24
The effects of property laws on the process of restitution and compensation
in post-communist Albania, under the framework of transitional justice.
without the justification of a public purpose, although compensation may be paid.
Recent developments. In the European Commission Reports, in the last two years, it has been
emphasized that progress should be made in the area of property rights by updating current
legislation and strengthening institutional coordination. According to European Commission’s
2018 report, Albania was required to take effective measures to strengthen the protection of
human rights, among them the most important and priority for resolution, property rights88. In
addition, the European Commission’s 2019 report identifies the need for continued efforts to
consolidate human rights and follows on with the same demand as in the previous year. Property
rights, according to this report, still need to be improved, to improve the legal framework for
registration, expropriation and compensation.. According to this report, there are 572 unresolved
cases before the ECtHR, most of which are related to property and due process in property cases.
On September 20, 2018, the Committee of Ministers of the Council of Europe issued a resolution
in which decided to close the monitoring of the cases of the Driza group and Manushaqe Puto89.
Prior to the creation of the State Cadaster Agency, the Property Treatment Agency handled 3,000
claims during 2018, with 6 950 still pending.90
Finally, regarding the effectiveness and trust of the citizens as for when this issue will end,
unfortunately most people think that it will never end. This is a clear indicator to understand
the negative effects that this property reform has created in the thoughts of the citizens of the
Albanian state.
It will be finished
this year
2%
It has finished
0%
It will take at
least 5 years
1%
More than 5 years
15%
10 years
3%
I don’t know
23%
It will never
finish
41%
It will take more
than 10 years
25%
Chart 12
This chart presents the
results when asking citizens
what they thought when the
property issue (restitution)
would be over.
Source: Survey developed on the effects of property laws on the return and compensation
process in post-communist Albania, on the Albanian transition. 2019
transfer between private parties
88. https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20180417-albania-report.pdf Commission Staff Working
Document. Albania 2018 .Report Accompanying the document Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the Regions. 2018 Communication on EU
Enlargement Policy
89. https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016808d646f
90. https://ec.europa.eu/neighbourhood-enlargement/sites/near/files/20190529-albania-report.pdf
Commission Staff Working Document. Albania 2019. Report Accompanying the document Communication from the Commission
to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2019
Communication on EU Enlargement Policy
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