 days all public employees, members of political parties, had to give their resignation
from public offices. If not, they had to be dismissed. While who aspired to be employed in the
above-mentioned institutions had to give a written declaration as an approval of their political
disengagement.5 But regardless of the expressed aim of this law - ratio legis - the depoliticization
of some state institutions and the term used … political parties… in our opinion this law was the
first unintended attempt to purify some important state institutions from members of the onetime communist party. Because as we know just before 6 months of approval of this law, the
People’s Assembly formally sanctioned the creation of opposition of political parties. Where the
4. Article 1.
5. Article 5.
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