uL stration laws dealing with state administration in Albania
“The law aims to allow for every interested to be informed about ex Sigurimi files.” 48
While experts of OSCE Presence in Tirana during discussions of this law has declared:
“This project law has foreseen no obligatory lustration, but allow the possibility to ask
information about candidates during their appointment in different institutions.”49
As per continuing, for fulfilling the purpose of this law was foreseen the establishment of a
commission, i.e., Files Authority. According to official information provided by experts of Files
Authority:
“It results for 2017 no requests were submitted by the institutions for the verification of
candidates to be nominated or promoted according to Article 29/1/b - TMC members in
the state administration and equivalent positions; for 2018, 292 candidates have been
verified, in order to be appointed or promoted according to article 29/1/b - TMC members
in state administration and equivalent positions, from which for 62 requests are submitted
by the Department of Public Administration, while 230 requests are submitted by Ministry
for Europe and Foreign Affairs. After the process of verification carried out resulted to
have data in ex-Security documents for 6 candidates – they were 6 candidates verified
according to the Ministry for Europe and Foreign Affairs list; for 2019, in the first quarter,
16 candidates have been verified in order to be appointed or promoted according to article
29/1/b – TMC members in the state administration and equivalent positions. After the
process of verification carried out resulted to have no data in ex-Security documents for 16
candidates.”50
It results, the 6 candidates which resulted to have data in ex-Security documents were not hired,
appointed or promoted by the Ministry for Europe and Foreign Affairs.51
To sum up, in terms of lustration it’s difficult to truly say if this law will achieve its purpose to
prevent/ remove who served as a leader in the political structures of the Party of Labor, etc., to be
part of Albanian state administration.
Table 2.
Ranking
Law
achieved their purposes
N/A
partially achieved their purposes
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”
not achieved their purposes
Law nr. 8043, dated 30 November 1995, “On the
Control of the Moral Figure of Officials and Other
Persons Connected with the Protection of the
Democratic State���;
Law nr. 10034, dated 22.12.2008 “On the purity
of the image of high officials of the public
administration and the appointees”
48.
49.
50.
51.
Ibid.
Report of the Parliamentary Commission of Legal Issues, Public Administration, and Human Rights, dated 04.03.2015, page 3.
Ibid.
Official information provided by the Ministry for Europe and Foreign Affairs, letter nr. 12446/1, dated 11.09.2019.
89
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