Algemene situatie

Albania has been a parliamentary democracy since 1991. The political rights and freedoms of all citizens are guaranteed. The government is periodically elected through free and fair elections that have led to power changes on several occasions. Albania's administrative system is based on the separation and balancing of legislative, executive and judicial powers.

All political and social actors have unanimously accepted democracy as the way forward. All major reforms, ongoing institutional changes, political agendas and public debates are regarded as progress towards democracy and European integration. For example, electoral legislation is regularly brought more into line with international standards and recommendations.

However, political life is often paralysed by political infighting, personality clashes, a general polarisation between parties and recurrent parliamentary boycotts by the opposition. At every election, reports emerge that political parties buy some of their votes from their constituents. Moreover, clientelistic networks between politicians and citizens have penetrated deeply into all walks of life.

Authoritative sources also link the state of democracy in Albania (as in other Western Balkan countries) to the phenomenon of state capture. This refers to a strong nexus between political and economic elites in which corruption and organised crime play a fundamental role. As a result, politicians (at all levels) are able to intervene extensively in the judiciary, public administration and the media.

Albania has been systematically tackling endemic corruption for years. The creation of a special anti-corruption court (SPAK) in 2016 and its activation in 2019 is one of the most important initiatives. The aim of this judicial institution is to investigate and prosecute all corruption offences committed by past and present decision-makers. The Whistleblowers Act and a series of successive multi-sectoral anti-corruption strategies should also be mentioned. These initiatives are having an impact on the ground and are increasingly focusing on high-level corruption.

Albania has also been taking initiatives for many years to tackle the presence of organised crime. There are regular police operations to dismantle criminal organisations and to counter drug production and trafficking. Several international police cooperation agreements have been signed. A witness protection programme is also in place. However, Albanian crime groups remain among the most powerful across Europe. There is a criminal ecosystem in which criminal networks focused on drug and human trafficking are linked to local mafia families. Criminals from this ecosystem often join the government to ensure the development of their activities and maintain close ties with politicians and officials in high positions including in the police and the judiciary. Organised crime can be involved in the most serious crimes, such as murder. In the summer of 2023, SPAK managed to arrest top figures from the underworld as well as several high officials from the police and the judiciary in a large-scale, international investigation into drug trafficking.

In Albania, human rights and basic freedoms are enshrined in the Constitution. Basic human rights and basic freedoms are indivisible, inalienable and inviolable, and are the foundation of the entire legal order. The Constitution also stipulates that all international agreements ratified by Albanian law take precedence over domestic laws that might be incompatible with them.

The Albanian government has effective and complete control over the security forces. The operation of the police is strictly regulated by comprehensive and regularly updated legislation. The police responds adequately, promptly and in the interest of citizens. Complaints about the police can primarily be made at the SIAC. Such complaints regularly lead to administrative sanctions and (to a lesser extent) legal action. Citizens can also contact the Ombudsman's Office with complaints about police officers or detention staff. Possible corruption or unprofessional behaviour by police officers is countered by legislation and a wide range of practical initiatives (bodycams, onestop shops, reporting apps, etc.).

Albania has a functioning judicial system exercised by courts of first instance, courts of appeal and, above them, the Supreme Court, which is the highest appellate body. For the administration of justice in Albanian courts, the Constitution is the supreme legal authority, followed by ratified international treaties, which take precedence over domestic laws and judicial decisions of the executive. The Albanian Constitution provides for a fair and public trial (without excessive delays). All the standard rights of a modern constitutional state are in place. The government generally respects these rights, although trials are not always conducted in public.

Individuals and organisations can bring civil actions relating to human rights in all circumstances. If all remedies before the Albanian courts have been exhausted, an application can be made to the ECtHR.

After the fall of the dictatorship, the Albanian judiciary was long associated with endemic corruption, lack of integrity and accountability. To address this, the Albanian parliament adopted a set of 46 constitutional amendments (the justice reform package) on 22 July 2016. The reform package provided for new judicial institutions (SPAK, NBI, HJC and the HPC) as well as the so-called Law on General Vetting (vetting law). This law provides the basis for thorough, internationally supervised vetting of all judges and magistrates. In 62% of cases, this vetting procedure has since led to impeachment, dismissal or termination of office. Those who are dismissed also face prosecution. Almost every judge and magistrate has gone through the procedure.

Since the adoption of Law No 111/2017 On State Guaranteed Legal Aid (9 January 2018), there is a legal framework for the organisation, administration and functioning of a system of free legal aid. There are Primary Legal Aid Service Centres in Shkodër, Lezhë, Dibër, Durrës, Fier, Vlorë, Pogradec and Gjirokastër. By 2021, these centres had provided free legal assistance to 2,242 vulnerable persons (such as persons with disabilities, LGBTI persons, Roma, Egyptians and returned migrants). The Directory for Free Legal Aid also has agreements with a number of law schools and with 12 civil society organisations to provide free legal aid. The number of cases where free legal aid is offered is increasing, especially in cases against perpetrators of domestic violence.

In recent years, the Albanian government has sought to improve access to protection for persons from vulnerable groups through ever-improving legislation and increased police attention. However, the protection of human rights is not solely ensured by legal provisions within the framework of the ordinary judicial process. Citizens can also turn to other independent institutions (the Office of the Ombudsman, the Commissioner for Protection against Discrimination) and to a wide range of national and international NGOs.

Poor implementation of legislation and flaws or integrity issues in the security services and the judiciary may leave people vulnerable in specific situations. In these cases, civil society organisations, which have a free and robust presence in Albania, are able to facilitate access to further protection by the authorities.