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uL stration laws dealing with state administration in Albania
dh) not having been dismissed from the civil service as a disciplinary sanction which has not
lapsed by the law;
e) fulfillment of the specific criteria related to education, experience and others for the respective
category, class, group, and position.
So, no requirement in terms of scanning or purifying the figure of the public officials. While
the decision of Council of Minister’s nr. 118, dated 05.03.2014, as amended, “Procedures of
appointment, recruitment, management, and ending employment relationship in civil service
of TMC” members of TMC, except general requirement supra, must fulfill qualities as below
mentioned: “ ... management skills; communication skills; … credibility, integrity, … “, and so
further. But this legal act has foreseen no mechanism how to proof the credibility or integrity
of these candidates, or, what does it mean to be credible or with integrity. Do these qualities,
credibility, and integrity, disallow who served as a leader in the political structures of the Party of
Labor, an appointee in the executive, or state administration, or an officer during the communist
period to be part of TMC? But in our opinion the specific legal requirements of having credible
and honest TMC members is room to initiate a process regarding the existence of information
in former State Security documents when this is required in the context of assessment, under
relevant legislation, the ethical, moral and professional qualities of the candidates to be
nominated or promoted within TMC. Secondly, what will happen if this process of verification
results positive? Will their relationship in the civil service be terminated? In our opinion by a
logical and contextual interpretation of termination of civil service relationship institute, cases,
and reasons, among them … when the appointment act to the civil service is found to be null
and void ..., to guarantee a credible and honest TMC they must be released from civil service.
Hereby we have concluded law nr.45 / 2015, dated 30.04.2015 “On the right to information on
the documents of the ex-state security directorate of state security directorate of the People’s
Socialist Republic of Albania” foreseen a minimalist not compulsory lustration mechanism.
As well as interpretation of us is supported by what the author/ s of this law intended, or, did they
say - intentio auctoris. For instance, in the explanatory report of the project law of Parliamentary
Commission of Work, Social Issues and Health, one of the representatives of government, as the
initiators of this law, has said:
“This is not lustration law, to be clear, this is a law for the right of information. What will
happen is to clarify all institutions who committed and what does he committed? Then
institutions are free to choose if they will recruit or appoint the candidate.” 45
While Elsa Ballauri, one of the outstanding figures of civil society regarding lustration issues,
has declared:
“It’s not enough just opening the files, but will be enough it will be accompanied with
lustration. .. If we will not accompany this process together with lustration, we can’t speak
at all for a decommunization process…”46
Moreover, in the explanatory report of the Parliamentary Commission of National Security,
the aim of this law section, it is written: “The primary purpose of this law is to allow for
every interested to be informed about ex Sigurimi files as well as to determine rules and
procedures to exercise this right within a transparent process.”47
As well as, in the explanatory report of the project law sent to Parliament by the Council of
Ministers, as the initiators of this law, it is written:
45. Report of the Parliamentary Commission of Work, Social Issues and Health, dated 15.04.2015, page 37.
46. Ibid.
47. Ibid.
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