90 uL stration laws dealing with state administration in Albania Finding out reasons why these lustration laws achieved their purposes, partially achieved their or did not achieve their purposes By using as data collection technique the secondary data coming from parliamentary reports, archives of the implementers authorities established under these laws; by using as data analysis techniques three approaches of textual interpretation and content analysis-to analyze documents, we have found out some of the reasons why these lustration laws achieved their purposes, partially achieved their purposes, or not achieved their purposes. *** Reasons why 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” did not achieve its purposes are simultaneous because of how this law was designed and how this law was implemented. Concretely behind of how the Commission of Verifying the Public Figures, established under this law, was designed to exercise its competences. Thus, for instance, the passive role of the Commission in initiating a verification process … “Commission initiate the procedure when a request is made by a) political parties in case of the local or central election, b) public administration institution in case of hiring, promoting a candidate or for current public employees, c) every interested individual.”52 So, this Commission had no the competence to initiate the verification of public figures ex officio. Secondly, even if one request is made, by one of the above-mentioned categories, the Commission can do verification prove … may call for the clarification the interested people, experts, and so further.53 By a linguistic interpretation of the modal verbs can and may54, the commission was able to do verification/ investigation and there was a possibility for the commission to call for clarification the interested people and experts. But it was not obligated to do so. Thus, the usage or not of these voluntary rights by the Commission, i.e., right to do verification/investigation, or, right to call experts, was depended by the Commission members will, or, by their level of professionalism, personality, impartiality, independency; political atmosphere, or, who was the individual requested to be verified. For instance, during consulting the files of Bezhani Commission we have found a very interesting official letter sent by Mr. Bezhani,55 head of the Commission, to the Presidency, Parliament and the Council of Ministers asking them to execute provisions of the law, e.g., “. not to be hired, appointed or promoted individuals without certificate of verification, appointed individuals/ current employees must be considered temporary employees until the verification process is over, to pass on to the commission lists of employees must be verified …” While in the annual reports, the correspondence letters of Mezini and Bezhani Commissions with Parliament and other state institutions are mentioned as reasons for not implementation of the law the political pressure, lack of the needed archival documentations56, lack of recognition of the law by the staff – lack of experience, expertise, training of the staff how to implement law; lack of explanatory sub-legal acts about the law; lack of infrastructure: offices, photocopy, writing machines, computers, paper, ink; lack of administrative staff57, lack of enough funds, the way how the commission was organized and its competences, frequent movements in public administration58, lack of collaboration by the central public administration institution side - the refusal of sending lists of employees to the commission by them, the missing 4 members of the 52. article 7. 53. article 6. 54. https://www.lexico.com/en/definition/may; https://www.lexico.com/en/definition/can.. 55. Dated 24/09/1997. 56. For instance, from 73 cassette tapes of National Information Service 56 of them were disappeared. 57. These were seen as the reasons why Commission was not able to verify public employees by Mr. Mezini, first head of the commission, – according to an official report of the commission. 58. These were seen as the reasons why Commission was not able to verify public employees by Mr. Bezhani, the second head of the commission, – according to an official report of the commission, no. 221, dated 28/04/1998.

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