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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