TABLE OF CONTENTS

1........... Introduction.................................................................................................................... 3

1.1........ Preface........................................................................................................................... 3

1.2........ Context.......................................................................................................................... 3

1.3........ Relations between the EU and Albania............................................................................ 4

2........... Political criteria............................................................................................................... 5

2.1........ Democracy and the rule of law........................................................................................ 5

2.2........ Human rights and the protection of minorities................................................................. 15

2.3........ Regional issues and international obligations................................................................... 22

3........... Economic criteria.......................................................................................................... 23

3.1........ The existence of a functioning market economy.............................................................. 23

3.2........ The capacity to cope with competitive pressure and market forces within the Union........ 28

4........... Ability to assume the obligations of membership............................................................. 30

4.1........ Chapter 1: Free movement of goods............................................................................. 30

4.2........ Chapter 2: Freedom of movement for workers.............................................................. 32

4.3........ Chapter 3: Right of establishment and freedom to provide services................................. 32

4.4........ Chapter 4: Free movement of capital............................................................................. 33

4.5........ Chapter 5: Public procurement...................................................................................... 35

4.6........ Chapter 6: Company law.............................................................................................. 35

4.7........ Chapter 7: Intellectual property law............................................................................... 36

4.8........ Chapter 8: Competition policy....................................................................................... 37

4.9........ Chapter 9: Financial Services........................................................................................ 38

4.10...... Chapter 10: Information society and media.................................................................... 39

4.11...... Chapter 11: Agriculture and rural development.............................................................. 41

4.12...... Chapter 12: Food safety, veterinary and phytosanitary policy......................................... 42

4.13...... Chapter 13: Fisheries.................................................................................................... 43

4.14...... Chapter 14: Transport policy........................................................................................ 44

4.15...... Chapter 15: Energy....................................................................................................... 46

4.16...... Chapter 16: Taxation.................................................................................................... 47

4.17...... Chapter 17: Economic and Monetary policy.................................................................. 48

4.18...... Chapter 18: Statistics.................................................................................................... 48

4.19...... Chapter 19: Social policy and employment.................................................................... 49

4.20...... Chapter 20: Enterprise and industrial policy................................................................... 52

4.21...... Chapter 21: Trans European Networks......................................................................... 52

4.22...... Chapter 22: Regional policy and coordination of structural instruments........................... 53

4.23...... Chapter 23: Judiciary and fundamental rights................................................................. 54

4.24...... Chapter 24: Justice, freedom and security...................................................................... 59

4.25...... Chapter 25: Science and research................................................................................. 62

4.26...... Chapter 26: Education and culture................................................................................. 63

4.27...... Chapter 27: Environment.............................................................................................. 64

4.28...... Chapter 28: Consumer and health protection................................................................. 66

4.29...... Chapter 29: Customs Union.......................................................................................... 68

4.30...... Chapter 30: External relations....................................................................................... 69

4.31...... Chapter 31: Foreign, Security and Defence Policy......................................................... 70

4.32...... Chapter 32: Financial control........................................................................................ 71

4.33...... Chapter 33: Financial and budgetary provisions............................................................. 72

Statistical Annex......................................................................................................................... 73

1. Introduction 1.1. Preface

Since March 2002, the Commission has reported regularly to the Council and Parliament on progress made by the countries of the Western Balkans region. This is the first report on the country's progress following the publication of the Commission Opinion on Albania's application for membership of the European Union, issued in November 2010.

This report on progress made by Albania on preparing for EU membership:

– briefly describes relations between Albania and the Union;

– analyses the situation in Albania in terms of the political criteria for membership;

– analyses the situation in Albania on the basis of the economic criteria for membership;

– reviews developments as regards Albania's capacity to assume the obligations of membership, that is the acquis expressed in the Treaties, the secondary legislation and the policies of the Union.

This report covers the period from October 2010 to September 2011. Progress is measured on the basis of decisions taken, legislation adopted and measures implemented. As a rule, legislation or measures which are being prepared or awaiting parliamentary approval have not been taken into account. This approach ensures equal treatment across all reports and enables an objective assessment.

The report is based on information gathered and analysed by the Commission. Many sources have been used, including contributions from the government of Albania, the EU Member States, European Parliament reports[1] and information from various international and non-governmental organisations.

The Commission has drawn detailed conclusions regarding Albania in its separate communication on enlargement[2], based on the technical analysis contained in this report.

1.2. Context

The Stabilisation and Association Agreement between the EU and Albania was signed in June 2006 and entered into force in April 2009.

Albania presented its application for membership of the European Union on 28 April 2009. Following a request by the Council, the Commission submitted its Opinion on Albania's application in November 2010. In December 2010, the Council endorsed the Commission Opinion's recommendations. In its conclusions, the Council noted that the opening of accession negotiations will be considered by the European Council, in line with established practice, once the Commission has assessed that the country has achieved the necessary degree of compliance with the membership criteria and, in particular, has met the key priorities[3] set out in the Commission's Opinion. The Council invited the Commission to focus its 2011 progress report on implementation of these key priorities in particular.

1.3. Relations between the EU and Albania

Albania is participating in the Stabilisation and Association Process.

Overall, Albania has continued to smoothly implement its obligations under the Stabilisation and Association Agreement (SAA). It participated in the regular political and economic dialogue between the EU and the country through the SAA structures and contributed to the sound functioning of the various joint institutions. Meetings of the Stabilisation and Association Committee and Council took place in April and July 2011 respectively. All subcommittee meetings were held in the reporting period. Furthermore, the multilateral economic dialogue between the Commission, EU Member States and potential candidate countries in the context of the pre-accession fiscal surveillance took place at an expert meeting in May 2011.

Visa liberalisation for Albanian citizens was granted by the European Parliament and the Council as of 15 December 2010. It applies to holders of biometric passports travelling to the Schengen area . This decision was based on fulfilment of the specific conditions set out in the roadmap for visa liberalisation. Implementation of the visa free regime has been smooth so far. To ensure the continued implementation of the commitments, a post visa liberalisation monitoring mechanism was established in view of increased numbers of asylum seekers from the region. The Commission presented its first monitoring report to the European Parliament and the Council in June 2011. An agreement on readmission between the European Union and Albania has been in force since 2006.

Pre-accession financial assistance to Albania is provided under the Instrument for Pre-Accession Assistance (IPA). Through IPA National Programmes, the EU allocated a total of € 83.2 million in 2010 and € 82.0 million for 2011. The year 2010 also saw progress in the preparation of the Multi-Annual Indicative Planning Document (MIPD) 2011-2013, which adopts a sectoral approach with the focus on Justice and Home Affairs, Public Administration Reform, Transport, Environment and Climate Change, Social Development, Agriculture and Rural Development. The MIPD 2011-2013 for Albania was adopted in July 2011. IPA assistance is implemented by the EU Delegation in Tirana.

Albania continues to participate in the implementation of three cross border cooperation programmes at "internal borders" within the Western Balkans (Montenegro, the former Yugoslav Republic of Macedonia, Kosovo[4]); in one bilateral cross border cooperation programme with an EU Member State (Greece); and in three multilateral programmes (including EU Member States), i.e. in the ERDF European Trans-National Programmes South East European Space and Mediterranean Space, as well as in the Adriatic regional programme.

IPA projects in support of civil society in the period 2009-2011 focused on civil society organisations dealing with the fight against corruption, organised crime and human trafficking, with environmental protection and education, and also with poverty alleviation. The Commission has reviewed the Civil Society Facility to reach out more effectively to local community-based organisations, to better target needs in each country and to provide longer-term seed-funding to NGOs.

Albania continues to participate actively in three EU Programmes: the 7th Framework Programme (FP7) for research, technological development and demonstration activities (2007-2013), the Entrepreneurship and Innovation specific Programme (EIP) of the Competitiveness and Innovation Framework Programme (2007-2013) and the Europe for Citizens Programme. IPA funds are used to meet part of the costs of participation in all three programmes.

2. Political criteria

This section examines the progress made by Albania towards meeting the Copenhagen political criteria, which require stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities.

It also monitors compliance with international obligations, regional cooperation and good neighbourly relations with enlargement countries and Member States.

It analyses fulfilment of the 2010 Opinion's key priorities in particular.

2.1. Democracy and the rule of law

Albania's domestic political scene has been dominated by the continuation of the political stalemate and the partial boycott of Parliament by the opposition. This political deadlock dates back to the June 2009 general elections. The outcome of these elections, which were considered by OSCE-ODIHR as meeting most international standards, although marked by shortcomings, was contested by the Socialist Party. The violent incidents of 21 January 2011, which led to the death of four demonstrators, amplified the climate of mistrust not only between political forces but also vis-à-vis State institutions. The local elections of 8 May, as a result of the controversial vote count of misplaced ballots and contested results in Tirana, further accentuated the polarization between ruling majority and opposition. All of this diverted attention from much-needed EU policy reforms. Against this background, the government made some efforts to move ahead on the EU integration agenda, and in particular to prepare an action plan to address the recommendations of the Commission's 2010 Opinion. These efforts were mirrored by good cooperation between the ruling majority and opposition on the Action Plan in the parliamentary committee for European integration and joint work to achieve agreement on necessary reforms. Efforts were also made to launch working groups on electoral reform, although these stalled.

Parliament

Some modest progress was made in the organisation of the proceedings of Parliament. This includes a limited number of amendments to the Parliament's rules of procedure, some of which - such as moving the free speaking time to the end of a Parliamentary session, are an improvement over past practice. Other improvements include changes introduced by order of the Parliament's Speaker in January 2011 such as those involving chairpersons of parliamentary standing committees in the setting of the parliamentary agenda, and the full transcription and publication of the minutes not only of parliamentary sessions but of all parliamentary committee meetings.

In March 2011, the Parliament established a committee of inquiry, with the support of a large majority of Members of Parliament (MP), to investigate the management and activities of the leading bodies and services of the Parliament during the period September 2005 to December 2010. The committee held one meeting before the local government elections in May.

However, parliamentary work continued to be seriously hampered by the political stalemate between ruling majority and opposition, the lack of constructive political dialogue and increased confrontational rhetoric fuelled by the events of 21 January and the controversial process and outcome of the mayoral election in Tirana. The opposition ended its long boycott of parliamentary work on 5 September.

Due to the political deadlock, progress regarding legislative scrutiny and the oversight function of the executive remains insufficient. Some amendments to the rules of procedure, proposed and adopted with votes of the ruling majority, include taking tougher disciplinary measures against Members of Parliament. The inquiry committee into the leading bodies and services of the Parliament has not been mandated to conduct an analysis of the parliament's rules of procedure.

There have been some serious efforts to establish inter-party cooperation in the European Integration Committee, chaired by the opposition, in particular to work on the Opinion follow-up action plan. The Minister and the Deputy Minister of European Integration reported a number of times to the committee on European integration matters, which had not been the case before. Agreement has not yet been reached on key reform steps and measures to address the key priorities of the Opinion, which were included in the opinion follow-up action plan.

On the whole, the proper functioning of Parliament based on constructive and sustained political dialogue between all parties – which is a key priority of the Opinion – is not yet ensured.

During the reporting period the Parliament passed more than one hundred laws. However, the adoption of a number of much-needed laws requiring a three-fifths majority, which is a key priority of the Opinion, and where a consensus between majority and opposition is needed, is still pending. The limited or interrupted cooperation between ruling majority and opposition in parliamentary committees, the continuing restraints on access to specialist expertise, although improvements have been made in some cases, and further limited consultation with third parties, including civil society, raise questions about the quality of adopted laws.

Several measures were taken to strengthen the administrative capacity of the parliament, including the recruitment of additional staff. Additional advisory staff was provided to the Integration Committee in March 2011. Further steps were taken to strengthen the Parliament's infrastructures and to facilitate communication both within Parliament and with the public. A high quality network was installed, and online broadcasting of plenary sessions and the modernisation of other facilities contributed to increased transparency. However, there is still lack of administrative capacity in Parliament, and the politicisation of appointments which hampers the independence and professionalism of staff, remain a cause for concern. Consultation of civil society in the legislative process remains insufficient.

In June 2011, a Constitutional Court ruling requested by the ruling majority concluded that criteria for appointments to the Constitutional Court and High Court were to be defined in cooperation between the President and the Parliament. The hearing and voting process for presidential appointments, which has resumed after a period of suspension, continued to be marked by politicisation and confrontational rhetoric. Parliament has not yet ensured an orderly hearing and voting process for constitutional and high court appointments, which is a key priority of the Opinion.

No progress was made in amending the legislative framework for elections in line with OSCE/ODIHR recommendations, which is a key priority of the Opinion. In October 2010, the government initiated a cross-party round table to address the need for electoral reform. It invited all parties to propose amendments in line with OSCE/ODIHR recommendations. In March 2011, a political agreement was signed by the parties of the ruling majority (without the opposition) to set up a bipartisan parliamentary committee on electoral reform after the 8 May local elections. This committee has not yet been established. Electoral reform is blocked by the political stalemate and lack of political dialogue between the main parties.

The 8 May local government elections took place in a highly politically polarised atmosphere, which affected the overall conduct of the process. According to OSCE/ODIHR's final assessment, while the elections were competitive and transparent, mistrust between political parties prevailed and the parties did not discharge their electoral duties in a responsible manner. This climate adversely affected the administration of the elections. The OSCE/ODIHR assessment also pointed out that, despite a competitive process in terms of campaigning, numerous violent incidents marred the campaign period. Political parties did not comply with the gender requirement quota, which resulted in a low level of participation by women. Notable progress was made regarding the improvement of voter lists. However, problems relating to their accuracy persisted.

The OSCE/ODIHR observation mission noted that, while voting proceeded relatively well on Election Day, significant problems occurred in around 10% of voting centres. It also pointed to an overall positive, but lengthy counting process. In particular, the determination of the results of the Tirana mayoral election became a highly controversial process and the decisions of the Central Election Commission (CEC) were taken along partisan lines, lack reasoning and included inconsistencies. Political and legal controversy also occurred with regard to the handling of appeals by the Electoral College, in particular regarding Tirana.

Overall, despite a number of positive aspects, such as the competitiveness of the process, transparent technical preparations, relatively good conduct on voting day, a positive counting process, plurality and diversity of media coverage, the conduct of elections, which is a key priority of the Opinion, only partially met the best international standards and practices. Although the Electoral Code remains a good legal and technical basis for the electoral process, the electoral reform is a necessity for further progress. In this context, the role of the political parties is important not only as the main actors in reform processes, but also in ensuring that the political climate does not negatively influence the process and consequently does not have an adverse impact on the expression of the will of voters. The implementation of the OSCE/ODIHR recommendations for these elections as well as of those made in 2009 should constitute a priority for Albania's institutions and political class.

Overall, despite some improvements to parliamentary rules and practice and an increase in the Parliament's administrative capacities, the performance of the Parliament on legislative and oversight functions, which is a key priority of the Opinion, remains insufficient. The long-standing political stalemate, which was further fuelled by the 21 January events and controversy over the Tirana mayoral elections, has seriously hampered both parliamentary work and the necessary sustained and constructive political dialogue. The political stalemate also hampered establishment of a consensus enabling the implementation of relevant EU reforms. The opposition's partial boycott has obstructed parliamentary business. In this regard the end of the opposition's boycott and their return to parliamentary work on 5 September is a positive step towards the normalisation of political dialogue. An inclusive political environment conducive to cross-party consensus needs to be fostered in Parliament. The climate of polarization and mistrust between the government and opposition has affected the local elections of 8 May; there are areas where international standards were met, in the conduct of these elections, a key priority of the Opinion, and areas where this was not the case. Electoral reform, a key priority of the Opinion, has stalled. Parliament has not yet ensured an orderly hearing and a vote on constitutional and high court appointments, which is a key priority of the Opinion.

Government

The government coalition between the Democratic Party (DP) and the Socialist Movement for Integration (SMI) remained in place during the reporting period. In January 2011, following allegations of corruption, the Deputy Prime Minister and Minister of Economy, Ilir Meta, resigned. Lulzim Basha, running as candidate for mayor of Tirana, resigned from his position as Minister of the Interior.

The Ministry of European Integration (MoEI) has made significant efforts in preparing an Action Plan to address the Opinion's key priorities, which was coordinated with line Ministries and other relevant institutions. The MoEI actively consulted on the Action Plan with all key stakeholders and reported on it to the parliamentary Committee on European Integration. The Action Plan was adopted by the Council of Ministers in June. It has still not been approved by Parliament. Agreement on the Action Plan in Parliament is particularly relevant for reform areas requiring consensual decisions.

Steps have been taken to assess the legislative gap as regards alignment with the acquis and to prepare adjustments to the National Plan for the Implementation of the SAA 2009-2014 (NPISAA) accordingly. However, the NPISAA does have some shortcomings, including the lack of full coverage of acquis chapters. It also lacks a comprehensive assessment of the administrative capacities for the implementation of the acquis.

In order to fully play its role, the MoEI will require further resources in order to steer and manage the EU approximation process in full consultation with the relevant line ministries. The use of an IT system to improve the planning process, which has been ready since April 2011, has been delayed due to the pending adoption of amendments to the rules of procedure of the Council of Ministers. Progress on preparations for the harmonisation of legislation with the acquis has been limited, in part due to local elections which have taken up considerable attention on the part of politicians at central level.

Legislative drafting in line ministries needs to be improved by strengthening preparatory work and by appropriate consultations. Specific rules on improving transparency and consultation in the legislative process, which Albania is committed to adopt, need to be completed. The consultation process with civil society and other partners needs further strengthening.

Policy coordination needs to be developed further, particularly in relation to the Inter-institutional Coordination Committee for European Integration (KKNIE). The KKNIE often does not meet in the format laid down in the government regulation, and preparation of decisions for the government is hampered. The members of inter-institutional working groups are appointed on an ad-hoc basis, which contributes to the weakening of institutional memory. Some of the working groups have not met since October 2010. Despite these shortcomings, the KKNIE has played a role in defining the action plan for addressing the key priorities of the Opinion.

There were some developments in local government legislation. In November 2010, Parliament approved amendments to the Law on Local Government Taxes, giving local government units a mandate to reimburse small businesses for the cost of purchasing and installing fiscal devices. The increasingly difficult relationship between the DP-led central government and the majority of SP-led local government units has continued to impact on the process of decentralisation reform, which had previously been successful.

The management of local government taxes remains weak. Local government authorities continue to lack the administrative capacity to improve revenue collection, increase their fiscal autonomy and improve their performance accordingly. Several local government units were unable to approve the 2010 municipal budget - a situation which continued during 2011. The access of local government units to loans, as provided for by the law on local borrowing, remained limited.

Overall, considerable efforts were made by government and by the Parliamentary Committee for European Integration to advance and coordinate reforms on EU integration, and in particular to prepare an action plan to address the recommendations of the Commission's 2010 Opinion. The quality of legislative drafting and consultation with third parties require further improvements. The decentralisation reform process was adversely affected by the difficult relationship between central and local government.

Public Administration

Some limited progress can be reported in the area of public administration reform, which is a key priority of the Opinion. The Government has adopted a policy paper exploring various changes to be put in place by means of a new Law on the Civil Service. On this basis, amendments to the Law on the Civil Service were prepared. A policy paper on a new Law on Organisation and Functioning of the State Public Administration and an initial draft of this new law were prepared and communicated to stakeholders within the public sector. In June 2011, as part of the inspection reform, Parliament adopted the Law on Inspections. In the same month, a Council of Ministers decision defined standards and methods for the establishment of public bodies in terms of structure and organisation.

However, public administration reform has not advanced much overall. Important legislative acts requiring a three-fifths majority in Parliament, such as the law on general administrative procedures, the law on functioning of public administration and the law on administrative courts, are awaiting adoption.

Pending adoption of amendments to the Civil Service Law, the civil service is suffering from important shortcomings, especially in respect of the merit principle in recruitment procedures, allocation of temporary contracts, rules on promotion and mobility and dismissal of civil servants. The functioning of the civil service continues to suffer from politicisation, in particular as regards appointments. Implementation of Prime Ministerial (PM) Order of October 2010 setting a maximum limit of 2.5% temporary appointments in civil service positions remains poor. Evidence of proper implementation of the PM order still has to be provided.

The Human Resources Management Information System (HRMIS) is not yet operational and its database is incomplete.

The capacity of the Department of Public Administration (DOPA) was further increased by four additional staff and it can be considered as adequate overall. However, in the institutional context, it lacks the authority to play its role effectively. DOPA's capacity to collect and elaborate data from Ministries and to draft relevant reports remains insufficient. Data on the recruitment of civil servants since the adoption of the PM order in October 2010 are incomplete and not up-to-date.

The Training Institute for Public Administration (TIPA) has encountered serious difficulties in implementing planned training activities, and at the same time has had to cope with a substantial reduction of its operational budget. In June, with the vote of the ruling majority, Parliament appointed the fifth member of the Civil Service Commission. This post had been vacant since 2009, which led to difficulties in the decision-making process.

Limited progress was made on new types of auditing, such as certification and performance auditing, which is being developed gradually by the supreme audit institution (SAI). However, reporting to the Parliament on audit findings and the follow-up of audit recommendations still need to be improved in order to enable the SAI to fulfil its role in the national governance framework.

No progress was made on the appointment of the Ombudsman, a key priority of the Opinion, which has been pending since February 2010. Given the importance of this independent institution, there is a need for an effective, transparent and non politicised process of appointment. Nonetheless, the institution has proved to be active and responsive in investigating cases and drafting ad-hoc and comprehensive annual reports.

Overall, despite some reform measures such as the Council of Ministers decision on structure and organisation of public bodies of June 2011, essential steps in public administration reform, which is a key priority of the Opinion, including amendments to the civil service law, have not been completed. Adoption of relevant legislation is pending and contingent on overcoming the persistent political stalemate. Implementation of the existing laws and administrative acts remains weak. In the institutional context, DOPA continues to lack sufficient authority to take up its role fully. Establishing an independent, merit-based and professional civil service free from political interference has yet to be achieved. Appointment of the Ombudsman is still pending.

Judicial system (see also Chapter 23 – Judiciary and fundamental rights)

There has been some limited progress in completing the legal framework for judicial reform. A Judicial Reform Strategy and Action Plan, consulted with a broad group of stakeholders were adopted in July. They form a good basis for reform efforts. Adoption but also implementation of the strategy and action plan is a key priority of the Opinion. Implementation is only starting; it will require the allocation of adequate human and financial resources as well as sound inter-institutional cooperation. A new law on mediation in conflict resolution and relevant by-laws in line with EU standards were adopted in February 2011. In addition, by-laws to the judicial police law have now been adopted.

However, relevant legislation such as the law on administrative courts and amendments to the criminal code, which requires a three-fifths majority vote in Parliament, is pending. Further important legislation requiring a three-fifths majority vote such as the law on judicial administration and the law on the National Judicial Conference still need to be prepared and brought to Parliament.

No further progress has been made as regards the independence of the judiciary. There have been concerns about undue interference or hindrance of independent investigation and prosecution of possible criminal offences following the events of 21 January, which saw the death of four demonstrators. The process of appointing judges to the High Court and the Constitutional Court remains an issue of concern in terms of the length the process and most of all in terms of the risk of politicisation. The neutrality and independence of these institutions are still not fully guaranteed.

Regarding the professionalism of the judiciary, efforts have been made to align the work of the High Council of Justice (HCJ) with European standards by means of amending the evaluation system for judges, improving the reasoning behind appointment decisions taken by the HCJ and the creation of a Commission on transfers, promotion and appointment of judges. The effectiveness of the changes made to the evaluation system now needs to be verified in practice. The timing of the implementation of the new evaluation system has to be decided.

As regards impartiality, a computerised case management system and random allocation of cases in criminal and civil procedures are in place in most judicial offices. Further efforts need to be made in order to have a fully uniform and harmonised integrated case management system functioning in all courts, including the sound gathering of statistics. There is a code of ethics applicable to judges but its effective implementation remains a challenge.

In relation to accountability in the judiciary, the issue of overlap of inspection powers between the inspectorates of the HCJ and of the Ministry of Justice (MoJ) is still unresolved. In the absence of a revision of the law on the HCJ, which would require a three-fifths majority vote in Parliament, the MoJ and HCJ have adopted a Memorandum of Understanding to clarify some aspects of the overlapping inspection systems.

No progress has been made in combating corruption within the judiciary. One of the main factors obstructing investigations into possible cases of corruption in the judiciary is the full immunity enjoyed by judges. It will be necessary to limit or abolish the immunity of judges, which requires changes to the constitution. The poor working conditions and relatively low salaries of judges are risk factors for corruption in the judiciary.

No further progress was made regarding the efficiency of the judiciary. Reforms of the High Court planned by the MoJ aimed at improving the efficiency of the Court and reforming its internal organisation have been delayed.

Working conditions in courts are still poor in general and hearings often take place in judges' offices, which hampers transparency and efficiency. There is still no sound and adequate system of training for court administrators.

Court management remains poor due to a lack of human and financial resources, in particular in district courts of first instance. The yearly budget for the judiciary is € 69 million, which corresponds to 0.7% of the Albanian GDP. The backlog of court cases, and in particular the large number of cases older than three years, is still a problem. Unreasonable delays in court cases, which are often caused by postponement of court proceedings due to the absence of either the lawyers or the judges, and the unjustifiably large number of trial sessions for cases remains a matter of serious concern. The National Chamber of Advocacy has started drawing up a draft proposal to reform the disciplinary measures mechanisms for lawyers. Weaknesses in the drafting and insufficient reasoning of judgments remain a cause for concern. Criminal proceedings in the so called Gërdec case (the deadly blast in 2008 which killed 26 people) have so far included 152 hearings. There is a risk that unjustified and persistent delays in proceedings prevent fulfilment of the principle of a fair trial as enshrined in the Albanian constitution.

Enforcement of court decisions is weak, in particular in cases where state institutions are the defendants. The new private bailiff system has started to operate, but there is a need to improve case management for bailiffs. Further efforts are needed in order to increase enforcement rates.

The workload of the Constitutional Court is increasing, especially in relation to the alleged violations of the right to a fair trial. Moreover, the Court lacks adequate office space and equipment for its effective functioning.

Overall, limited progress was made in completing judicial reform, which is a key priority of the Opinion. The judicial reform strategy and its action plan were adopted in July. They form a good basis for reform efforts. Implementation is only starting; it will require the allocation of adequate human and financial resources as well as sound inter-institutional cooperation. Important legislation requiring a three-fifths majority vote in Parliament such as the law on administrative courts is pending adoption. Court backlogs and the excessive length of proceedings undermine the efficiency of the judicial system. Budgetary appropriations for the judiciary remain insufficient overall. The rate of enforcement of decisions is still poor. No steps have been taken to combat corruption in the judiciary, including limiting or abolishing the immunity of judges.

Anti-corruption policy (see also Chapter 23 – Judiciary and fundamental rights)

Some progress was made regarding the government's policies to fight corruption. In relation to the strategic policy approach on corruption, a new anti-corruption action plan for the period 2011-2013 encompassing individual action plans for all government ministries/agencies concerned was adopted in June 2011. The quality of action plans, including indicators to monitor progress, has improved. Implementation of action plans is proceeding.

There has been progress in strengthening the legal framework by implementing recommendations of the Group of States against corruption (GRECO) related to the issue of incrimination and political party financing. Regarding incrimination, recommendations were partly implemented; the Criminal Code amendments are awaiting adoption in Parliament by a three-fifths majority vote. Regarding political party financing, all recommendations but one were implemented; the latter is partly implemented because there is no clear deadline for submitting party annual financial reports.

The institutional framework to combat corruption has been further developed. With a view to improving coordination in the implementation of the anti-corruption strategy, a clearer distribution of responsibilities was defined between the inter-ministerial working group (IWG), the inter-ministerial Technical Group and the Technical Secretariat of the IWG. A new internal control department was established in the General Directorate of Customs. However, as in the Directorate of Tax Office, this department focuses more on financial control tasks than explicitly on anti-corruption measures. Free phone numbers for citizens to report suspected cases have been installed in a number of institutions concerned.

Efforts to improve inter-institutional cooperation were made through the signing of memoranda of understanding (MoU) foreseeing in particular an increased exchange of information and cooperation on investigations. The Department of Internal Control and Anti-Corruption (DIACA) and the High Inspectorate for Declaration and Audit of Assets (HIDAA) have each signed separate such memoranda with the High Council of Justice (HCJ) and with an anti-corruption NGO. However, the implementation and effectiveness of such MoU still have to be verified in practice.

Some limited preventive measures were taken by launching awareness-raising initiatives.

However, overall implementation of anti-corruption measures remains insufficient. Corruption is prevalent in many areas and remains a particularly serious problem.

There are shortcomings in the administrative capacity of relevant institutions and in the proposed mechanisms to ensure proper monitoring of the implementation of the anti-corruption action plans. The DIACA in particular has not been strengthened sufficiently as regards its staff and its monitoring competences; its ability to effectively coordinate anti-corruption policies accordingly remains limited. Reporting on anti-corruption measures and implementation by responsible authorities needs to be improved. Criminal law statistics as well as statistics on conflict of interest cases and prevention measures remain insufficient or unreliable.

There continues to be a lack of human resources and technical infrastructure in a number of investigation and law enforcement agencies. Joint Investigative Units, although continuing to be good instruments for investigating and prosecuting corruption cases, have insufficient human resources and technical equipment. HIDAA, although an important player in combating corruption, has limited resources to undertake extensive inspections and full audits of asset declarations by officials. In the light of this, HIDAA needs to further strengthen cooperation and exchange of information with other services such as the Financial Investigation Unit, Customs services, or the Immovable Property Registration in order to be able to conduct administrative investigations more effectively.

Investigation into possible corruption cases is hampered by the lack of access to the various registries (e.g. car registry and land register) by investigation and law enforcement agencies and by the lack of a central register of bank accounts.

Proactive investigation, i.e. systematic, targeted and risk-based investigations into possible corruption areas and cases, is lacking in Albania. The full immunity of high level officials remains a major obstacle to effective and successful investigation. Immunity of judges is only rarely lifted and the lack of confidentiality in a case following the lifting of immunity seriously impedes effective investigation. Following an initiative by a number of Members of Parliament in the ruling majority MPs can waive their immunity in cases of criminal prosecution on corruption charges by signing an individual voluntary declaration at the start of their mandate; this followed the amendment of parliamentary rules and regulations on immunity from criminal prosecution. While this expresses political will to tackle high-level corruption, the legal validity of these declarations is open to question. An amendment of the relevant constitutional provisions may be required in order to limit or abolish immunity both for judges and for MPs.

Although cooperation between agencies, including joint training, has improved further, the exchange of relevant information is often late or ineffective. Cooperation between law enforcement agencies and prosecution on the one hand, and courts on the other, remains insufficient.

Little progress has been made in developing a solid track record of proactive investigations, prosecutions and convictions in corruption cases at all levels, which is a key priority of the Opinion. In particular, investigation of medium and high level corruption cases is rare. The General Prosecutor launched an investigation on charges of corruption and misuse of office against the former Deputy Prime Minister (PM), Ilir Meta, following the publication of a controversial video. This subsequently also led to charges being brought against the former Minister of Economy, Dritan Prifti. The case concerning former deputy PM Meta is currently the only high-level case which has gone to court.

Overall, limited progress was made in the field of anti-corruption policy, which is a key priority of the Opinion. Although the legal framework and inter-agency structures are mostly in place, implementation of specific actions on the other hand remains ineffective overall and the results are insufficient. Public awareness campaigns are only just starting. The immunity of certain public officials, the absence of a proactive approach and the lack of resources and equipment continue to seriously obstruct effective investigation. There is no solid track record of investigations, prosecution and convictions at all levels. Corruption is prevalent in many areas and continues to be a particularly serious problem.

2.2. Human rights and the protection of minorities (see also Chapter 23 – Judiciary and fundamental rights)

Observance of international human rights law

Albania has continued the process of ratification of international human rights instruments by ratifying the Council of Europe Convention on Human Rights and Biomedicine. Ratification of the UN Convention on the Rights of Persons with Disabilities, signed in December 2009, is still pending. Delays in application and non-compliance with judgments of the European Court of Human Rights (ECtHR) are an issue of concern. Albania's decision to extradite a murder suspect to the United States in breach of an interim measure of the Court was criticised by the Rapporteur of the Parliamentary Assembly of the Council of Europe. During the reporting period, the ECtHR delivered 5 judgments finding that Albania had violated rights guaranteed by the European Convention on Human Rights (ECHR). A total of 83 new applications allocated to a decision body have been made to the ECtHR since October 2010. In September 2011, 321 allocated applications regarding Albania were pending before the ECtHR.

As regards promotion and enforcement of human rights, the appointment of the new Ombudsman has been pending since February 2010. Due to this legal void, the process of appointing three Commissioners of the Ombudsman's Office in November 2010 did not follow the procedures laid down by law. The Office of the Commissioner for Protection from Discrimination has become operational since January 2011 and moved to permanent premises in August, while recruitment of staff is nearing completion. Its capacity to manage cases and encourage potential victims to come forward needs to be strengthened. The allocation of sufficient resources to ensure the full independence of human rights bodies has not been guaranteed. Albania's respect for human rights continues to be monitored by international bodies. Following the events of 21 January, exceptional visits were made by both the Committee for the Prevention of Torture and the Commissioner for Human Rights of the Council of Europe. The latter underlined the need for thorough, impartial and credible investigations into these events and called for the persons responsible to be held accountable.

Civil and Political Rights

Taking additional measures to improve the treatment of detainees in police stations, pre-trial detention and prisons; strengthening the judicial follow-up of case of ill-treatment and improving the application of recommendations of the Ombudsman in this field is a key priority of the Opinion.

With regard to the prevention of torture and ill-treatment and the fight against impunity, some progress has been made in the penitentiary system, but there remain concerns over arrest and police custody. The General Directorate of Prisons has organised training events, multidisciplinary and thematic inspections, and has made efforts to address reported cases of ill-treatment. A new methodology on treatment of detainees was approved in January 2011. There has been some progress in procedures relating to the follow-up of recommendations of the Ombudsman in this field, with a specific working group being set up within the Ministry of Justice. However, it remains to be seen whether this will lead to the better application of the recommendations. Amendments to the manual on the rules and treatment of arrested and detained persons in police units have been drafted.

Cases of ill-treatment and excessive use of force continue to be reported, particularly during arrest and police custody. Such abuses were for instance reported in the aftermath of the events of 21 January 2011. Procedures for processing accompanied or arrested persons are not systematically observed. There is no evidence of any substantial progress on increasing the judicial follow-up of cases of ill-treatment. Budgetary allocations to the National Prevention Mechanism against Torture remain insufficient. The Memorandum of Understanding between the Ministries of Justice and Health regarding the care of mentally ill offenders is under negotiations but its signature is still pending. Mentally ill persons convicted of crime and under obligatory treatment continue to be held in the Institute of Kruja, instead of a specialised forensic institution. The treatment of mentally ill offenders still needs to be improved. The lack of a permanent appropriate solution for the placement of those under obligatory treatment remains a serious concern.

Blood feuds and extra-judicial killings continue to affect some sections of the population, with some families still choosing self-isolation for fear of reprisals. Although there is a lack of fully reliable data on the numbers involved, sources indicate that this phenomenon continues to exist and remains an issue of concern.

Some progress has been made concerning the prison system. Improvements in penitentiary infrastructure have continued. Capacity-building activities have been held for prison personnel and some attention has been paid to the treatment of vulnerable persons in prisons. In February 2011, amendments to the Council of Ministers Decision on the approval of the overall regulation of prisons were adopted. In April 2011, a Decision to include convicted and pre-trial detainees in the category of economically inactive persons, allowing access to free health insurance, was adopted. Development of the probation service and opening of new offices (now in 8 of the 12 regions) has helped to reduce overcrowding, which stood at around 10% in June 2011. Efforts have been made by the management in some penitentiary facilities to improve the living conditions of persons deprived of their liberty, for instance through increased outdoor breaks. Vocational training continues to be developed.

However, important problems remain, particularly with regard to poor conditions in some older prisons and pre-trial detention centres, as well as in police commissariats. Moreover, infrastructure planning is not always adequate. There have been several instances of collective complaint movements by groups of prisoners about living conditions and the use of physical and psychological violence by staff. These need to be thoroughly investigated. The living conditions of prisoners largely depend on what is provided by their families, including food. Conditions in health care facilities and the lack of heating in many institutions, including in some refurbished premises, are causes for concern. The use of individual padlocks on cell doors poses a risk to detainees in the event of an evacuation. Medical examinations upon entry into penitentiary institutions have not been conducted systematically and there are concerns over the confidentiality of medical data in prisons and police commissariats. There are further problems concerning confidentiality of phone calls and accessibility of complaint forms for the Ombudsman. Continued over-use of pre-trial detention for low-risk offenders and particularly for juveniles remains a concern.

As regards access to justice, a memorandum of understanding was signed in March 2011 between the State Commission for Legal Aid and the Commissioner for Protection from Discrimination to set provisions for free legal assistance for victims of discrimination. The State Commission for Legal Aid was set up, by-laws have been adopted, but the law remains to be fully implemented. Adequate mechanisms for the objective assignment of lawyers to cases have still to be developed. Access to justice for vulnerable persons and victims of domestic violence is hampered by the lack of implementation of the Law on Free Legal Assistance. Persistent delays in judicial proceedings call into question citizens' effective access to justice.

Freedom of expression continues to be generally respected, although progress in this field has been very limited. A positive development is the enhanced role of investigative journalism in revealing and denouncing corruption. The media provided extensive coverage of the May 2011 local elections and some outlets took a step towards increased independence by not broadcasting ready-made tapes provided by political parties. The moratorium on the use of defamation suits by government officials continues to be implemented. Although the Court of Appeal overturned the large fine imposed on a TV channel in a case involving a high-level politician, the application of the principle of proportionality of fines against media outlets or journalists is not always respected. Concerns have been raised in a number of cases over what media outlets describe as biased application of fiscal rules, financial pressures and bias in judicial proceedings. There has been a case of violence against a journalist who was attacked by unknown assailants on grounds reportedly related to his work. Editorial independence continues to be hampered by political and business interests, which also leads to self-censorship. No measures have been taken to enhance transparency in media ownership. Amendments decriminalising defamation and libel are pending a three-fifths majority vote. The independence of the public service broadcaster has not been increased and although three journalists' associations or trade unions exist, there still is no self-regulatory body for the media. Overall, there has been limited progress on completing the legal framework on the media. More efforts are needed to ensure media independence and freedom.

Freedom of assembly and association has generally been respected and no cases of deliberate prohibition of public gatherings have been reported. The reporting period was marked by a succession of rallies and demonstrations gathering supporters of the two main political parties. Although these were generally peaceful, there is serious concern regarding the violence that ensued during the demonstrations of 21 January 2011, in which four people were killed. The investigation into these events is ongoing, albeit very slowly.

The strategy on human rights defenders is being implemented. The Agency for Support to Civil Society is operational and has launched two calls for proposals. Albanian civil society lacks cooperation and capacity; most organizations remain dependent on donors, leading to excessive competition for funds in the sector. Civil society has been consulted on some legislative initiatives, particularly in the field of human rights. However, no systematic dialogue is in place and consultation of NGOs in the legislative process remains insufficient overall.

There have been developments in the field of freedom of thought, conscience and religion, which continues to be respected. In November 2010, the Albanian Evangelical Alliance signed an agreement with the government according to which Protestantism became the fifth official religion alongside the Sunni Muslim, Bektashi, Orthodox and Catholic religions. Based on this agreement the Albanian Evangelical Alliance will also be entitled to receive support from the state budget, as is the case for the other official religious groups.

Economic and Social Rights (see also Chapter 19 – Social policy and employment)

Taking concrete steps to reinforce the protection of human rights, notably for women, children and Roma, and to effectively implement anti-discrimination policies is a key priority of the Opinion.

Some progress has been made regarding women's rights and gender equality. The 2011-2015 extension of the National Strategy on Gender Equality and the Fight against Domestic Violence was adopted in June 2011. The National Referral Mechanism for victims of domestic violence was established in 17 municipalities. Amendments to the Law on Measures against Domestic Violence made it a legal obligation for the local government units to implement the Mechanism and provided for improved access to justice for victims of domestic violence. The national shelter for victims of domestic violence is operational, standards for care of victims in residential public and non-public centres have been adopted and training of health care workers to enable them to deal with cases of gender-based violence has taken place. Some awareness-raising campaigns have been organised to enhance participation of women in public life and to empower them economically. Some progress was made in the application of the gender quota compared to the last elections.

However, the gender quota was not respected throughout the country in the May 2011 local elections. In its report, the OSCE/ODIHR recommended that consideration should be given to increasing the amount of the fine for electoral subjects that do not respect the gender requirement and making receipt of public financing dependent on respecting these provisions. Only five women were elected mayor and two head of a commune. Women continue to be under-represented in the labour market, policy-making and politics. Implementation of existing legislative and policy tools in this field continues to be weak. Coordination between institutions at local and central level needs to be increased substantially. For the moment, the network of gender equality officers consists of only 15 persons in municipalities throughout Albania. Domestic violence still remains widespread and the protection of women against all forms of violence needs to be considerably strengthened in practice.

There has been some progress in the area of children's rights. The Law on the Protection of the Rights of the Child was adopted in November 2010. This law establishes several institutional mechanisms to ensure respect of the rights of children by the family, state and third parties at central and local level. A State Agency for the Protection of the Rights of the Child has been established and the members of the National Council for the Protection of the Rights of the Child have been appointed. However, the Council has yet to become operational. Child Rights' Units are now established in 9 regions and Child Protection Units in 28 municipalities and communes. Secondary legislation related to the Albanian Adoption Committee has been approved by the Council of Ministers and the pilot project on foster care involving 80 children continues to be implemented. A juvenile justice strategy addressing neglected aspects, such as the protection of child victims and witnesses of crime, and measures concerning offenders below the age of criminal responsibility, is pending. The State Police has started implementing an operational plan on preventing trafficking, maltreatment, sexual exploitation and coercion of juveniles to work or beg. It remains to be seen whether its implementation will lead to any substantial progress on reducing child labour. Although the Law on Protection of the Rights of the Child foresees the protection of children from physical and psychological violence, concerns remain regarding the exertion of violence against children, including use of corporal punishment

Progress in the treatment of socially vulnerable and/or persons with disabilities is insufficient. A working group led by the Ministry of Labour, Social Affairs and Equal Opportunities is preparing a law on persons with disabilities. The lack of access to equal rights resulting from the differentiated status for certain groups still persists. Individuals with mental disabilities still do not have an official status. Implementation of the national strategy on persons with disabilities continues to be inadequate and employment quotas are not enforced. In April 2011, a group of persons with disabilities staged a hunger strike to demand better conditions and increased welfare payments.

Some limited progress has been made regarding the implementation of anti-discrimination policies. The Office of the Commissioner for Protection from Discrimination has carried out several awareness-raising campaigns and training events. The Office has been consulted on draft legislation. Its website is operational and complaint forms have been made available online. So far, only eight cases of alleged discrimination have been submitted to the Office, with two of them leading to recommendations from the Commissioner. General awareness, particularly at the local level, of the provisions of the Law on Protection from Discrimination among the public and key professional groups (law enforcement, judges, education and healthcare workers) remains low. Greater knowledge of the law among citizens and professionals is needed in order to ensure its successful implementation. NGOs working with the lesbian, gay, bisexual and transgender (LGBT) community in Albania have been strengthened in the past year. In July 2010, the Ministry of Labour, Social Affairs and Equal Opportunities organised a public event on the protection of human rights of LGBT persons in Albania. However, the increased visibility of the community has not led to any substantial improvement in overall acceptance of LGBT persons and they continue to suffer from discrimination and marginalisation. Several cases of violence and ill-treatment targeting the transgender community have been reported. Homophobia remains widespread, including on the part of public service professionals.

Labour and trade union rights have generally been respected and some progress has been made towards encouraging sectoral and bipartite social dialogue. The operation of the National Labour Council has improved but membership criteria remain unclear. A new umbrella organisation for employers has been registered. However, collective bargaining at the private sector level has not been developed.

Property rights remain an issue of great concern. There has been little visible progress in developing a comprehensive strategy for property reform, which is a key priority of the Opinion, or for reforming the relevant legal and institutional framework. The coordination structure in the Ministry of Justice has not yet been established. Despite the progress made, the process of initial registration of immovable property has not yet been completed.

In order to integrate the electronic databases for land and property, the Government has committed to establish the Register of Territory. However, specific technical measures and legal instructions have yet to be put in place. Overall, the land and property databases remain isolated in the Immovable Property Registration Office and there is no coordination with the databases of other public institutions.

Other issues such as the property tax (a commitment of the National Strategy for Development and Integration) and legal clarifications in order to distinguish between property and development rights are not addressed. As a result, land market regulation and balanced land development have not made any significant progress.

Unresolved claims by former owners for compensation and restitution of property confiscated during the communist regime persist. Some measures have been taken by the Property Restitution and Compensation Agency (PRCA) following its restructuring. The rules of the special fund for compensation of properties have been improved and its financial resources increased. An initiative to revise the evaluation methodology and value map for the territory of the country is in the inception phase. The PRCA earmarked € 7.3 million for compensation of 1012 ex-owners. The Government has not communicated a timetable for enforcement of ECtHR judgements regarding property rights.

Respect for and Protection of Minorities, Cultural Rights

There has been very limited progress in the field of protection of minorities. Albania submitted its third country report on implementation of the Framework Convention for the Protection of National Minorities to the Council of Europe in January 2011. In May 2011, Albania changed the format of its civil status certificates; these no longer include the notion of "nationality" or ethnicity of individuals, but only their citizenship. Some minority representatives expressed concern over this initiative. No progress has been made towards strengthening the capacity of the State Committee for Minorities. No measures have been taken towards re-evaluating the distinction between national and ethno-linguistic minorities. Albania has still not adopted the European Charter for regional and minority languages. Although inter-ethnic relations remain good overall, there has been some deterioration in the climate for minorities, particularly in the context of preparations for the population census. After a first trial and sentencing, the case of the death of a Greek-speaking Albanian citizen in Himara in 2010 is now on appeal. The population and housing census, initially due to take place in April 2011, was postponed to October 2011. Albania decided to include optional questions on ethnic origin and religious affiliation in the census questionnaire. The collection of such data could serve to develop appropriate policies towards minorities based on updated statistics. Respect for international standards, including the principle of free self-identification, is of crucial importance.

As regards the Roma, a quota for Roma and Egyptian students taking up bachelor and master's studies established in the academic year 2010-2011 has been implemented. Another measure aimed at increasing attendance of Roma children in compulsory school education was the free distribution of textbooks; however, its implementation has not come up to expectations due to flaws in the system of reimbursement. The level of pre-school enrolment among Roma children continues to be lower than in the rest of the population. Preparatory classes for five year old children who have not attended kindergarten are being developed. The Roma Technical Secretariat has made efforts to assess progress in implementation of policies through preparation of monitoring reports.

However, implementation of the Strategy on improving Roma living conditions continues to be slow, due to inadequate resources and insufficient coordination of institutions involved at local and central level. Local level action plans for implementing the strategy have not been developed and responsibilities have not been clearly devolved. Despite an effort by the Roma Technical Secretariat to strengthen the functioning of the regional committees on planning and evaluation of social needs by including the National Action Plan for Roma Decade into their agenda, there continues to be a general lack of awareness at local level. There have been no specific budgetary allocations for the provision of critical social services for Roma and there is excessive reliance on civil society and international donors in this field. The resources of the Roma Technical Secretariat at the Ministry of Labour, Social Affairs and Equal Opportunities have not been increased. Although registration campaigns and awareness raising activities have been held, a number of Roma still lack official registration. The Roma still face very difficult living conditions and frequent discrimination, particularly regarding access to education, social protection, health, employment and adequate housing. Serious concerns arose over the forcible removal of around 45 Roma families by citizens from their settlement near Tirana train station in February 2011. The families affected have been provided with alternative but somewhat inadequate temporary accommodation by the authorities in the form of tents in a remote area of the city. They have been assisted by the international community and non-governmental organisations, particularly as regards the judicial follow-up of the case in which two persons were sentenced for destroying the settlements, but not for the physical and psychological injury to the victims.

Overall, progress in the field of human rights and respect for and protection of minorities has been uneven. Property rights remain an issue of serious concern. There has been little progress towards the adoption and implementation of a coherent property reform strategy and action plan. This is a key priority of the Opinion and is vitally important for the consolidation of property rights. The fragmentation of responsibilities and lack of coordination between institutions hampers effective implementation of policy and creates legal uncertainty and a systemic risk of corruption.

There has been partial progress on addressing the key priority on reinforcing the protection of human rights and the effective implementation of anti-discrimination policies. There have been important developments in this area, in particular the adoption of the Law on Protection of the Rights of the Child, the adoption of the new National Strategy on Gender Equality and the Fight against Domestic Violence, and the start of implementation of the Law on Protection from Discrimination. However, some important legislative gaps remain, including as regards persons with disabilities, and implementation of existing legislative and policy tools in this field is still inadequate. General awareness of the anti-discrimination legislation and the complaints mechanism needs to be increased. Concerns remain over continued discrimination against certain vulnerable groups, such as LGBT persons and Roma. Implementation of policy tools targeting the Roma minority and access of this community to social protection and services is still insufficient, leading to persistent marginalisation.

Some progress has been made towards addressing the key priority on improving the treatment of detainees and application of recommendations of the Ombudsman in this field. Measures have been taken to improve conditions of detention and systematise the follow-up of the Ombudsman's recommendations by the Ministry of Justice. However, cases of ill-treatment are still being reported, particularly during arrest and police custody, and conditions in some places of detention remain poor. Furthermore, the treatment of mentally ill offenders still needs to be improved and the lack of a permanent appropriate solution for the placement of those under obligatory treatment remains a serious concern.

2.3. Regional issues and international obligations

The Council of Europe (CoE) has continued monitoring the extent to which Albania is fulfilling its membership obligations and has closely followed developments relating to the political situation in the country through its specialised CoE bodies and via a permanent external office headed by a special representative of the Secretary General in Tirana which was opened at the beginning of 2011.

Albania has undertaken to cooperate fully with EULEX for a complete investigation of the allegations raised in the resolution adopted by the Parliamentary Assembly of the CoE on inhuman treatment of people and illicit trafficking in human organs in Kosovo, while at the same time rejecting the allegations. Continuous smooth cooperation by Albania, notably on the facilitation of requests for international legal assistance on its territory, is important.

Albania has aligned with the Council Decision advancing universal support for the International Criminal Court and promoting the widest possible participation in it[5]. However, it still maintains the 2003 bilateral immunity agreement with the United States, granting exemptions from the jurisdiction of the International Criminal Court. This does not comply with the EU Common Position on the integrity of the Rome Statute or with the related EU guiding principles on bilateral immunity agreements. Albania needs to align with the EU position.

Regional cooperation and good neighbourly relations form an essential part of Albania's process of moving towards the European Union. Albania continued to take part actively in regional initiatives, including the South East European Cooperation Process (SEECP), the Regional Cooperation Council (RCC), the Central European Free Trade Agreement (CEFTA), the Energy Community Treaty and the European Common Aviation Area Agreement. Within the framework of the SEECP, Albania endorsed in March the Regional Strategic Document and Action Plan on Justice and Home Affairs 2011-2013. Albania held the Presidency of MARRI (the Migration, Asylum, Refugees Regional Initiative) until May 2011. In this context, it supported the proposal to create a visa-free zone between the participating states that would allow citizens to travel with biometric ID cards only. Albania has completed the process of establishing visa-free regimes with all the countries of the region.

Albania is a constructive partner in the region and has continued to develop bilateral relations with neighbouring and other enlargement countries.

Relations with Bosnia and Herzegovina have remained good. The implementation of existing bilateral agreements and protocols has continued to proceed smoothly. Albania continued its good relations with the former Yugoslav Republic of Macedonia. An agreement for the full liberalisation of bilateral and transit transportation between the two countries was signed. Albania continues to have good relations with Croatia and Montenegro. Cooperation with Montenegro focused on economic and trade relations. Albania has stepped up its dialogue with Serbia. Albania's very good relations with Kosovo were maintained.

Relations with neighbouring EU Member States Greece and Italy remain very good. In February 2011, Albania and Italy signed an agreement on representing and protecting each other's interests in those countries where one of the parties lacks diplomatic representation.

Albania's relations with Turkey remain good. Turkey provided humanitarian assistance to Albania following the floods which affected the country in December 2010.

Overall, Albania continued to generally satisfy the Stabilisation and Association Process conditions and to contribute to regional stability by fostering positive relations with neighbours and regional partners.

3. Economic criteria

In examining economic developments in Albania, the Commission's approach was guided by the conclusions of the European Council in Copenhagen in June 1993, which stated that membership of the Union requires the existence of a functioning market economy and the capacity to cope with competitive pressure and market forces within the Union.

3.1. The existence of a functioning market economy

Economic policy essentials

In February 2011, Albania submitted its fifth Economic and Fiscal Programme (EFP) covering the period 2011-2013. The key objectives remained unchanged from the previous EFP and economic policy continued to be directed towards ensuring macroeconomic stability accompanied by expenditure-led budgetary consolidation. Progress on structural reforms was limited. In the context of the still-difficult economic situation of Albania's trading partners, the economic growth projected in the programme is on the optimistic side. Despite a more polarised political landscape, there was broad agreement on the key essentials of a market economy. Overall, consensus on the fundamentals of a market-oriented economy has been maintained.

Macroeconomic stability

Economic activity posted strong growth of some 3.8% in 2010, according to provisional data. GDP growth in 2010 was mainly driven by foreign demand as exports of goods rose by 63%, spurred mostly by exports of electricity due to a rebound in energy prices combined with full-capacity production from local hydropower generation, while domestic demand remained weak. Private consumption growth decelerated to 2.2%, weighed down by weak consumer confidence, loose labour market conditions, a decline in workers' remittances and sluggish household credit. Gross fixed capital formation contracted by 5.2%, reflecting the substantial cuts in public spending as part of the government's fiscal consolidation efforts. Provisional data show that economic activity continued to expand during the first half of 2011. Real GDP grew by 3.4% year-on-year in the first quarter with construction breaking its long contraction period and recording positive growth of 4.8% year-on-year, while growth moderated in industry and services that had recorded a swift recovery in 2010. Per capita GDP in terms of purchasing power parity was estimated at 27.1% of the EU‑27 average in 2009, up from 25.9% in 2008. Overall, the Albanian economy continued to grow, albeit below the previous high rates.

The current account deficit declined to 11.9% of GDP in 2010, from 15.1% in 2009, reflecting an improvement in all the components of the current account, most notably a strong recovery in exports of goods. The still large trade deficit narrowed to 23.4% of GDP in 2010, from 26.4% in 2009, in the wake of an across-the-board rise in exports. Strong increases were recorded in 2010 in energy exports, as the local hydropower generation operated at full capacity, followed by mining and construction materials. Albanian exports continued to depend heavily on the textile and footwear industries, which account for 34% of total exports, although their share is declining. Exports of mining products grew substantially in 2010 as new fields came into operation and global commodity prices recovered. Remittances were down by around 11.7% in 2010, to 7.8% of GDP, as result from weak international economic conditions in host countries. The current account deficit deteriorated in the first half of 2011, as the trade deficit widened due to the slowing down of energy exports and a 10% fall in workers' remittances.

During 2010, FDI inflows increased by 17.2%, primarily reflecting new investment in exploration and drilling for oil and gas and new concessions in the energy sector. Net FDI in the first quarter of 2011 was around one-third that registered in the corresponding period of 2010. Although FDI inflows increased year-on-year, a significant amount of foreign capital was repatriated resulting in a sharp drop in net FDI. Portfolio investment also increased, thanks to the €300 million Eurobond issue by the government. Capital inflows declined by some 11%. Overall, the balance of payments posted a surplus in 2010 which led to a corresponding rise in reserves of some €179 million. Albania preserved a sufficient level of international reserves at around 4.8 months of imports. Overall, despite an improvement in 2010, further reducing the current account deficit remains challenging, especially if the decline in workers' remittances persists.

Unemployment in Albania was high at 13.7% in 2010, the same as a year earlier. Private non-agriculture employment increased gradually during the year, while agriculture employment rose in the third quarter. Labour market conditions improved somewhat in the first half of 2011. Employment grew by 2.2% and 2.7% in the first and second quarters, respectively, mostly reflecting an increase in private non-agriculture sector jobs. Unemployment in the first quarter decreased to 13.5% and further to 13.3% in the second trimester. Labour market statistics continue to be weak and are distorted by a large informal sector. Overall, unemployment remains high.

The annual average inflation rate rose to 3.6% in 2010 from 2.3% in 2009, remaining within the Bank of Albania's (BoA) target range of 2-4%. The main contributors to inflation were international food and fuel prices along with higher administrated prices for water and electricity. Inflation accelerated to 4% in the first quarter of 2011 reaching a peak of 4.2% in May, before receding to 3.1% in August. The rise in inflation in the first quarter of 2011 was primarily driven by higher prices for food and, to a lesser extent, fuel, due to developments in the international commodity markets as well as increases in indirect taxes in 2011 (VAT on medicines and excise taxes). In response to rising inflationary pressures, the Bank of Albania raised the key repo rate from 5% to 5.25% in March.

The level of euroisation in Albania remains high. Foreign-denominated loans and deposits account for 67% and 47% of total stock, respectively. Although necessary for the currency's stability, such high euroisation constrains the room for manoeuvre in monetary policy and can be a source of instability in the financial system since it may expose banks to currency mismatches or indirect credit risks.

Albania continued to pursue a free-floating foreign exchange regime. The lek depreciated by 4.3% against the euro in 2010 and by a further 2.7% in August 2011. Overall, monetary policy remained sound, maintaining price stability while inflation remained within the target range.

During 2010, further progress was made in improving the tax administration in the form of both general revenue collection and administrative reforms. Electronic declaration has been made mandatory for VAT taxpayers, while the relevant legislation allows large taxpayers to file tax returns online. In 2011, various measures have been taken to broaden the tax base, including introduction of 10% VAT on medicines, a new system of fiscal stamps on excise goods and medicines, the extension of VAT to cover professional services and addition of more products subject to excise tax. In addition, the government declared a fiscal amnesty which aims to legalise undeclared assets and income. Despite these efforts, gaps remain in both revenue collection and administrative reform. A fully-fledged tax compliance system is still lacking, law enforcement continues to be weak, while the revenue collection at local government level remains weak.

The upward trend in the fiscal imbalance in recent years was reversed in 2010, with the budget deficit falling to 3% of GDP from 7%, a year earlier. This improvement in the budget balance was primarily expenditure-led. Total expenditure stood at 29.6% of GDP, or 3.4 percentage points less than in 2009. More than four-fifths of the reduction in expenditure resulted from cuts in capital spending (by almost a third from the 2009 levels). Total revenue stood at 26.6% of GDP in 2010, 0.6 percentage points higher than the previous year. The 2011 budget envisages a fiscal deficit of 3.5% of GDP, based on assumed real GDP growth of 5.5%. The projected increase in the fiscal deficit is mainly due to the planned rise in capital outlays as the government embarks on a renewed drive to upgrade infrastructure. In the period January-July 2011, total government revenue increased by 2.3%, while total expenditure rose by almost 6% compared to the same period of the previous year. Tax revenues for this period were lower than planned, reflecting over-optimistic projections. Moreover, tax receipts underperformed primarily as a result of weak indirect tax revenue amid sluggish domestic demand. The higher government expenditure was driven mainly by an increase in current expenditure, specifically by social security spending. The government deficit in the period January-July rose by a third compared to the same period of the previous year. These developments prompted the government to re-balance the budget in July by cutting expenditure to a more affordable level of revenues, aiming to preserve the 2011 deficit at 3.5% of GDP. Tax receipts were revised downwards while expenditure was cut, mainly as result of lower capital outlays and spending on maintenance. At the same time, an increase in public service salaries and pensions was granted in July 2011.

The primary source of deficit financing in 2010 consisted of domestic borrowing while, contrary to previous years, privatisation receipts were limited. The domestic financing of the fiscal deficit affects the level of interest rates for business and consumer borrowing and diverts savings to the public sector. Albania also issued its first-ever Eurobond on the international markets for €300 million with an interest rate of 7.5% and a five-year maturity. Most of the proceeds from the Eurobond were used to pay back a syndicated loan, while the rest is expected to finance public investment. In 2010, the debt-to-GDP ratio stood at 58%, down from 59% the previous year. Albania's relatively high public debt continues to show a short-term bias which requires frequent re-financing, although some three fifths of the debt is domestic. Still, in the event of an increase in interest rates, the fiscal space would be further limited suggesting that, at such high levels, public debt remains a source of macro-financial vulnerability. Overall, the fiscal deficit has been reduced significantly, but pursuing and strengthening budgetary consolidation that ensures a lasting reduction of the public debt remains a priority.

Overall, macroeconomic stability has been maintained, as Albania weathered the lingering adverse economic conditions in the region and beyond well. Monetary policy has successfully helped to keep inflation stable. The high level of euroisation continues to limit the effectiveness of the monetary transmission channels. The relatively high public debt restricts fiscal space and remains a source of vulnerability, underlining the importance of pursuing budgetary consolidation.

Interplay of market forces

The private sector contributes 80% of GDP and around 82% of employment. State participation in the economy remains low, but progress in the planned privatisation reform stalled in 2010. No progress can be reported with the government's remaining shares in some strategic companies. Overall, State involvement in the economy is low.

Market entry and exit

Albania has made good progress with facilitating business registration and business licensing procedures. The National Licensing Centre has extended its services network to cities beyond Tirana. However, the procedures for granting building permits remain lengthy, hampering the recovery of the ailing construction sector. The e-signature system to allow online applications for registration became operational in March 2011. The Albanian Investment Development Agency, which serves as a one-stop shop for foreign investors, became operational in June 2011. The Law on foreign direct investment was amended to grant special protection, under certain conditions, to foreign investors in the event of land ownership disputes. However, the impact on foreign investment cannot be assessed, as the new legislation has not yet been applied in practice.

Some progress was achieved on bankruptcy procedures with the establishment of the Bankruptcy Supervisory Agency. However, the Agency is not yet operational. Some 130 bankruptcy declaration requests were submitted during 2010 out of which 75% were analysed and only 6 were accepted to follow the bankruptcy procedure. Overall, some progress was made to facilitate market entry. However, bankruptcy procedures remain slow.

Legal system

Although some steps were taken on legalisation of properties and registration of land ownership in coastal and urban areas, a comprehensive strategy and action plan to tackle the enduring issue of property rights has not been adopted yet. Lack of secure property rights and weak enforcement of the rule of law remain causes for concern. Moreover, the business community continues to face delays in court procedures, and weak enforcement of contracts and execution of collateral. Informal methods of contract enforcement, by-passing the legal system, continued to be widespread. Steps were taken towards establishing the private bailiff office, but training and administrative capacity remain weak. Moreover, the delay in establishing the administrative court due to lack of political consensus remains an obstacle to investment.

Progress was achieved in the area of regulatory reform and on strengthening the institutions that oversee it. In 2010, the government adopted a regulatory impact assessment (RIA) system with the aim of improving the efficiency and effectiveness of the regulatory decision-making process. Phasing-in of a simple version of RIA is scheduled to commence in 2011, after which a decision will be taken on whether to switch to a full system by 2013. The new Law on inspections was adopted in June 2011 laying the foundations for restructuring the inspectorates. Overall, weaknesses in the rule of law and widespread corruption are continuing to have a negative effect on the business environment.

Financial sector development

Albania's financial system remains dominated by the banking sector, which accounts for some 95% of the system's total assets. Despite the banks' dominance, the share of bank lending to the private sector and households was low at 38.7% of GDP in 2010, up from 37.5% a year earlier, indicating that there is still significant scope for financial intermediation. The banking sector remains well-capitalised, with the capital adequacy ratio reaching 15.4% at the end of 2010 and falling slightly to 14.8% in the second quarter of 2011, well above the legal minimum of 12% set by the BoA. The profitability of the banking sector was positive during 2010, but profitability indicators deteriorated in the first half of 2011. While provisions have been adjusted accordingly, the level of non-performing loans (NPLs) remains a concern for the banking sector. The ratio of NPLs was estimated at 13.6% of total loans at the end of 2010 and rose sizeably to 16.6% in the second quarter of 2011.

The concerns over the worsening quality of the loan portfolio and subdued domestic demand kept banks from expanding lending. Credit growth slowed to 8.6% in 2010, down from 20.5% a year earlier. The private sector's loan portfolio grew at a more appropriate 10.6% in 2010 and was mostly directed to businesses, whilst household loans remained almost unchanged from 2009. Lending growth increased slightly in the first half of 2011 and stood at 12.5% in July. The interest rates charged by commercial banks on business and consumer loans continued to be driven by the interest paid on government securities. Following sharp withdrawals in 2009, deposit growth resumed during 2010, averaging 15.5% for the whole year as public confidence in the banking system was gradually restored, especially in the second half of the year. In the first half of 2011, deposit growth stood at approximately 15.8%, year-on-year. External borrowing by the banking sector reached 4.9% by the end of 2010 and rose to 6.4% by July 2011. The average yield of 12-month Treasury bills stood at 7.2% at the end of 2010, down from 9.2% a year before, and increased to 7.7% by August 2011.

The Bank of Albania's periodic stress tests show that the direct exchange rate risk made some moderate impact due to the low open foreign-exchange position of the banking sector. With respect to liquidity risks, the banking sector appears to have a very good liquidity situation for operations in the national currency, whereas operations in euro call for constant monitoring. Overall, the banking sector remains well-capitalised and liquid. However, the high level of non-performing loans is a cause for concern.

3.2. The capacity to cope with competitive pressure and market forces within the Union

Existence of a functioning market economy

Macroeconomic stability was maintained. GDP growth accelerated, but remained below historical averages. Inflation expectations remained anchored and the government deficit was brought down. However, public debt remains relatively high. The planned privatisation programme was delayed, the pace of reforms to facilitate market entry and exit slowed and weaknesses in the rule of law, particularly in contract enforcement and property rights, persist. Structural imbalances in the labour market and the external account remain high. Overall, although some progress was made in establishing a functioning market economy, Albania needs to commit itself to further structural reforms, amongst other things by bolstering economic policy governance, enhancing labour market performance and protecting property rights.

Human and physical capital

During 2010, the budget expenditure on education was estimated at roughly 3.4% of GDP. The budgetary allocation for 2011 is projected at 3% of GDP. Spending on education during 2011 will aim to improve the overall quality of service delivery at all levels of education and training with a particular focus on information technology and better matching of vocational education with market demand. Public spending on research and development accounts for 0.05% of GDP in the 2011 budget. Despite the government's efforts to consider education and health among its priority sectors, shortages of qualified employees persist, as a result of deficiencies in the education and skills system. ICT was added to the curricula for 17 vocational education and training schools. Some progress was achieved by the National Employment Service in improving the information system on job vacancies. The brain gain instrument which granted bonuses to public officials graduated abroad was suspended due to budget cuts in July 2011.

Investment stood at 36.8% of GDP in 2009, slightly lower than the 38.2% in 2008. Expressed as a percentage of GDP, private-sector investment reached 27.2%. FDI inflows are estimated to have increased by about 17% in 2010, to an estimated 8.8% of GDP, reflecting higher investment, mostly in the hydrocarbons sector. Public investment was directed primarily at road infrastructure. Construction of a new stretch of road between Tirana and Elbasan started at an estimated cost of about €270 million, financed mainly by soft loans from international financial institutions (IFIs). Rail transport remains underdeveloped. Further investment in improving the infrastructure and logistics will be needed in order to attract investors and stimulate tourism. Insufficient road maintenance and illegal construction along roads remain causes for concern. In the energy sector, a number of concession agreements for construction and operation of hydroelectricity generation plants were approved, and ddistribution losses have been slightly reduced overall. However, bill collection rates remain low at around 77%. Overall, spending on human and physical capital has increased. However, further investment will need to be committed to improve the competitiveness of the economy.

Sectoral and enterprise structure

The relative shares of agriculture, industry and services remained broadly unchanged in 2010 from previous years, with slightly less than three fifths of Albania's GDP generated by the services sector. Agriculture accounted for some 19% of output, but remains the largest employer with 55% of total employment in the second quarter of 2011. The share of construction fell to 11% in 2010 from 14.4% in 2009, while industry's share increased to 11% in 2010 from 9.5% a year earlier. Inward processing performed well during 2010 increasing its exports as compared with 2009.

Weak tax and expenditure policies and poor law enforcement, including the fight against corruption, have been fuelling a sizeable informal sector. Some steps were taken during the year to address informality, amongst other things by requiring large taxpayers to declare taxes online and proceeding with installing cash registers. However, since only around half of the companies have installed the devices, the take-up rate remains low. SMEs continue to obtain financing from a credit support scheme financed by the Italian government. By December 2010, 49 businesses had benefited from approximately €11 million under the scheme. An agreement signed in April 2011 between the Albanian government and six commercial banks will facilitate access to a €2.5 million credit guarantee scheme for businesses. Since November 2010, five new additional micro-credit institutions have been included in the credit registry.

Concerning network industries, the high rate of losses in the electricity distribution system remains a persistent challenge to electricity supply. The second third-generation (3G) licence in the telecommunications sector was sold in September 2011. The fourth mobile telecommunications company started operating during 2010. Prices in this sector are set by the regulatory body and a revised tariff reduction scheme entered into force in March 2011, aiming to regulate the market price. Overall, there were no major changes in the structure of the economy. While some measures were taken to combat the sizeable informal sector, informality remains a challenge.

State influence on competitiveness

Subsidies in 2010 are estimated to have declined to 0.3% of GDP from 0.4% in 2009. While there is no specific financial assistance for companies, subsidies are granted to a limited number of sectors, namely railways and water supply. State aid granted to the energy sector has declined since 2009. Overall, State intervention remains limited.

Economic integration with the EU

The openness of the Albanian economy continued to increase. The sum of imports and exports of goods and services stood at slightly more than 86% of GDP in 2010, up from 82% in 2009. Total foreign trade in goods and services rose by 12% in 2010 compared with 1.5% in 2009. Both imports (7%) and exports (21%) of goods and services grew at a faster pace than in 2009. The EU remains Albania's leading trading partner accounting for around three-quarters of both exports and imports in 2010, with the combined share of Italy and Greece amounting to 70% of total merchandise trade by volume. Overall, the EU remained Albania's leading trading and investment partner in 2010. Trade with CEFTA countries increased. However, Albania's production base is concentrated around just a few low value-added sectors and export markets, leaving the economy vulnerable to speci