The honouring of obligations and commitments by Albania
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 17 April 2024 (11th sitting) (see Doc. 15950, report of the Committee on the Honouring of Obligations
and Commitments by Member States of the Council of Europe (Monitoring
Committee), co-rapporteur: Mr Ionuț-Marian Stroe). Text adopted by the Assembly on
17 April 2024 (11th sitting).
1. Albania joined the Council of Europe
on 13 July 1995. Upon its accession, it undertook to honour the obligations
incumbent on all member States under Article 3 of the
Statute of
the Council of Europe (ETS No. 1) with regard to pluralist
democracy, the rule of law and human rights. In addition, it undertook
to honour a number of specific commitments listed in
Opinion 189 (1995) “Application
by Albania for membership of the Council of Europe”, adopted by
the Parliamentary Assembly on 29 June 1995. In conformity with the
monitoring procedure, as established in
Resolution 1115 (1997), the Assembly
has regularly assessed Albania’s progress with regard to the honouring
of its obligations and commitments.
2. The previous report on the honouring of obligations and commitments
by Albania was debated by the Assembly on 2 October 2014 and led
to the adoption of
Resolution
2019 (2014). The Assembly welcomes that many of the recommendations
and concerns outlined in
Resolution
2019 (2014) were addressed and that Albania has made
considerable and tangible progress in honouring its membership obligations
and accession commitments to the Council of Europe. At the same
time, the Assembly is cognisant that there are still a number of
unresolved issues and concerns that the country should strive to
address.
3. The Assembly welcomes that the protracted, systemic political
crisis that has plagued the country for years has recently started
to subside, although its root causes have not yet been resolved.
Nevertheless, it remains concerned about the polarised political
environment which is the Achilles heel of the democratic consolidation
of the country. Constant vigilance in this respect is necessary
and all political forces should continue to work incessantly to
create a political environment that is truly conducive to democratic
interaction and governance.
4. The Assembly welcomes the adoption, in 2020, of a new legal
framework for elections that was based on an inclusive process and
broad consensus between the political stakeholders. However, it
is concerned about the frequent changes to the electoral framework,
which reflect a tendency to play with the rules instead of by the
rules. The Assembly reiterates that the stability of electoral legislation
is essential to ensure the trust of the stakeholders and wider public
in the electoral process and the outcome of the elections. Therefore,
while calling on all political stakeholders to address, well before
the next elections take place, the shortcomings and deficiencies
identified during past elections, the Assembly urges them to move
away from using constant changes to the Electoral Code as a mechanism
to alter the balance of power or an alternative to normal political interaction
in the framework of the parliament. With regard to the electoral
framework, the Assembly calls upon the Albanian Parliament and authorities,
based on a broad consensus between all political forces, to:
4.1 adopt and consistently implement
legislation to address the abuse of administrative resources and
vote buying that have marred previous elections in the country;
4.2 adopt the necessary legislation to ensure that the legal
framework for party and campaign financing is fully in line with
international standards;
4.3 agree on the demarcation of the new electoral districts,
as foreseen by the 2020 Electoral Code, based on an inclusive process
that fully adheres to international standards;
4.4 adopt, as a matter of priority and well before new elections
take place, the required legislation to allow out-of-country voting
for the sizable Albanian diaspora, in line with the judgment of
the Constitutional Court of Albania.
5. The Assembly is concerned that the political polarisation
in the country, compounded by interparty and intraparty antics,
is undermining the system of checks and balances and limiting parliamentary
oversight. In this context, it regrets that the parliament has not
been able to find the required two-thirds majority to appoint a
new ombudsperson and a new Commissioner for the Protection from
Discrimination, whose terms of offices have ended, and has resorted
to using anti-blocking mechanisms that lower the required majority
for other appointments, including for the election of the President
of the Republic. The Assembly calls upon the opposition and ruling
majority to ensure the proper functioning of the system of checks
and balances, including an efficient and effective parliamentary
oversight over the executive, and to respect each other’s rightful
role and place in the governance of the country. In addition, the
Assembly urges the ruling majority and opposition to appoint, on
the basis of a broad consensus, a new ombudsperson and a new Commissioner
for the Protection from Discrimination, as this is essential for
the democratic legitimacy of these important institutions.
6. The Assembly welcomes the successful completion of the territorial
and administrative reform which has considerably reduced the number
of municipalities and has strengthened the efficacity of local self-government and
the provision of services to their citizens. It notes that adjustments
to the territorial administrative map, both to strengthen the efficiency
of local self-government and to address some undesired effects of
the reform, are being considered by the different political forces
in Albania. It is important that any changes to the number of municipalities
or the municipal borderlines should be based on a broad consensus
between the different stakeholders, while respecting the logic of
the reform to create strong and effective local government providing services
that are close to the citizens.
7. In this context, the Assembly is concerned that the territorial
and administrative reform has had a direct impact on the enjoyment
of minority rights in Albania. A number of municipalities where
minorities formed the local majority have been merged into larger
municipalities where these minorities are no longer the majority,
or even a sizable segment, of the population. This is compounded
by the fact that key minority rights, such as the right to education
in minority languages and the right to use minority languages in
local government affairs, are only granted at the local level when
the minority population in question exceeds 20% of the population
in the municipality. This threshold is excessive and is only met
in a very limited number of municipalities with sizable minority
populations. This should be remedied, in close consultation with
the minorities concerned, including in the context of the consideration
of possible adjustments to the administrative territorial map.
8. The Assembly takes note of the findings in the report on Albania
of the Congress of Local and Regional Authorities of the Council
of Europe, adopted on 22 September 2021, including with regard to
the allocation of functions and responsibilities between the central
government and local authorities, as well as the financial autonomy
of municipalities. It calls upon the Albanian authorities to fully
address the concerns and recommendations contained in this report.
9. The reform of the judiciary, with a view to ensuring its genuine
independence and the efficient administration of justice, has been
a long-standing priority for the Assembly within the monitoring
procedure for Albania. The Assembly therefore welcomes the considerable
and tangible progress that has been made in this regard by the Albanian
authorities. It welcomes in particular the constitutional amendments
of 2016 that allowed, in line with recommendations of the European
Commission for Democracy through Law (Venice Commission), for the
complete reorganisation of the High Court and Constitutional Court
and the establishment of a High Council of Justice and a High Prosecutorial
Council, as well as specialised judicial institutions to fight the
endemic corruption in the country.
10. The constitutional amendments also allowed for the vetting,
under international supervision, of all judges and prosecutors in
Albania. While being aware of the considerable, albeit temporary,
impact of this vetting procedure on the functioning of key judicial
institutions in Albania, the Assembly considers the vetting procedure
to be a success. The very high number of judges and prosecutors
that did not pass the vetting procedure, more than 60% of all positions
vetted, underscores both the importance and the necessity of this process.
11. The Assembly welcomes the establishment of a new judicial
map, in close consultation with the Council of Europe and European
Union, with a view to increasing the quality and efficiency of the
justice system and to addressing the considerable backlog of cases
that are before the courts. The judicial map will be evaluated every
five years on the basis of recommendations by the High Council of
Justice, which should allay and address any possible concerns with
regard to citizens’ access to the justice system as a result of
this reform.
12. While welcoming the marked and tangible progress made, the
Assembly urges the authorities to make all necessary efforts to
fully eradicate internal and external interference in the judiciary
and to address the still too low clearance rate of cases before
the courts.
13. Marked progress has been made with regard to the fight against
the still widespread and systemic corruption in Albania and the
persistent concerns about the intertwinement of organised crime
with economic and political interests in the country. The Specialised
Structure Against Corruption and Organised Crime (SPAK), comprising
the Special Prosecution Office (SPO), the National Bureau of Investigation
(NBI) and two specialised anti-corruption and organised crime courts,
is now fully operational and has started to produce concrete results,
including with regard to cases of high-level corruption. It is important
that these tangible results become a non-reversible trend and that
the anti-corruption structures have all the resources they need to
send a clear signal at all levels of society that there is no impunity
for corrupt behaviour.
14. Emphasising that SPAK was established to investigate and adjudicate
high-level cases of corruption and organised crime, the Assembly
considers that the monetary threshold for cases to fall, in an obligatory
manner, within SPAK’s mandate – currently around €500 – is too low
and risks inundating SPAK with cases and therefore limiting its
capacity to fight high-level corruption. It strongly recommends
that the authorities raise this monetary threshold.
15. The Assembly takes note of the compliance report by the Group
of States against Corruption (GRECO) for Albania in the framework
of its fifth evaluation round on preventing corruption and promoting
integrity in central governments (top executive functions) and law-enforcement
agencies. While welcoming the progress noted by GRECO, it regrets
that only 5 of the 24 recommendations made in GRECO’s evaluation
report have been satisfactorily addressed, while 13 recommendations
have only been implemented partially and 6 not at all. The Assembly
urges the authorities to fully implement the recommendations made
by GRECO as a matter of priority and in particular to:
15.1 address GRECO’s misgivings about
the ethics committee set up to oversee the implementation of, and
adherence to, the Ministerial Code of Ethics, by removing members
of the government from this committee;
15.2 ensure in law and practice that the prime minister is
accountable to the Ministerial Code of Ethics;
15.3 ensure that all ministries appoint integrity co-ordinators
tasked with ensuring compliance with the integrity plans developed
by each ministry in consultation with the different stakeholders,
including civil society;
15.4 ensure that regulations adopted to safeguard the transparency
of interactions with lobbyists involving ministers and persons who
have top executive functions cover all forms of contact, including by
electronic means, and not only physical meetings.
16. With regard to the execution of judgments by the European
Court of Human Rights (the “Court”), the Assembly welcomes the decision
by the Committee of Ministers to close its supervision of the execution
of the set of cases in Manushaqe Puto
and Others v. Albania, indicating a successful resolution
of the cases regarding the restitution of properties expropriated
by the communist regime that ruled Albania from 1944 to 1992, which
had been an important concern of the Assembly. Nevertheless, the
number of cases against Albania before the European Court of Human
Rights and under supervision by the Committee of Ministers is still
too high and additional and consistent efforts are needed to ensure
prompt execution of the judgments of the Court, especially with
regard to the execution of domestic court judgments and the excessive
length of proceedings. The Assembly highlights the importance of
respecting the protection of property and calls upon the Albanian
authorities to ensure the enforcement of final judicial decisions
issued by domestic courts on this matter, thus avoiding the need
for new cases to be brought before the Court.
17. The Assembly deeply regrets that, despite the overall progress
in honouring its obligations and commitments, the media environment
has continued to deteriorate in Albania. This backsliding is of
serious concern as a free and pluralist media environment is an
essential requirement for a well-functioning democracy. The Assembly
therefore calls upon the Albanian authorities to:
17.1 refrain from using threats and
harsh rhetoric against journalists that affect their physical safety and
their capacity to report;
17.2 fully decriminalise defamation, in line with international
standards, and cap the disproportionately high fines and excessive
amounts of compensation which may be awarded for defamation, as
they have a chilling effect on journalists and incite self-censorship;
17.3 enact proper legislation to counter the use of strategic
lawsuits against public participation (SLAPPs) against journalists,
media outlets and civil society organisations.
18. The Assembly pays tribute to the diverse, multicultural Albanian
society and its historical tradition of interreligious dialogue
and tolerance. While recognising that national minorities are –
with some exceptions – well integrated in Albanian society, the
Assembly has some concerns with regard to the adequacy of the legal framework
for the protection of minority rights. While the adoption of the
2017 Law on the Protection of National Minorities in the Republic
of Albania was a major and welcome step forward, the Assembly notes
that three essential by-laws that are required to implement the
provisions of this law have still not been adopted. These by-laws
concern key aspects for the enjoyment of minority rights, including
the right to self-identification, the right to education in minority
languages and their use in communication with the authorities, and
the procedure for the recognition of national minorities. In relation
to the protection of national minority rights, the Assembly urges
the authorities to:
18.1 adopt without
further delay, and in close consultation with the Council of Europe’s
Advisory Committee on the Framework Convention for the Protection
of National Minorities, the three by-laws to the 2017 Law on the
Protection of National Minorities governing the right to self-identification,
the right to education in minority languages and their use in communication
with the authorities, and the procedure for the recognition of national
minorities;
18.2 lower considerably, and flexibly interpret, the requirement
that a national minority needs to represent more than 20% of the
local population before minority rights and services are legally guaranteed
at the municipality level.
19. With regard to the situation of lesbian, gay, bisexual, transgender
and intersex+ (LGBTI+) persons’ rights, the Assembly welcomes the
adoption of the amendments to the Labour Code that prohibit discrimination on
the grounds of sexual orientation or gender. At the same time, it
notes that Albania still does not allow for the registration of
same-sex partnerships, contrary to European standards, or for people
to change their name and gender in the civil registry, which prevents
these people from exercising their civil rights. It calls upon the authorities
to address these two issues as a matter of priority.
20. The Assembly regrets that Albania has not joined the European
Charter for Regional or Minority Languages (ETS No. 148). Given
the extensive presence of minority languages in Albania, it calls
upon the authorities to sign and ratify this charter as a matter
of priority.
21. The Assembly welcomes the clearly expressed political will
by the Albanian authorities, as well as all political forces in
the country, to address, as a matter of priority and in close co-operation
with the Assembly and the relevant Council of Europe bodies, the
concerns and recommendations made in this Resolution and the accompanying
report of the Committee on the Honouring of Obligations and Commitments
by Member States of the Council of Europe (Monitoring Committee).
The Assembly therefore resolves to close the monitoring procedure
in respect of Albania and engage in a post-monitoring dialogue with
Albania in line with
Resolution
2018 (2014), with the objective of addressing the remaining
concerns outlined in this Resolution.
22. At the same time, if no tangible and concrete progress is
made in addressing the Assembly’s concerns and recommendations with
regard to the fight against corruption, the protection of minorities,
media freedom and freedom of expression, as expressed in paragraphs
15, 17 and 18 of this Resolution, the Assembly expects its Monitoring
Committee to consider, already in its first report under the post-monitoring
dialogue, whether Albania should be returned to the full monitoring
procedure.
