COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Commission Opinion on Albania's application for membership of the European Union
Date: 2010-11-09
Institutions: European Commission
Subjects: Albania, European Commission, accession to the European Union

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EUROPEAN COMMISSION 

Brussels, 9.11.2010 
COM(2010) 680 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Commission Opinion on Albania's application for membership of the European Union 

{SEC(2010) 1335 final} 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Commission Opinion on Albania's application for membership of the European Union 

A. 

a) 

INTRODUCTION 

Application for membership 

Albania presented its application  for membership of the  European Union on 28 April 2009. 
On  16  November  2009,  the  Council  of  the  European  Union  requested  the  Commission  to 
submit its opinion on this application, in line with the procedure laid down in Article 49 of the 
Treaty  on  European  Union,  which  states:  ‘Any  European  State  which  respects  the  values 
referred to in Article 2 and is committed to promoting them may apply to become a member of 
the  Union.  The  European  Parliament  and  national  parliaments  shall  be  notified  of  this 
application. The applicant state shall address its application to the Council, which shall act 
unanimously after consulting the Commission and after receiving the consent of the European 
Parliament,  which  shall  act  by  a  majority  of  its  component  members.  The  conditions  of 
eligibility agreed upon by the European Council shall be taken into account.’ 

Article  2  states  that  ‘the  Union  is  founded  on  the  values  of  respect  for  human  dignity, 
freedom,  democracy,  equality,  the  rule  of  law  and  respect  for  human  rights,  including  the 
rights of persons belonging to minorities. These values are common to the Member States in a 
society  in  which  pluralism,  non-discrimination,  tolerance,  justice,  solidarity  and  equality 
between women and men prevail.’ 

This is the legal framework within which the Commission submits the present Opinion.  

The Feira European Council in June 2000 had acknowledged that Western Balkan countries 
participating  in  the  Stabilisation  and  Association  Process  were  'potential  candidates'  for  EU 
membership.  The  European  perspective  of  these  countries  was  further  confirmed  by  the 
Thessaloniki  European  Council  in  June  2003  which  endorsed  the  "Thessaloniki  Agenda  for 
the  Western  Balkans”.  This  agenda  remains  the  cornerstone  of  the  EU  policy  towards  the 
region.  

The European Council of December 2006 renewed the EU's commitment "that the future of 
the Western Balkans lies in the European Union" and reiterated that "each country's progress 
towards the European Union depends on its individual efforts to comply with the Copenhagen 
criteria  and  the  conditionality  of  the  Stabilisation  and  Association  Process.  A  country's 
satisfactory  track-record  in  implementing  its  obligations  under  a  Stabilisation  and 
Association Agreement (SAA), including trade related provisions, is an essential element for 
the  EU  to  consider  any  membership  application".  At  the  Sarajevo  EU-Western  Balkans 
ministerial  meeting  on  2  June  2010,  the  EU  reiterated  its  unequivocal  commitment  to  the 
European perspective of the Western Balkans and that the future of these countries lies in the 
European Union.  

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In line with the Treaty requirements, the current assessment is made in terms of the conditions 
of eligibility laid down by the European Council. In Copenhagen in June 1993, the European 
Council concluded that:  

"Accession  will  take  place  as  soon  as  a  country  is  able  to  assume  the  obligations  of 
membership by satisfying the economic and political conditions required. 

Membership requires: 

that the candidate country has achieved stability of institutions guaranteeing democracy, the 
rule of law, human rights and respect for and protection of minorities; 
the  existence  of  a  functioning  market  economy,  as  well  as  the  capacity  to  cope  with 
competitive pressure and market forces within the Union; 
the  ability  to  take  on  the  obligations  of  membership  including  adherence  to  the  aims  of 
political, economic and monetary union". 

The Union’s capacity to absorb new members, while maintaining the momentum of European 
integration, is also an important consideration in the general interest of both the Union and the 
candidate countries. 

In  December  1995,  the  Madrid  European  Council  referred  to  the  need  "to  create  the 
conditions for the gradual, harmonious integration of [the applicant] countries, particularly 
through  the  development  of  the  market  economy,  the  adjustment  of  their  administrative 
structures and the creation of a stable economic and monetary environment." 

The Stabilisation and Association Process (SAP) conditionality was defined by the Council on 
31 May 1999. It includes co-operation with the International Criminal Tribunal for the Former 
Yugoslavia (ICTY), and regional co-operation. These conditions are a fundamental element of 
the  SAP  and  are  integrated  into  the  Stabilisation  and  Association  Agreement  with  Albania, 
which entered into force in April 2009. 

In  December  2006,  the  European  Council  agreed  that  'the  enlargement  strategy  based  on 
consolidation,  conditionality  and  communication,  combined  with  the  EU's  capacity  to 
integrate new members, forms the basis for a renewed consensus on enlargement'.  

In  the  present  Opinion,  the  Commission  analyses  Albania's  application  on  the  basis  of  the 
country’s capacity to  meet  the  criteria set by the Copenhagen European Council of 1993 as 
well as the conditionality of the Stabilisation and Association Process. Albania's track-record 
in implementing its obligations under the Stabilisation and Association Agreement, including 
trade  related  provisions,  is  also  examined.  The  Opinion  has  been  prepared  following  a 
methodology  similar  to  that  used  in  previous Opinions  with  some  adaptations  reflecting  the 
2006  'renewed  consensus  on  enlargement'.  The  Commission  organised  a  number  of  expert 
missions in Albania which concentrated mainly in the fields covered by the political criteria. 
This  methodology  allowed  for  a  solid  assessment  of  the  administrative  capacities  of  the 
Albanian institutions and of the way legislation is implemented, and helped to better identify 
remaining challenges and priorities for future action. The Commission has analysed both the 
present  situation  and  medium-term  prospects.  For  the  purpose  of  this  Opinion  and  without 
prejudging any future date of accession, the medium-term perspective has been defined as a 
period of five years.  

The report containing the detailed analysis on which this Opinion is based is made public as a 
separate  document  (Analytical  Report  for  the  Opinion  on  Albania's  application  for  EU 

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membership1). In line with the renewed consensus on enlargement, the analytical report also 
provides  initial  impact  estimates  with  regard  to  key  policy  areas  and  sectors  (freedom  of 
movement  of  workers,  agriculture  and  rural  development,  regional  policy  and  financial  and 
budgetary provisions). The Commission provides more detailed impact assessments for these 
key policy areas at later stages of the pre-accession process. In addition, an accession treaty 
for  Albania  would  involve  a  technical  adaptation  of  the  EU  institutions  in  the  light  of  the 
Treaty on the European Union.  

b) 

Relations between the EU and Albania 

Following  the  establishment  of  a  parliamentary  republic  in  March  1991,  the  European 
Community established relations with Albania in June 1991. 

In 1992, a Trade and Cooperation Agreement between the EU and Albania entered into force. 
Economic  cooperation  was  enhanced  in  1999,  when  Albania  started  to  benefit  from 
Autonomous Trade Preferences from the EU and Albanian export products obtained duty-free 
access to the EU market.  

A Stabilisation and Association Agreement between the EU and Albania2 entered into force 
in April  2009, superseding the Interim  Agreement on trade and trade-related  aspects, which 
entered into force in December 2006. Albania has, overall, smoothly implemented obligations 
under  the  Stabilisation  and  Association  Agreement  including  its  trade-related  provisions. 
Whenever  problems  arose,  Albania  has  been  open  and  constructive  to  identify  means  to 
address them. 

Political dialogue meetings at ministerial level between the EU and Albania have been held 
since  2001.  The  Joint  Committee  established  under  the  Interim  Agreement  met  three  times 
between 2006 and 2008. Meetings of the Stabilisation and Association Council took place in 
May  2009  and  2010.  The  first  meeting  of  the  Stabilisation  and  Association  Committee  was 
held in March 2010. Subcommittee meetings were held in 2009 and 2010. 

The  first  European  Partnership  with  Albania  was  adopted  by  the  Council  in  20043.  In 
February 2008 the Council adopted a new European partnership with Albania4.  

In the framework of the visa liberalisation dialogue, Albania has made important progress in 
the different areas of the roadmap. The Commission therefore presented a proposal on lifting 
the  visa  obligation  for  the  citizens  of  Albania  on  27  May  2010,  which  was  subject  to  the 
fulfilment of outstanding criteria. The proposal was adopted by the European Parliament on 7 
October and by the Council on 8 November 2010. An agreement on readmission between the 
European Union and Albania is in force since 2006. 

Albania became a full member of the Energy Community of South East Europe following the 
signature  of  the  Energy  Community  Treaty  in  October  2005  and  its  subsequent  entry  into 
force  on  1  July  2006.  Albania  signed  the  European  Common  Aviation  Area  (ECAA) 
agreement in June 2006. 

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SEC (2010) 1335 of 09.11.2010 
OJ L 107, 28.4.2009, p.166. 
OJ L 35, 7.02.2006, p.1. 
OJ L 080, 19.03.2008 p. 1. 

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Albania  takes  an  active  part  in  the  EU  economic  and  fiscal  surveillance  and  reporting 
arrangements applying to potential candidate countries since 2006. 

The  National  Strategy  for  Development  and  Integration  (2007-2013)  represents  the  key 
strategic  policy  document  of  the  Albanian  Government  outlining  its  long-term  national 
development and EU integration objectives.  

The  European  Union  is  Albania's  most  important trading partner accounting for 80% of the 
total foreign trade volume in 2009.  

Albania has been receiving EU financial assistance since 1991. Overall, between 1999 and 
2010  the  EU  committed  over  €  565.7  million  to   Albania.  From  1999  to  2006,  Albania 
benefited from EU CARDS assistance worth € 259.6 million. Since 2007, CARDS has been 
replaced  by  the  Instrument  of  Pre-Accession  (IPA)  programme,  under  which  Albania  has 
received assistance worth € 306.1 million from  2007 to 2010. IPA aims to support the reform 
process  in  the  country  in  the  context  of  European  integration  with  a  focus  on  institution 
building,  introduction  of  the  EU  acquis  and  improvement  of  socio-economic  conditions  as 
well  as  environmental  protection  and  sustainable  development.  Financial  and  institutional 
support is also being provided to civil society.  

A Framework Agreement between the European Community and Albania on participation in 
EU  Programmes  was  ratified  in  May  2005.  Albania  so  far  actively  participates  in  three  EU 
Programmes:  the  7th  Framework  Programme  (FP7)  for  research  and  technological 
development (2007-2013), in 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.  

B. 

CRITERIA FOR MEMBERSHIP 

1. 

POLITICAL CRITERIA 

The present assessment is made on the basis of the Copenhagen criteria related to the stability 
of  institutions  guaranteeing  democracy,  the  rule  of  law,  human  rights  and  respect  for  and 
protection of minorities and the conditionality of the Stabilisation and Association Process. 

Albania  is  a  parliamentary  democracy  based  on  a  constitutional  and  legislative  framework, 
which is largely in line with European principles and standards. There is a general consensus 
on the goal of EU membership. Yet, the effectiveness and stability of democratic institutions 
is  not  sufficiently  achieved.  Parliamentary  institutions  and  procedures  do  not  function 
properly.  As  a  result,  parliament  does  not  exercise  effective  oversight  and  control  over  the 
government  and  its  scrutiny  of  legislative  development  is  weak.  Political  dialogue  is 
confrontational and unconstructive, not least because of the political stalemate since the June 
2009  elections.  This  obstructs  parliamentary  work  and  prevents  necessary  policy  reforms 
based on consensus. The government together with the opposition share the responsibility for 
reaching, in a transparent way and in full respect of the constitution, solutions needed for the 
country to move forward on its EU integration path.. In addition, there are shortcomings in the 
implementation  of  legislation.  The  public  administration's  legal  framework  and  the  civil 
service  system  are  mostly  in  line  with  European  standards  and  practices.  However,  proper 

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implementation of the legal framework is a concern, and the public service is very politicised, 
lacks transparency in appointments and is marked by high turn-over of staff.  

The  June  2009  legislative  elections  were  assessed  by  the  OSCE-ODIHR  as  meeting  most 
international  standards  and  as  being  an  improvement  over  past  practices.  However, 
shortcomings  were  identified  and  a  number  of  recommendations  were  made  for  future 
elections  including  addressing  the  politicisation  of  processes  such  as  the  vote  count. 
Recommendations have not yet been translated into a satisfactory electoral reform, which is 
needed for upcoming elections. 

Albania has in recent years strengthened rule of law, in particular by conducting legislative 
and institutional reforms of the judiciary and in the areas of the fight against corruption and 
organised  crime.  Administrative  capacity  notably  of  law  enforcement  bodies  has  been 
strengthened.  However,  reforms  remain  incomplete,  there  are  substantial  shortcomings 
regarding the independence, transparency and accountability of the judicial system and a solid 
track record of effective fight against corruption and organised crime is missing. 

The reform process of the judiciary is on-going. However, a comprehensive and coordinated 
judiciary  reform  strategy  is  pending  as  is  the  adoption  of  key  laws  including  on  the 
administrative  courts  and  the  organisation  of  the  High  Council  of  Justice.  Serious  concerns 
remain on the overall functioning, the efficiency and independence of the judiciary. There is a 
lack  of  transparency  in  the  appointment,  promotion,  transfer  and  evaluation  of  judges  and 
there are considerable weaknesses in the inspection system of the judiciary. The cases of non-
respect of Constitutional Court decisions by government in recent years and the politicisation 
of the vote on the President's Constitutional and High Court appointments are of concern as 
they  challenge  fundamental  principles  such  as  the  independence  of  the  judiciary  and  the 
respect  for  the  rule  of  law.  Human  and  financial  resources,  as  well  as  infrastructure 
conditions,  are  not  adequate  and  need  to  be  improved  to  ensure  the  efficient  functioning  of 
courts. 

Albania has made efforts over recent years to establish a legal and institutional framework to 
fight corruption, which is now broadly in place. Despite these efforts, corruption is prevalent 
in many areas and constitutes a particularly serious problem. Areas of particular concern are 
corruption  in  the  judiciary  and  in  relation  to  the  system  of  restitution  and  compensation  of 
property  rights,  and  widespread  bribery  in  the  health  sector.  Absence  of  transparency  in 
political  party  funding,  allowing  inappropriate  influence  on  politics,  is  a  considerable 
problem.  Albania  needs  to  complete  the  legal  framework  in  the  field  of  fight  against 
corruption and to address obstacles to effective investigations notably of judges, ministers and 
MPs related to the unlimited immunity of these public officials. Thorough implementation of 
the  anti-corruption  strategy  and  action  plan  needs  to  be  ensured  and  a  solid  track  record  of 
pro-active  investigations  and  prosecutions  as  well  as  of  conclusive  indictments  and 
convictions in corruption cases at all levels established. 

In  the  area  of  the  fight  against  organised  crime,  Albania  has  established  a  legislative  and 
institutional framework which is largely adequate. Reform of law enforcements authorities, as 
well  as  their  adequate  resources  and  equipment  contributed  to  counter  this  phenomenon. 
However,  effective  implementation  of  new  legislation  and  the  professionalism  of  new 
structures and systems need to further be proven in practice. Proactive investigation needs to 
be  ensured  and  cases  that  have  been  successfully  investigated  need  to  be  followed  by 
convictions.  Activities  of  organised  crime  groups  in  Albania,  having  impact  outside  of  the 

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country  remain  an  issue  of  serious  concern.  Further  strengthening  of  cooperation  at  the 
international level is necessary, including in particular with neighbouring countries. 

The Albanian legal and policy framework regulating human rights and the respect for and 
protection  of  minorities  is  largely  in  place  and  broadly  corresponds  to  European  and 
international  standards.  The  institutional  framework  is  adequate.  However,  there  are  some 
gaps in the legislation and implementation of existing strategies and action plans. Awareness 
and sensitivity to human rights' standards on the part of the administration, the judiciary and 
law enforcement authorities need to be reinforced.  

Human rights are broadly respected in Albania. However, some concerns remain. Restitution, 
legalisation  and  compensation  of  property  is  governed  by  piecemeal  legislation  and  many 
agencies with overlapping competencies, reaching a level of complexity that puts at risk the 
effective  enjoyment  of  human  rights  in  this  area.  There  are  several  judgements  against 
Albania in the European Court of Human Rights for breach of the principle of due process in 
this  field.  Another  serious  concern  relates  to  detention  conditions  and  the  treatment  of 
detained persons in police stations, pre-trial detention and prisons. Media independence is put 
at risk by the prevalence of political influences and business interests. Domestic violence is a 
persistent phenomenon which affects numerous families and is not systematically addressed. 
The  anti-discrimination  legal  and  institutional  framework  has  been  substantially  improved, 
notably  with  the  creation  of  the  Office  of  the  Commissioner  for  Protection  from 
Discrimination.  However,  Roma,  persons  with  disabilities  and  lesbian,  gay,  bisexual  and 
transgendered  persons  are  still  subject  to  discrimination.  Gender  equality  is  not  fully 
guaranteed in practice, in particular in the field of employment and access to economic aid. 
There are some gaps in the legislation governing human rights, notably since an integral law 
on children's rights is yet to be adopted. Additionally, the operation of national human rights 
institutions is hampered by the delays in appointment of a new Ombudsman, which is pending 
since early 2010.  

Although  Albania  has  no  framework  law  on  minorities,  respect  for  and  protection  of 
minorities  are  broadly  guaranteed.  In  practice,  specific  rights  of  three  "national"  and  two 
"ethno-linguistic"  minorities,  as  defined  by  the  country,  are  recognised.  However,  there  are 
inconsistencies  in  the  application  of  these  rights.  The  lack  of  accurate  data  on  minorities 
impedes  the  development  of  appropriate  policies.  This  is  expected  to  be  addressed  by  the 
conduct of the next population census in 2011 in line with international standards. The level 
of  representation  of  persons  belonging  to  minorities  in  public  administration  and  politics 
needs to be enhanced. The existing policy framework for improving the lives of the Roma is 
insufficiently  implemented.  The  Roma  minority  faces  very  difficult  living  conditions  and 
limited access to employment, education and social services.  

Albania broadly satisfies the Stabilisation and Association Process conditions. The country 
is  strongly  committed  to  regional  cooperation;  it  plays  a  constructive  regional  role  and 
participates  actively  in  regional  initiatives.  Bilateral  relations  with  neighbours  are  overall 
good.  Albania  is  a  party  to  the  Rome  Statute.  However  the  country  ratified  a  bilateral 
immunity agreement with the United States regarding the International Criminal Court which 
does not comply with the relevant EU Common Positions and guiding principles. The country 
needs to align with the EU position. 

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2. 

ECONOMIC CRITERIA 

The  present  assessment  is  made  on  the  basis  of  the  Copenhagen  criteria  related  to  the 
existence  of  a  functioning  market  economy,  as  well  as  the  capacity  to  cope  with 
competitive pressure and market forces within the Union. 

There is a broad consensus in Albania on the fundamentals of economic policy as well as a 
track  record  in  the  implementation  of  economic  reforms.  Albania  achieved  a  degree  of 
macroeconomic stability sufficient enough to allow economic operators to make decisions in 
a  climate  of  predictability.  The  macro  policy  mix  in  the  past  years  has  been  appropriate, 
generating  growth  rates  exceeding  5%  and  activity,  although  slower,  remained  positive  in 
2009  despite  the  crisis.  Inflation  has  remained  low.  The  free  interplay  of  market  forces  has 
been developing through privatisation. Prices and trade have been mostly liberalised. Notable 
progress  has  been  achieved  in  facilitating  market  entry.  The  banking  system  has  rapidly 
expanded  as  a  result  of  privatisation  and  the  entry  of  foreign  players.  State  aid  has  been 
reduced. The share of trade and investment integration with the EU remained high. 

However,  fiscal  consolidation  has  been  reversed  recently  and  the  high  level  of  public  debt 
remains  a  source  of  macro-financial  vulnerability.  A  narrow  export  base  and  public 
investment have led to a significant and persistent current account imbalance. The existence 
of widespread informal work arrangements continues to severely distort the labour market and 
unemployment  remains  high  and  stood  at  13.8%  in  2009.  Access  to  finance  remains  a 
challenge  to  small  enterprises.  Weaknesses  in  the  rule  of  law  hamper  the  business 
environment  and  ownership  transfer  and  recognition  of  property  rights  remain  a  serious 
problem.  The  education  system  remains  unable  to  equip  the  labour  force  with  the  skills 
needed  by  the  changing  job  market.  Infrastructure  requires  further  investment.  Ensuring  the 
reliability  of  power  supply  as  well  as  the  financial  viability  of  the  electricity  sector  call  for 
further attention. The informal economy remains an important challenge.  

3. 

ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 

Albania's ability to assume the obligations of membership has been evaluated according to the 
following indicators: 

–  the obligations set out in the Stabilisation and Association Agreement; 

–  progress with adoption, implementation and enforcement of the EU acquis. 

Albania  has  overall  smoothly  implemented  the  obligations  under  the  Stabilisation  and 
Association  Agreement,  although  due  attention  needs  to  be  paid  to  respecting  the  deadlines 
for its commitments. Until recently there have also been some gaps in the implementation of 
certain trade provisions (notably the standstill clause related to taxation of imports). 

Albania adopted a National Strategy for Development and Integration (2007-2013) which is a 
comprehensive and ambitious plan providing for the approximation of national legislation to 
the EU acquis. It has in recent years made significant efforts in aligning its legislation with 
the  EU  acquis,  particularly  in  some  areas  of  the  internal  market,  trade-related  provisions, 
customs  and  taxation.  However  the  country  faces  major  challenges  in  implementing  and 
enforcing  legislation.  Administrative  and  judicial  capacities  remain  overall  limited  and  the 
country will need sustained efforts to strengthen them to be able to assume the obligations of 
membership in the medium-term. 

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If it continues its efforts,  Albania  should, in the medium  term, have the capacity to  comply 
with the requirements of the acquis in the following fields: 

–  Taxation 

–  Enterprise and industrial policy 

–  Science and research 

–  Education and culture 

–  Customs union 

–  External relations  

–  Foreign, security and defence policy 

–  Financial and budgetary provisions 

Albania will have to undertake additional efforts to align with the acquis and to implement it 
effectively in the medium term in the following fields: 

–  Freedom of movement for workers  

–  Right of establishment and freedom to provide services 

–  Free movement of capital  

–  Public procurement 

–  Company law 

–  Competition policy  

–  Financial services  

–  Energy  

–  Economic and monetary policy 

–  Statistics 

–  Trans-European networks 

–  Consumer and Health Protection  

Further adjustments of the legal and institutional framework and in particular strengthening of 
administrative and implementation capacities are needed in the above areas. 

Albania will have to make considerable and sustained efforts to align with the acquis and to 
implement it effectively in the medium term in the following fields: 

–  Free movement of goods 

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–  Intellectual property law  

–  Information society and media 

–  Agriculture and rural development 

–  Food safety, veterinary and phyto-sanitary policy  

–  Fisheries 

–  Transport policy 

–  Social policy and employment 

–  Regional policy and coordination of structural instruments 

–  Judiciary and fundamental rights  

–  Justice, freedom and security 

–  Financial control  

Considerable  adjustments  of 
legal  and 
strengthening of administrative and implementation capacities are needed in these areas. 

institutional  framework  and  significant 

the 

Regarding  environment,  very  significant  efforts  will  be  needed  to  align  with  the  EU  acquis 
and  to  implement  it  effectively.  These  should  include  substantial  investments  and 
strengthening of administrative capacity for the enforcement of legislation in order to achieve 
effective compliance on the most important issues, including climate change, in the medium 
term.  Full  compliance  with  the  acquis  could  be  achieved  only  in  the  long  term  and  would 
necessitate increased levels of investment.  

C. 

CONCLUSION AND RECOMMENDATION 

Albania has made progress towards fulfilling the criteria related to the stability of institutions 
guaranteeing  democracy,  the  rule  of  law,  human  rights  and  respect  for  and  protection  of 
minorities, set by the Copenhagen European Council in 1993, as well as the conditions of the 
Stabilisation and Association Process. Nonetheless, considerable further efforts are needed. 

As  regards  the  economic  criteria,  Albania  has  achieved  a  certain  degree  of  macroeconomic 
stability.  However,  to  become  a  functioning  market  economy,  as  set  out  by  the  1993 
Copenhagen European Council, Albania needs to further strengthen governance, improve the 
performance of the labour market, ensure the recognition of property rights and strengthen the 
rule of law. In order to enable it to cope over the medium term with competitive pressure and 
market  forces  within  the  Union,  Albania  needs  to  strengthen  its  physical  infrastructure  and 
human capital and pursue further structural reforms. 

Albania's track record in implementing its obligations under the Stabilisation and Association 
Agreement is positive overall. 

Albania would be in a position to take on the obligations of membership in the medium term 
in  most  of  the  acquis  fields,  provided  that  the  alignment  process  continues  and  that 

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considerable  and  sustained  further  efforts  are  made  to  ensure  the  implementation  and 
enforcement of legislation. Particular attention should be paid to the areas of free movement 
of  goods,  intellectual  property  law,  information  society  and  media,  agriculture  and  rural 
development,  food  safety,  veterinary  and  phyto-sanitary  policy,  fisheries,  transport  policy, 
social  policy  and  employment,  regional  policy  and  coordination  of  structural  instruments, 
judiciary  and  fundamental  rights,  justice,  freedom  and  security  and  financial  control.  Full 
compliance with the acquis in the field of the environment could be achieved only in the long 
term  and  would  require  substantial  levels  of  investment;  efforts  in  this  area  should  be 
accelerated. 

Albania's  accession  would  have  a  limited  overall  impact  on  European  Union  policies  and 
would not affect the Union's capacity to maintain and deepen its own development. 

The Commission considers that negotiations for accession to the European Union should be 
opened with Albania once the country has achieved the necessary degree of compliance with 
the  membership  criteria  and  in  particular  the  Copenhagen  political  criteria  requiring  the 
stability  of  institutions  guaranteeing  notably  democracy  and  rule  of  law.  In  this  regard, 
Albania needs in particular to meet the following key priorities: 

–  Ensure  the  proper  functioning  of  Parliament  on  the  basis  of  a  constructive  and  sustained 

political dialogue among all political parties.  

–  Adopt pending laws requiring a reinforced majority in Parliament.  

–  Appoint the Ombudsman, and ensure an orderly hearing and voting process in Parliament 

for constitutional and high court appointments. 

–  Modify 

the 

legislative 

framework 

for  elections 

in 

line  with  OSCE-ODIHR 

recommendations. 

–  Ensure elections are conducted in line with European and international standards. 

–  Complete essential steps in public administration reform including amendments to the civil 
service law and strengthening of the Department of Public Administration, with a view to 
to 
enhancing  professionalism  and  de-politicisation  of  public  administration  and 
strengthening a transparent, merit-based approach to appointments and promotions.  

–  Strengthen rule  of  law through adoption  and implementation of a reform strategy for the 
judiciary, ensuring the independence, efficiency and accountability of judicial institutions.  

–  Effectively  implement  the  government's  anti-corruption  strategy  and  action  plan,  remove 
obstacles to investigations, in particular of judges, ministers and Member of Parliaments; 
develop  a  solid  track  record  of  proactive  investigations,  prosecutions  and  convictions  in 
corruption cases at all levels. 

–  Strengthen  the  fight  against  organised  crime,  based  on  threat  assessment  and  proactive 
investigation, increased cooperation with regional and EU partners and better coordination 
of law enforcement agencies. Develop a solid track record in this area.  

–  Prepare,  adopt  and  implement  a  national  strategy  and  action  plan  on  property  rights 
following  broad  stakeholder  consultation  and  taking  ECtHR  case  law  into  account;  this 
should cover restitution, compensation and legalisation processes. 

EN 

11 

   EN 

 
–  Take  concrete  steps  to  reinforce  the  protection  of  human  rights,  notably  for  women, 

children and Roma, and to effectively implement anti-discrimination policies.  

–  Take  additional  measures  to  improve  treatment  of  detainees  in  police  stations,  pre-trial 
detention  and  prisons.  Strengthen  the  judicial  follow-up  of  cases  of  ill-treatment  and 
improve the application of recommendations of the Ombudsman in this field.  

Albania is encouraged to continue its constructive engagement in regional cooperation and in 
strengthening bilateral relations with neighbouring countries. The SAA needs to continue to 
be  implemented  smoothly;  in  this  context,  due  attention  to  the  respect  of  deadlines  for  its 
commitments  is  required.  In  addition,  the  country  is  strongly  encouraged  to  continue 
strengthening  its  administrative  capacity  across  the  board.  Cooperation  with  civil  society 
needs to be upgraded. Albania needs to allocate appropriate resources to guarantee effective 
functioning of its human rights institutions and upgrade its efforts in the field of protection of 
minorities. Strengthening media freedom and its independence, and addressing the prevalence 
of political influences is required. 

The  Commission  will  monitor  progress  of  necessary  reforms  within  the  institutional 
framework  of  the  Stabilisation  and  Association  Agreement  and  continue  to  support  efforts 
through  the  IPA  financial  instrument.  The  Commission  will  present  a  report  on  Albania's 
progress  in  the  2011  enlargement  package.  This  report  will  focus  in  particular  on  the 
implementation  of  the  key  priorities  that  need  to  be  addressed  for  the  opening  of  accession 
negotiations. 

EN 

12 

   EN