18
The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
Other 1%
I don’t know
9%
Property rights were
never restored and are
still being violated
nowadays
67%
It has been repaired
and is being respected
under the laws
of a democratic state
2%
It was repaired but it
will take its time to
finish further
21%
Chart 7
The chart reflects the answers to the question of how many citizens think that property rights
have been rehabilitated today. As it can be seen, most feel that this right has never been restored
and is being violated nowadays too.
Source: Survey developed on the effects of property laws on the return and compensation
process in post-communist Albania, on the Albanian transition. 2019
3.3 The institutional reform is one of the strongest points of transitional justice and the foundation
of the rule of law. Institutional reform and the adoption of new laws on a democratic basis, are the
assurance of the non-repetition of the past.63 After the establishment of the democratic system,
the establishment of institutions that would operate under democratic laws began. The change
of the economic system, from a centralized economy to a market economy, led to the creation of
real estate markets, which represented the transfer of rights from one owner to another. Thus,
with the change of the economic system began the restoration of private property, the change
of ownership regime, civil circulation and the alienation of assets. However, for such markets
to function, privatization is needed. On the other hand, privatization alone is not enough for
markets to function. Potential real estate buyers must be able to identify the real owners because
the real owner is the one who enjoys the legal right to sell, rent, mortgage, make gifts and inherit.
This has a profound effect on economic development and especially on the promotion of foreign
investment. As a result, this provides legal certainty for both owners and buyers.64 In 1991, major
steps had to be taken to create a unified and effective real estate registration institution. However,
having a modern system could not be done so simply without creating a legal framework for
promoting and directing the land market so that transactions can be carried out easily and
for the whole society65. So, it had to go hand in hand with the drafting and promulgation of
property laws and the creation of institutions that would have such powers, according to the law.
According to the European Commission’s 2010 Analytical Report, legislation has often been
piecemeal and uncoordinated, creating a very complex legal framework, the legitimacy and
justice of which is often challenged by stakeholders. As evidenced by reports from the European
Commission66, the US State Department67 and the World Bank, difficulties are compounded by
Paul Seils, The Place of Reconciliation in Transitional Justice Conceptions and Misconceptions.(June 2017).2. .2.https://www.ictj.org/
sites/default/files/ICTJ-Briefing-Paper-Reconciliation-TJ-2017.pdf
63. “Redress may take a variety of forms, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition”. Guidance Note of the Secretary-General.United Nations Approach to Transitional Justice. (March 2010).8-9
64. Obtained material from the official website of the former Real Estate Registration Office, which has now become part of the State
Cadaster Agency.http://www.zrpp.gov.al
65. http://www.zrpp.gov.al(It was the official website of the Real Estate Registration Office, today turned to the State Cadaster
Agency)
66. European Commission Report.Property rights remain weak; damaging investment potential as well as economic activity as well
as lack of sustainable ownership impedes economic development and enhances corrupt practices. (2005). 30
67. Reports on Human Rights. 2009-2017.
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