COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report Country Chapter on the rule of law situation in Albania Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Albania, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 828 final  COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report   Country Chapter on the rule of law situation in Albania Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report        The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

Albania  has  been  implementing  a  substantial  judicial  reform  since  2016:  the  entire  justice 
system has been restructured and the vetting of all judges and prosecutors has  strengthened 
accountability.  Shortcomings  exist  on  the  appointments  of  non-magistrate  members  of  the 
High  Judicial  Council  and  the  High  Prosecutorial  Council.  The  High  Justice  Inspector  is 
operational,  but  the  significant  number  of  magistrate-inspector  vacancies  constitutes  a 
challenge.  Despite  the  strong  independence  safeguards  in  the  process  of  appointments, 
promotions and transfers of magistrates, it is impacted by limited transparency and challenges 
in  ensuring  timely  and  qualitative  evaluations.  Concerns  about  attempted  interference  and 
pressure on the judicial system  by public officials  or politicians remain. The roll-out  of the 
modern  integrated  electronic  case  management  system  has  been  long  pending.  Shortage  of 
financial  and  human  resources  negatively  affects  the  quality  of  justice.  Challenges  remain 
regarding  the  length  of  proceedings  and  large  backlog,  while  further  measures  to  increase 
efficiency have yet to be implemented.  

A  new  Anti-Corruption  Strategy  for  2024-2030  is  being  prepared.  The  legal  framework  to 
fight corruption is broadly in place. There are encouraging initial results of the Special Anti-
Corruption  Structure  (SPAK)  and  SPAK  courts,  however  the  authorities  specialised  in  the 
repression  and  prevention  of  corruption  flag  shortages  as  regards  specialised  resources  and 
tools available. The number of persons investigated, prosecuted, and convicted for corruption 
offences has been increasing over the past three years, whereas a recent  amnesty law raises 
concerns.  The  systematic  use  of  financial  investigations  and  asset  confiscations  has 
improved, though limitations in scope limit their impact. Coordination between institutions in 
charge  of  corruption  prevention  and  relevant  law  enforcement  structures  remains  weak. 
While  declarations  of  assets  are  verified  by  the  High  Inspectorate  for  the  Declaration  and 
Audit  of  Assets  and  Conflicts  of  Interest,  some  shortcomings  exist  in  terms  of  its  mandate 
and  human  resources.  Overall,  corruption  is  prevalent  in  many  areas,  including  during 
electoral  campaigns.  Preventive  measures  suffer  from  an  overly  complex  legal  framework 
and continue to have a limited impact, particularly in vulnerable sectors.  

Concerns  have  been  raised  in  relation  to  the  independence  of  the  audio-visual  regulatory 
authority.  Limited  regulation  on  transparency  of  media  ownership  and  high  concentration 
negatively affect media independence. The fair allocation of state advertising and other state 
resources  is  not  ensured.  Concerns  exist  with  regard  to  the  independence  of  the  public 
broadcaster. While the amendments to the Law on the right to information introduce positive 
changes,  there  are  shortcomings  in  terms  of  implementation.  The  framework  for  the 
protection  of  journalists  is  in  place,  but  verbal  and  physical  attacks,  smear  campaigns  and 
strategic lawsuits against public participation are a cause for concern.  

Challenges regarding the quality of the legislative process include the limited effectiveness of 
public consultations. Amendments to the Law on Inquiry Committees have been criticised for 
limiting Parliament’s oversight role and are under review by the Constitutional Court. Deep 
political polarisation had a negative impact on the effectiveness, transparency and objectivity 
of parliamentary work. The Constitutional Court is effective in upholding institutional checks 
and  balances,  though  Parliament  has  failed  to  comply  with  some  of  its  rulings.  The  legal 
framework for the Ombudsperson and the Commissioner against Discrimination is in place, 
but  there  are  obstacles  to  their  effective  working.  The  environment  for  civil  society 
organisations  is  challenging,  including  in  relation  to  registration  requirements  and  limited 
public funding. 

1 

 
 
I. 

JUSTICE SYSTEM  

Albania  has  a  three-tier  justice  system,  including  courts  of  general  and  specialised 
jurisdiction and a Constitutional Court1. Following the reorganisation of the judicial system 
in  20232,  there  are  thirteen  First  Instance  District  Courts  of  general  jurisdiction,  and  one 
Court of Appeal. The courts of specialised jurisdiction include two Administrative Courts and 
two Specialised Courts for Anti-Corruption and Organised Crime3. The High Court serves as 
a second and final instance court and ensures consistent interpretation and application of the 
law. Judges and prosecutors are appointed by the High Judicial Council (HJC) and the High 
Prosecutorial  Council  (HPC),  tasked  by  the  Constitution  to  ensure  the  independence  and 
accountability  of  the  judiciary  and  prosecution4.  The  Prosecution  Office  is  an  independent 
body,  which  is  organised  in  prosecution  offices  attached  to  the  judiciary  and  led  by  the 
General  Prosecutor5.  Working  arrangements  with  the  European  Public  Prosecutor’s  Office 
(EPPO)  are  in  place6.  The  Albanian  Bar  Association  is  an  autonomous,  self-governing 
professional organisation.  

Independence  

The  level  of  perceived  judicial  independence  in  Albania  is  average  among  both  the 
general  public  and  companies.  Overall,  46%  of  the  general  population  and  45%  of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 
in 20247.  

Albania has been implementing a substantial judicial reform since 2016, which resulted 
in the restructuring of the entire justice system. The ongoing judicial reform is based on 
two  pillars.  First,  the  institutional  restructuring  of  the  entire  judiciary  and  prosecution, 
including the reform of the Constitutional Court and the establishment of new self-governing 
bodies  of  the  judiciary.  Second,  the  transitional  re-evaluation  of  all  sitting  judges, 
prosecutors,  and  senior  legal  assistants  (“vetting”)8..  The  continued  implementation  of  the 
judicial  reform  has  fostered  integrity  and  professionalism  in  the  judiciary,  and  reduced 

1   See Pillar IV, p. 19 below.  
2   Council  of  Ministers  (2022)  No.  495,  dated  21.7.2022  “On  the  reorganisation  of  judicial  districts  and 
territorial powers of the courts” in reliance to Article 100 of the Constitution and Article 13(5) of Law  No. 
98/2016, “On the organisation of judicial power in the Republic of Albania”, as amended. 

3   Both respectively include one court at first instance and one court at appeal level. 
4   The  HCJ  and  HPC  select  and  appoint  magistrates,  Court  Presidents  and  Chief  prosecutors,  and  decide  on 
their  disciplinary  responsibility  or  dismissal,  based  on  the  recommendations  of  the  High  Justice  Inspector 
(HJI). The  HJI  examines  complaints,  inspects  disciplinary violations  and  initiates  disciplinary  proceedings 
against judges and prosecutors at all levels, including members of the Councils and the  General Prosecutor. 
The Constitutional Court reviews disciplinary proceedings initiated against HJC and HPC members. 

5   Constitution of the Republic of Albania, Article 148. 
6   A cooperation agreement between the EPPO and the General Prosecution Office was signed in July 2022 to 
facilitate  cooperation  in  criminal  matters  and  the  exchange  of  information.  A  similar  agreement  between 
EPPO and Special Anti-Corruption Structure (SPAK) was signed in June 2023.  

7   Eurobarometer  survey  FL540,  conducted  among  the  general  public  between  14  February  and  27  February 
2024,  and  Eurobarometer  survey  FL541,  conducted  among  companies  between  14  February  and  5  March 
2024.  The  level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of 
respondents perceive judicial independence as fairly good and very good); low (between 30-39%), average 
(between 40-59%), high (between 60-75%), very high (above 75%).  

8   Law No. 84/2016 on the transitional re-evaluation of judges and prosecutors in the Republic of Albania (the 

“Vetting Law”). See following paragraph below.  

2 

 
 
political  influence  throughout  the  appointment  process,  thus  contributing  to  a  more  merit-
based  career  system9.  The  reform  notably  introduced  a  revised  mechanism  for  the 
appointment of Constitutional Court judges, including through a ranking  by an independent 
Justice  Appointments  Council  (JAC).  A  de-blocking  mechanism  was  also  introduced, 
enabling  the  first-ranked  candidate  by  the  JAC  to  be  appointed10,  if  the  Parliament  fails  to 
agree on a candidate.  

The  vetting  process  of  all  judges  and  prosecutors  has  strengthened  accountability. 
Under  the  second  pillar  of  the  judicial  reform,  the  vetting  institutions,  including  the 
Independent Qualification Commission, two Public Commissioners and the Appeal Chamber, 
have  since  2017  been  conducting  the  re-evaluation  of  sitting  judges  and  prosecutors.  This 
process  includes  the  examination  of  their  assets,  their  professional  standing,  as  well  as 
possible connections to  organised crime11. A very large majority of magistrates, 773 out  of 
805,  have  been  assessed  in  first  instance,  resulting  in  274  dismissals,  mostly  for  issues 
relating  to  unjustified  assets;  331  confirmations  in  office;  164  decisions  to  terminate  the 
vetting proceedings due to resignation or retirement; and four suspension decisions, with the 
obligation to undergo training12. In May 2024, the Appeal Chamber imposed a 15 -year ban 
from positions of high judicial office to the Chair of the High Prosecutorial Council (HPC), 
following  which  the  HPC  terminated  the  mandate  of  the  Chair  with  9  votes,  and  elected  a 
new Chair in  June 202413. The  International  Monitoring Operation (IMO),  deployed by the 
European  Commission  in  cooperation  with  the  United  States,  oversees  the  vetting  process. 
IMO issued 38 recommendations for appeal, and 12 dissenting or concurring opinions after 
the final decisions. Thus far, the vetting institution of Public Commissioners has followed all 
IMO  recommendations  for  appeal.  Shortcomings  remain  with  regards  to  the  backlog  of 
vetting cases at the appeal level, in view of the constitutional deadline of June 2026, which 
will end the mandate of the Appeal Chamber14. The vetting institutions do not systematically 
refer  cases  to  prosecution  services  where  the  vetting  process  reveals  criminal  elements.  So 
far, 34 cases have been referred to prosecution in cases of termination of the vetting process 
due to resignation, which represents about 10% of the number of resignations and dismissals, 
resulting  in  a  few  convictions,  including  the  conviction  of  the  former  Head  of  the 
Constitutional  Court  to  6  months  in  prison,  commuted  to  one  year  of  probation,  for  false 

9   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 38. 
10   Constitution of the Republic of Albania, Article 125.  
11   The  Independent  Qualification  Commission  (IQC),  composed  of  twelve  members,  and  the  two  Public 
Commissioners, were appointed 22 June 2017 for a 5-year period, whereas the Appeal Chamber composed 
of seven judges, serving as appeal instance for the decisions taken by the IQC has been established for a 9-
year period. The mandate of the IQC, and the Public Commissioners has been later extended until the end of 
2024. See also: 2023 Screening report, Albania, Cluster 1 – Fundamentals, p. 39, and Law No. 84/2016 on 
the Transitional Re-Evaluation of Judges and Prosecutors in the Republic of Albania, Article 4.  

12   Data provided by the International Monitoring Operation.  
13   High Prosecutorial Council (2024), Decision No. 69 concerning the dismissal of the Chair of 21 May 2024; 
High  Prosecutorial  Council  (2024),  Decision  No.  70  concerning  the  appointment  of  the  Chair  of  7  June 
2024. 

14   Constitution  of  the  Republic  of  Albania,  Article  179/b.  Based  on  the  projected  average  of  the  Appeal 

Chamber, about 40 appeal cases risk to remain unsolved at the end of its constitutional mandate. 

3 

 
 
declaration  and  concealment  during  the  vetting  process15.  Vetted  out  magistrates  may 
continue to practice as lawyers with some limited restrictions16. 

Shortcomings  exist  on  the  appointments  of  non-magistrate  members  of  the  High 
Judicial Council and the High Prosecutorial Council as regards the background checks 
and asset verification, as well as the transparency and meritocracy of the process. The 
High Judicial Council (HJC) and the High Prosecutorial Council (HPC) are both composed of 
11 members, six of which are magistrates elected by their peers and five are jurists elected by 
the Parliament on the basis of a list established by a parliamentary subcommittee17. The law 
aims to guarantee that the magistrate members of the HJC and HPC are selected from judges 
and  prosecutors  of  high  moral  and  professional  integrity  in  accordance  with  an  open  and 
transparent  procedure  that  ensures  a  fair  representation  of  all  levels  of  the  judiciary  and 
prosecution  system18.  Non-magistrate  members  of  the  justice  institutions,  including  those 
appointed to the HJC and HPC, are not subject to similar standards of background check and 
asset  declaration  applicable  to  magistrates19.  The  legal  provisions  regulating  the  election  of 
the non-magistrate members of the Councils by Parliament and their application in practice, 
do  not  manage  to  safeguard  the  selection  of  candidates  demonstrating  the  highest  level  of 
independence  or  competence,  which  is  problematic20.  The  partial  renewal  of  the  non-
magistrate  members  of  the  Councils  by  the  Parliament  has  been  delayed  and  is  still 

15   2023 Communication on EU Enlargement policy, Albania Report, p. 19. 
16   Law  No.  55/108  on  the  Profession  of  Advocate,  Article  13(e).  Magistrates  who  have  been  previously 
registered  as  Bar  members  can  practice  the  profession  of  lawyer  without  restriction  after  the  dismissal  by 
vetting, irrespective of the ground of dismissal; magistrates who have not been previously bar members, may 
practice five years after the vetting decision of dismissal on grounds of unjustified assets.  

17   Constitution  of  the  Republic  of Albania, Articles  147  and  149.  Non-magistrate  members  of  the  HJC  and 
HPC (two members from advocates, two from the corps of pedagogues of law  faculties and the School of 
Magistrates,  and  one  from  civil  society)  are  selected  as  follows.  The  Secretary  General  of  the Assembly 
verifies  candidate  eligibility  and  sends  the  list  of  eligible  candidates  to  a  subcommittee  established  for 
further assessment and selection of candidates. The subcommittee, composed of  three members nominated 
by the parliamentary majority and two by minority, selects candidates with at least four votes. In case of a 
tie, candidates are selected by lot. The consolidated list is sent to the Assembly for approval by a two-thirds 
majority. If the list is rejected, the procedure is repeated in the subcommittee, but not more than two times. If 
the list is rejected after three attempts, the candidates on the list are deemed selected.  

18   Constitution of the Republic of Albania, Articles 147 and 149. Law No. 115/2016 on Governance Institutions 

of the Justice System, Articles 7, 10, 11, and 276. 

19   2023 Screening report Albania, Cluster 1  – Fundamentals, p. 39. The report includes a recommendation to 
align  the  provisions  regulating  pre-election  of  the  non-magistrate  members  of  the  HJC  and  HPC  with  the 
standards of background check and asset declaration applicable to magistrates. 

20   Law No. 115/2016 on Governance Institutions of the Justice System, Articles 35 (13)-(14) and Article 58 (2). 
Frequent use of disqualifications by the from the list submitted to the subcommittee and frequent recurrence 
to lot due to the lack of the required voting majority, without due regard to the highest qualifications of the 
candidates,  coupled  with  the  divergent  standards  in  background  and  asset  check  mentioned  above,  is  a 
shortcoming. 

4 

 
 
ongoing21.  Challenges  regarding  competitiveness  and  transparency  have  been  reported  also 
with regard to the implementation of the current selection procedures by the Parliament22.  

The  High  Justice  Inspector  is  operational,  but  the  significant  number  of  magistrate-
inspector vacancies constitutes a challenge. The High Justice Inspector (HJI) is responsible 
for  the  examination  of  complaints  and  the  initiation  of  disciplinary  proceedings  against 
judges and prosecutors23. The office of the HJI is comprised of 20 inspectors. However, only 
9 out of 20 are currently in office. The law provides that at least half of the inspectors need to 
be magistrates, ensuring an appropriate balance, in line with European standards24. However, 
there  are  challenges  when  it  comes  to  the  attractiveness  of  the  position  for  magistrates, 
notably judges, reportedly because, upon the termination of the mandate of inspector, his or 
her  career  progression  perspective  is  limited25.  The  inherited  backlog  was  cleared  in  2023, 
processing of all 2104 cases, of which only 1072 for the year 202326. In terms of operations, 
the  HJI  has  requested  that  the  Councils  impose  disciplinary  measures  against  six 
magistrates27.  

21   Both ad hoc committees established at the Office of the Ombudsperson have approved the final ranked lists 
with the majority of its members and submitted them to the Parliament.   The Parliament has established its 
ad  hoc  committee  which  should  make  a  final  selection  of  the  candidates,  following  the  scrutiny  of  the 
Secretary General. The Secretary General has disqualified seven candidates from the advocates list and has 
included in the procedure the voluntary asset declaration of the candidates, including a detailed list of criteria 
for  the  ranking.  Apart  from  the  disqualifications,  the  ranking  proposed  by  the  ad  hoc  committee  of  the 
Ombudsperson has been preserved.  

22   2023 Communication on EU Enlargement policy, Albania Report, p. 20. Information received in the context 
of the country visit to Albania from the High Judicial Council and the High Prosecutorial Council as well as 
the civil society organisations in the area of the justice system. 

23   Constitution  of  the  Republic  of  Albania,  Article  147/d.  The  HJI  is  responsible  for  the  verification  of 
complaints,  investigation  of  violations  on  its  own  initiative  and  the  initiation  of  disciplinary  proceedings 
against judges and prosecutors of all levels, members of the HJC, HPC and the Prosecutor General. The HJI 
is also responsible for the institutional inspection of courts and prosecution offices. The HJI is elected by a 
majority of three fifths of all members of the Assembly, for a term of 9-years, without the right to re-election. 
24   Law  No.  115/2016  on  Governance  Institutions  of  the  Justice  System,  Articles  209  and  211;  Venice 
Commission (2016), Rule of Law Checklist, p. 36. Magistrate inspectors are seconded to this position by the 
High  Judicial  Council  or  the  High  Prosecutorial  Council  for  a  period  of  5  years  with  the  right  of 
reappointment only once. Only those inspectors who were evaluated at least "very good" while serving as 
inspectors shall enjoy the right to a renewal of the  secondment.  In addition to magistrate  inspectors, other 
inspectors  are  appointed  by  the  HJI  by  analogy  with,  to  the  extent  possible,  the  rules  of  the  Law  No. 
152/2013 on Civil Service. 

25   Law No. 115/2016 on Governance Institutions of the Justice System, Articles 203 (3): “If the High Inspector 
at  the  time  of  election  was  a  judge  or  prosecutor,  he  shall  return  to  the  position  of  the  appeal  judge  or 
prosecutor.”  Information  received  in  the  context  of  the  country  visit  to  Albania  from  the  High  Justice 
Inspector.  Article  55(6)  of  law  no.  96/2016  on  the  status  of  judges  and  prosecutors,  as  amended:  “An 
inspector shall have the right to be assigned to a position at appeal level at the end of the secondment term, 
in  case  of  having  been  awarded  an  evaluation  grade  of  ‘very  good’  in  all  ethical  and  professional 
performance evaluations as inspector.” 

26   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 41. The HJI was established as an independent 
institution in 2020. It is the only institution responsible for reviewing and assessing complaints, investigating 
disciplinary violations, and initiating disciplinary proceedings against magistrates at all levels, members of 
the  HJC  and  HPC,  and  the  General  Prosecutor.  The  HJI  ‘inherited’  a  large  number  of  cases  before  its 
establishment, which has been cleared, see, Office of the High Justice Inspector (2024), 2023 Annual Report. 
The HIJ is elected by a 3/5 majority of the members of the Assembly for a 9-year non-renewable term. 

27   In one case where the HJI requested dismissal, the High Judicial Council decided on a more lenient measure 

of suspension. 

5 

 
 
Despite  the  strong  independence  safeguards  in  the  process  of  appointment,  promotion 
and  transfers  of  magistrates,  it  is  impacted  by  limited  transparency  and  challenges  in 
ensuring  timely  and  qualitative  evaluations.  Based  on  the  provisions  of  the  governance 
law,  the  information  on  the  appointment,  transfer  and  removal  of  judges  must  be  public28. 
However, the same provision, in practice requires anonymisation of the provisions, which is 
applied  by  the  HJC29.  This  renders  transparency  provisions  ineffective30.  Consistency  with 
vetting  decisions  in  magistrate  appointments  and  promotions,  as  well  as  the  system  of 
integrity  checks  prior  to  entering  the  magistrate  career,  remain  to  be  consolidated31.  The 
HPC, and to a lesser extent the HJC, are facing challenges in ensuring timely and qualitative 
evaluations  of  magistrates’  performance32.  Based  on  the  legal  provisions,  promotions  may 
proceed only after a magistrate has been positively evaluated33. The HPC has not yet started 
the  evaluation  of  prosecutors  based  on  the  2016  legal  framework,  but  it  keeps  promoting 
prosecutors  based  on  evaluations  performed  by  the  General  Prosecutors  Office  before  the 
2016 justice reform34.  

There  are  challenges  as  regards  the  random  allocation  of  cases  and  publicity  of 
proceedings.  Rules  on  random  allocation  of  cases  are  in  place,  however  due  to  delays  in 
filling judicial vacancies in several courts, random allocation of cases cannot be applied yet35. 
The  random  allocation  of  cases  for  prosecutors  is  regulated  by  law36  but  is  not  applied  in 
practice37.  Hearings  in  the  counselling  rooms  without  the  necessary  publicity  requirements 
have been reported at district courts’ level38. 

Concerns  about  attempted  interference  and  pressure  on  the  judicial  system  by  public 
officials or politicians remain. While in the reporting period, no sanctions have been taken 
against public officials or politicians waging accusations against magistrates, self-governing 
institutions have publicly reacted to such accusations, including by classifying them as undue 
influence and pressure39. In the reporting period  four magistrates and their family  members 
were placed under protection due to threats to personal and family safety40.  

28   Law No. 115/2016 on the Governance Institutions of the Justice System, Article98(2). 
29   Ibidem.  
30   According  to  the  High  Judicial  Council,  legislative  proposals  have  been  submitted  to  the  Assembly 

regarding anonymisation of data. Written contribution from Albania. 

31   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 41.  
32   HJC has finalised evaluation reports for 57 out of 87 planned evaluations in 2023 for judges, based on a new 
set of adopted by-laws implementing the new legal framework of the 2016 reform. No evaluations have been 
carried out by the HPC since 2017 following the entry into force of the revised legislation. 

33   Law No. 96/2016 on the Status of Judges and Prosecutors, Article 48.  
34   Information received in the context of the country visit to Albania from the High Prosecutorial Council. No 

evaluations are currently planned.  

35   Ibidem.  
36   Law  no.  97/2016  on  the  organization  and  functioning  of  the  Prosecution  Office, Article  53..The  law  also 
prescribes that the High Inspector of Justice conducts periodic inspections in the prosecution offices on the 
allocation of cases by lot. 

37   2023  Screening  report  Albania,  Cluster  1  –  Fundamentals,  pp.  40-41,  44;  2023  Communication  on  EU 

Enlargement policy, Albania Report, p. 21. 

38   Information  received  in  the  context  of  the  country  visit  to  Albania  from  Courts  and  the  Albanian  Bar 

Association.  

39   2023 Communication on EU Enlargement policy, Albania Report, p. 22.  
40   High Judicial Council (2024), Statement of 4 March 2024. High Prosecutorial Council (2024), Statement of 

28 April 2024. Written contribution received from Albania.  

6 

 
 
 
Quality  

The  legal  framework  for  legal  aid  is  comprehensive  and  primary  and  secondary  legal 
aid  are  delivered  at  central  and  local  level.  Following  a  reform  in  2018  of  the  legal  aid 
system, broadening the categories of persons that may benefit from legal aid41, the number of 
cases  involving  legal  aid  significantly  increased,  from  270  in  2019  to  8 646  in  202242.  In 
2023, the number of primary legal aid service centres increased43.  

Implementation of the new judicial map is ongoing, however, it exposed shortcomings of 
the judicial system as regards access to justice and the courts’ infrastructure.  The new 
judicial map, adopted in July 2022 and based on European Commission for the Efficiency of 
Justice (CEPEJ) methodology, aims to help optimise human and financial resources, increase 
specialisation,  and  efficiency,  taking  into  account  the  impact  of  the  vetting  process44.  Its 
implementation,  which  started  in  January  2023,  has  been  assessed  as  overall  positive  by 
magistrates and self-governing institutions in terms of efficiency45. However, the respect of 
the  right  to  access  justice  and  the  adequacy  of  the  courts’  infrastructure46  remains  poor 
overall, most seriously at the Court of Appeal. A robust implementation plan for the judicial 
map is missing47.  

The roll-out of the modern integrated electronic case management system in courts and 
prosecution offices has been long pending. Some progress was made with the establishment 
of  the  interoperability  working  group  in  June  2023  and  the  adoption  of  the  interoperability 
framework  setting  the  basis  for  the  roll-out  of  the  integrated  case  management  system48. 
However, e-justice tools and coordination among the actors responsible are lacking, and the 
use of electronic communication between courts and parties remains limited49.  

The  training  curricula  has  been  partially  revised  to  increase  the  relevance  of  the 
training  offered  by  the  School  of  Magistrates,  but  shortcomings  exist  regarding  the 
overall  quality  of  judicial  training.  Some  positive  actions  have  been  taken  towards 
increasing  the  relevance  of  the  continuous  training  programme50.  These  include  ethical 
training  and  judge  craft,  quality  of  staff,  as  well  as  the  quality  of  the  entry  examination51. 

41   2019 Communication on EU Enlargement policy, Albania Report, p. 30. 
42   Law No. 111/2017 on Legal Aid guaranteed by the State. 
43   Input from Albania for the 2024 Rule of Law Report, p. 25. 
44   2023  Screening report Albania,  Cluster  1  –  Fundamentals,  p.  44. The  three-step  implementation  started  in 
January  2023.  The  High  Judicial  Council  (HJC)  has  adopted  the  main  bylaws  for  the  first  phase  rollout, 
while the High Prosecutorial Council (HPC) in cooperation with the General Prosecutor has still to complete 
the  regulatory  framework  for  the  prosecution  system. The specific  communication plan has  been  adopted, 
but it still needs to be implemented. 

45   Information received in the context the country visit to Albania from Courts, the High Judicial Council and 

the High Procedural Council. 

46   2023 Communication on EU Enlargement policy, Albania Report, p. 23. 
47   Ibidem. 
48   2023 Communication on EU Enlargement policy, Albania Report, p. 21.  
49   Information confirmed in the context of the country visit to Albania. 
50   Input  from Albania  for  the  2024  Rule  of  Law  Report,  p.  24. Albania  has  reported  to  have  improved  the 
methodology for the analysis of training needs, increased communication with courts and prosecution offices 
at  all  levels  and  has  started  to  implement  the  new  methodology  with  buy-in  from  courts  and  prosecution 
offices, and other institutions that undergo training such as the High Justice Inspector.  

51   2023 Communication on EU Enlargement policy, Albania Report, pp. 18, 22.  

7 

 
 
Legal  changes  remain  necessary  to  strengthen  the  capacity  of  the  School  of  Magistrates52. 
The  fact  that  magistrates  who  have  been  dismissed  through  vetting  are  not  prohibited  from 
taking  up  positions  of  training  staff  at  the  School  of  Magistrates53  constitutes  another 
shortcoming. The latest exam was concluded in April 2024 with 382 applicants, marking the 
highest  number  of  applicants  since  the  adoption  of  the  2016  justice  reform.  However, 
shortcomings  were  reported  regarding  the  organisation  of  the  first  phase  of  the  exam, 
evidenced by the large number of complaints filed5455.   

Shortage of financial and human resources, including magistrates, negatively affects the 
quality  of  justice.  While  the  Government  has  increased  investments  in  the  justice  system 
over  the  past  years,  Albania’s  expenditure  on  justice  remains  significantly  low56.  Efforts  to 
improve the situation have been made but the shortage of magistrates, notably at appeal level, 
persists57.  In  2023,  41  new  magistrates  were  appointed,  which  constitutes  a  significant 
increase58 but the number of vacancies remains high59. The Court of Appeal functions with 
only  25  judges’  positions  filled  out  of  78.  Shortages  of  judges  are  also  present  at  the 
Administrative  Court  of  Appeal  and  the  Tirana  District  Court  of  General  Jurisdiction60. 
Further  increases  in  the  number  and  quality  of  students  and  magistrates  admitted  to  the 
School of Magistrates remain necessary to fill the vacancies in the short and medium terms61. 
All courts of general and specialised jurisdiction, at all levels, currently function with acting 
chairs, as positions of permanent chairs have not been filled. Legal advisors’ positions remain 
limited,  and  the  applicable  legal  framework  limits  the  attractiveness  of  the  profession, 
including due to limited career perspectives62. Furthermore, the HJC, HPC and other justice 
institutions  rarely  meet  and  do  not  discuss  on  a  regular  basis  matters  of  common  interest 
related  to  the  quality  of  justice,  nor  is  there  a  systematic  follow  up  by  way  of  operational 
conclusions  or  broader  consultation  of  other  relevant  stakeholders  which  needs  to  be 
ensured63. 

Mediation  systems  are  in  place  but  are  underused  in  practice.  Mediation  services  are 
scarcely  used  or  referred  by  courts  as  there  are  issues  with  respect  to  the  capacities  of  the 

52   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 43. 2023 Communication on EU Enlargement 

policy, Albania Report, pp. 22-23.  

53   Information received in the context of the country visit to Albania from the School of Magistrates. 
54   Reporter.al  (2024),  Provimi  i  kontestuar  i  Magjistraturës  shkakton  debat  në  Kuvend  (The  disputed 

examination of the Magistrate causes a debate in the Assembly).  

55   According to the School of Magistrates, all complaints were reviewed by the School and all available quotas 

were filled. Written contribution from Albania. 

56   CEPEJ  (2023),  Dashboard  Western  Balkans  –  2022  Data  Collection.  Based  on  CEPEJ  data,  the  2022 
budgetary allocation for the judicial system was about EUR 46.6 million. This amounts to over EUR 16.7 
per inhabitant.   

57   Input from Albania for the 2024 Rule of Law Report, p. 15. 
58   Ibidem.  
59   There are 325 judges in the existing structure out of which only 247 are effectively in duty. The number of 

permanent vacancies is 83 and the number of temporary vacancies is 78. 

60   Input  from  Albania  for  the  2024  Rule  of  Law  Report,  pp.  13-14;  High  Judicial  Council  (2024),  Annual 

Report 2023.  

61   2023 Communication on EU Enlargement policy, Albania Report, p. 22.  
62   Law  No.  98/2016  on  Organisation  of  the  Judicial  Power;  Information  received  from  Courts  and  the  High 

Judicial Council. The law does not provide, for example, opportunities for promotion of legal advisors. 
63   Three regular general meeting between the HPC and the HJC took place  during the last five years. One of 
the  two  meetings  was  followed  up  with  operational  conclusions  and  included  a  broader  consultation  with 
other relevant justice institutions, including the HJI, GPO or High Court. 

8 

 
 
mediation  Chamber,  awareness  and  the  quality  of  mediation  services  provided64.  There  are 
currently 119 active mediators out of 135 positions envisaged by the Albanian authorities65.  

There  are  problems  of  consistency  and  reasoning  in  the  case  law,  as  well  as 
shortcomings with regards to public access to final court rulings. The High Court made 
progress in unifying the case law, however problems of consistency and reasoning of the case 
law remain 66. With the exception of the SPAK first instance court, court rulings are generally 
publicly available67.  

Efficiency 

Challenges remain regarding the length of proceedings and  the large backlog. In 2022, 
disposition  time  increased  for  all  categories  of  cases,  and  especially  in  second  instance  for 
civil  and  commercial  litigious  cases.  The  reasons  indicated  include  judicial  vacancies  and 
unequal  distribution  of  cases  among  courts68.  There  has  been  a  an  increase  from  9,1%    to 
33,1% for different types of cases awaiting adjudication countrywide69. The courts with the 
largest  backlog  are  the  Court  of  Appeal,  the  Administrative  Court  of  Appeal  and  Tirana 
District Court of general jurisdiction. The High Court continued to reduce its backlog by 12% 
compared  with  the  previous  year,  however  it  remains  the  court  with  the  highest  overall 
backlog  of  over  31 827  cases  accumulated  over  the  years.  Serious  delays  are  experienced 
with the legal deadlines on publishing the reasoned decisions by court70.  

Further  measures  to  increase  efficiency  and  stabilise  the  backlog  have  yet  to  be 
implemented.  In  May  2024  the  High  Judicial  Council  presented  the  strategy  on  backlog 
reduction,  which  entails  important  amendments  to  the  Criminal  Procedure  Code,  the  Civil 
Procedure Code, Administrative Law, and the law on the organisation of the judiciary71. The 
strategy is the result of the working group on efficiency set up at the High Judicial Council in 
July  2023.  However,  consistency  of  these  legal  initiatives  with  the  general  principles  of 
justice reform and European standards is yet to be fully ensured72.  

64   2023 Communication on EU Enlargement policy, Albania Report, p. 24.  
65   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 45. 
66   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 43. 
67  Written contribution received from Albania. 
68   CEPEJ  (2023),  Dashboard  Western  Balkans  –  2022  Data  Collection.  The  disposition  time  for  civil  and 
commercial litigious cases was approximately 377 days in 2022. This increased by 35% over the 2021-2022 
period.  The  disposition  time  for  administrative  cases  was  approximately  179  days  in  2022.  This  has 
increased by 18% compared to 2021. 

69   CEPEJ (2023), Dashboard Western Balkans  – 2022 Data Collection. The variation of pending cases at the 
end  of  the  year  between  2021  and  2022  was  14.9%  and  9%  for  first  and  second  instance  civil  and 
commercial  cases  respectively,  17.2%  and  14.9%  for  first  and  second  instance  administrative  cases 
respectively, and 33.1% and 14.0% for first and second criminal law cases respectively. 

70   Information received in the context of the country visit to Albania. 
71   According  to  the  High  Judicial  Council,  the  proposals  are  currently  assessed  by  the  Parliament  and  the 

Ministry of Justice. Written contribution received from Albania. 

72   Input from Albania for the 2024 Rule of Law Report, p. 27. The working group consists of HJC members, 
judges from various court levels, and international partners. So far, it has submitted to the Ministry of Justice 
an initial proposal for amendments to the legal framework only with regards to administrative justice (Code 
of  Civil  Procedure,  Law  on Administrative  Courts  and  Law  on  the  Organization  of  Courts). According  to 
information received in the context of the country visit to Albania from the Parliament Legal Committee, this 
package of legislative amendments is being considered in Parliament since March 2024.  

9 

 
 
II. 

ANTI-CORRUPTION FRAMEWORK  

The competence to fight corruption is shared between several authorities. Specialised bodies 
in charge of investigating, prosecuting and adjudicating corruption cases were established in 
2016.  These  are  the  Special  Anti-Corruption  Structure  (SPAK),  comprising  the  Special 
Prosecution  Office  (SPO)  and  the  National  Bureau  of  Investigation  (NBI)  and  the  Anti-
Corruption  and  Organised  Crime  courts  (SPAK  Courts,  both  of  first  instance  and  appeal). 
The General Prosecution Office (GPO) is competent to investigate cases of petty corruption. 
In  2024,  a  dedicated  Minister  of  State  for  Public  Administration  and  Corruption  was 
appointed to ensure coordination of anti-corruption measures across the government services; 
the  new  ministry  is  to  incorporate  the  General  Directorate  for  Anti-Corruption,  currently 
attached  to  the  Ministry  of  Justice.  Finally,  the  High  Inspectorate  for  the  Declaration  and 
Audit of Assets and Conflicts of Interest (HIDAACI) is responsible for collecting and cross-
checking  asset  declarations  and  conflict  of  interest  of  public  officials  and  monitoring  and 
investigating cases reported by whistle-blowers.  

The perception among experts and business executives is that the level of corruption in 
the  public  sector  is  high.  In  the  2023  Corruption  Perceptions  Index  by  Transparency 
International,  Albania  scores  37/100  and  ranks  98th  globally73.  This  perception  has  been 
relatively stable over the past five years.  

A  new  Anti-Corruption  Strategy  for  2024-2030  is  being  prepared,  while  the 
implementation of the current strategy has highlighted shortcomings. Implementation of 
the  Anti-Corruption  Strategy  for  2015-2023  is  overall  on  track,  although  shortcomings  still 
exist,  such  as  limited  attention  to  sectors  particularly  susceptible  to  corruption,  human 
resource management, anti-corruption measures in local and regional governance, conflict of 
interest,  and codes  of ethics and conduct74.  Monitoring  does  not  prioritise risk  analysis and 
results75. A new strategy for 2024-2030 is in preparation by the Government, and adoption is 
expected during 202476.  

The  legal  framework  to  fight  corruption  is  broadly  in  place.  Criminal  and  procedural 
legislation was fully revised in 2016, in line with European standards77. It contains provisions 
criminalising  corruption,  including  active  and  passive  bribery  and  trading  in  influence. 
Provisions for the seizure and confiscation of gains obtained from a criminal offence are in 
place.  Albania has  ratified the  UN Convention against Corruption (UNCAC)78. A  draft law 
aimed to create an office to manage asset recovery, was submitted to public consultation in 
March 2024 and, according to the Ministry of the Interior, is  expected to be adopted in the 
third quarter of 2024. The Code of Criminal procedure does not grant competence to Special 
Courts  for  Anti-Corruption  and  Organised  Crime  over  matters  related  to  the  execution  of 

73   Transparency International, Corruption Perceptions Index 2023 (2024). The level of perceived corruption is 
categorized  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50). 

74   2023 Communication on EU Enlargement policy, Albania Report, pp. 27-28.  
75   2023 Communication on EU Enlargement policy, Albania Report, p. 25.  
76   Information received in the context of the country visit to Albania. 
77   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 43. 
78   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 46. 

10 

 
 
their  judgments  including  those  in  relation  to  corruption79.  The  fight  against  organised 
criminal  networks,  which  often  use  corruption  as  a  tool,  is  a  challenge  in  Albania80. 
Therefore,  a  working  group  for  the  revision  of  the  Criminal  Code,  under  the  lead  of  the 
Ministry of Justice, has been established with the aim to adopt the revised code by 2026. So 
far, concerns have been voiced with regard to the level of consultation and inclusiveness of 
debates81. Albania is not a signatory party to the OECD Anti-Bribery Convention yet82. 

There  are  encouraging  initial  results  of  SPAK  and  SPAK  courts,  however  the 
authorities specialised in the repression and prevention of corruption, flag shortages as 
regards  specialised  resources  and  tools  available.  Since  their  establishment,  SPAK  and 
SPAK  courts  have  showed  positive  results  in  investigation,  prosecution  and  final 
convictions83. Other corruption repressive structures, notably the GPO and law enforcement, 
still encounter challenges in detection and effective investigation of corruption. The number 
of referrals to SPAK from other authorities (such as tax, Financial  Investigation Unit at the 
Ministry  of  Finance,  HIDAACI,  customs  and  police)  remain  very  limited,84  despite  an 
increase in 2023 of referrals from police85. The number of databases to which the SPO and 
NBI  have  direct  access  has  gradually  increased86,  however  NBI  reports  shortcomings  in 
simultaneous access to  all state databases,  and specific shortcomings to  access data of state 
cadastre as mandated by the law87. The NBI currently has 60 investigators, while the launch 
of a selection procedure to hire Judicial Police Services officers, as envisaged by the SPAK 
Law88,  is  still  pending.  SPAK  courts  indicate  shortage  of  administrative  staff,  lack  of  an 
effective case management system, and continuously increasing workload89. The institutional 
framework  for  prevention  has  seen  some  development,  but  its  implementation  continues  to 
have  a  limited  impact.  The  General  Directorate  on  Anticorruption  (GDA)90  coordinates  a 
network  of  44  coordinators  at  the  central  level  and  36  coordinators  at  the  local  or  regional 

79   2023 Screening report Albania, Cluster 1 – Fundamentals, p. 48. 
80   In its 2024 report, Europol indicates that crime is borderless (68% of the most threatening criminal networks 
have activities and presence in both EU and non-EU countries, and Albania is among the Countries outside 
the  EU  with  most  activity.  More  in  general  71%  of  networks  engage  in  corruption  to  facilitate  criminal 
activity or obstruct law enforcement or judicial proceedings. Europol, Decoding the EU’s most threatening 
criminal networks, Publications Office of the European Union (2024).  

81   Information received in the context of the country visit to Albania. 
82   OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 

Ratification Status https://www.oecd.org/daf/anti-bribery/WGBRatificationStatus.pdf. 

83   2023 Communication on EU Enlargement policy, Albania Report, pp. 24-25. 
84   Information received in the context of the country visit to Albania from SPAK. 
85   SPAK 2023 Annual Report, p. 47. 
86   2023 Communication on EU Enlargement policy, Albania Report, p. 42.  
87   Law  No.  95/2016  on  the  Organisation  and  Functioning  of  Institutions  for  Combating  Corruption  and 

Organised Crime, Article 28 (3). 

88   Law  No.  47/2021  amending  Law  No.  95/2016  on  the  Organisation  and  Functioning  of  Institutions  for 

Combating Corruption and Organised Crime. 

89   Written contribution from SPAK in the context of the country visit to Albania. The total number of new cases 

increased, with 2775 new cases in 2023, compared to 2059 new cases in 2022.  

90   The  Minister  of  State  for  Public Administration  and  Corruption,  established  in  2024,  is  supported  by  the 
GDA.  The  GDA  has  been  transferred  from  the  Ministry  of  Justice  to  the  Prime  Minister’s  Office  to 
coordinate  the  network  of  44  anti-corruption  coordinators,  carry  out  strategic  planning,  analysis  and 
communication, and conduct administrative investigations for potential corrupt practices by public officials. 
In  2022,  the  administrative  investigations  conducted  by  the Anti-corruption  Directorate  General  led  to  20 
criminal  reports  (compared  with  12  in  2021),  and  43  administrative  reports  comprising  259  disciplinary 
measures.  

11 

 
 
 
level.  A  co-governance  platform  within  the  Prime  Minister’s  Office  has  been  established, 
allowing citizens and businesses to report suspected acts of corruption which are forwarded 
to  the  GDA9192.  GDA  human  resources  remain  limited:  out  of  nearly  30  employees,  the 
majority  are  dedicated  to  conducting  administrative  investigations  and  liaising  with  anti-
corruption coordinators deployed at various institutions93. This leaves only a small number of 
staff members available to oversee and monitor the implementation of the strategy, all while 
managing  additional  work  duties.  In  June  2024,  Council  of  Ministers  adopted  a  decision 
regarding  GDA’s  competences  and  transfer  under  the  coordination  of  the  Minister  of  State 
for  Public  Administration  and  Corruption94.  The  decision  failed 
the 
abovementioned shortcomings. 

to  address 

The number of persons investigated, prosecuted, and convicted for corruption offences 
has  been  increasing  over  the  past  three  years,  whereas  a  recent  amnesty  law  raises 
concerns.  In  2022,  186  people  were  convicted  for  public  sector  corruption  and  seven  for 
high-level corruption, while 298 new cases were sent to court for public sector and none for 
high-level  corruption,  18  people  were  convicted  of  corruption  in  the  judicial  system, 
including  a  former  Prosecutor  General.  On  high-profile  cases,  criminal  convictions  were 
pronounced  by  the  SPAK  courts  in  high-level  corruption  cases95.  In  April  2024,  Albania 
passed a law granting amnesty to approximately 700 prisoners and reducing the sentence of 
over  400  individuals,  including  mid-level  officials,  deputy  mayors  and  secretary-generals 
convicted for corruption96. Out of these, 40 individuals convicted by Special Courts for Anti-
Corruption  and  Organised  Crime  for  exercising  unlawful  influence  on  public  officials  fall 
under the scope of exemption from serving their sentence and 60 individuals  are entitled to 
benefit from a reduction of their sentence97. 

The State police remain highly vulnerable to corruption as evidenced by a large number 
of complaints to the Police Oversight Agency and arrests, despite some anti-corruption 
efforts.  The  Police  Oversight  Agency  is  responsible  for  the  prevention,  detection  and 
investigation of suspected criminal offences, including corruption, committed by employees 
of  law  enforcement  agencies.  In  2023,  the  Agency  received  1 522  complaints  directly  and 
4 203  complaints  via  a  dedicated  phoneline.  The  Agency  recommended  the  launch  of 
disciplinary investigations for 95 employees, for 15 of them for serious violations. During the 
same  year,  the  Agency  referred  342  law  enforcement  employees  to  criminal  prosecution, 
largely for “abuse of duty” and “passive corruption”. With a view to ensuring the integrity of 
the police personnel, in 2023, 72 individuals underwent periodic and transitional evaluation, 

91   Law No. 107/2021 on Co-Governance. 
92   According to the authorities, a cooperation agreement is being prepared. Written contribution received from 

Albania. 

93   Input from Albania for the 2024 Rule of Law Report, pp. 33-34. 
94   Council of Ministers Decision No. 436 of 26 June 2024. 
95  Criminal convictions were pronounced by the SPAK Courts, notably the conviction of a former Minister of 
Environment  to  10  years  in  prison  and  of  a  Member  of  Parliament  to  four  years  in  prison  as  part  of  an 
investigation into the concession contracts on urban waste treatment (the incinerators’ affair), reduced to 6.8 
and 2.8 years respectively due to shortened trial. A former deputy prime minister was indicted by SPAK for 
criminal  offences,  including  passive  corruption,  as  part  of  the  investigations  on  the  ‘incinerators’  case. A 
former deputy minister of health was arrested in connection to a procurement case. Investigations launched 
previously on high level officials have continued. 2023 Communication on EU Enlargement policy, Albania 
Report, p. 25. 

96  Data confirmed by SPAK in July 2024. 
97   Written contribution from SPAK in the context of the country visit to Albania. 

12 

 
 
with decisions ranging from confirmation to removal from positions98. As of December 2023, 
all  police  officers  were  obliged  by  government  order  to  declare  whether  they  used  specific 
encrypted communication applications. The encrypted messaging via these applications had 
shown  a  high  level  of  criminal  infiltration  and  corruption  within  the  ranks  of  the  police99. 
Following the order of 17 June 2024 on the integrity verification process within the police, 
police officers were obliged to turn in completed self-declaration forms by 30 June100101. 

The  systematic  use  of  financial  investigations  and  asset  confiscations  has  improved, 
though limitations in scope restrict their impact. Seizures of assets for all crimes declined 
in 2023. Albania reported about EUR 21 million worth of seized assets (compared with EUR 
46 million  in  2022). The confiscation of assets for all crimes increased  in 2023 to  EUR 11 
million in value.  Seizures of assets from corruption-related crimes totalled EUR 6 million in 
value  in  2023,  compared  with  EUR 38  million  in  2022.  The  confiscation  of  assets  for 
corruption-related  crimes  declined  (EUR  280,458  in  2023  compared  to  EUR  847,195  in 
2022). Although the systematic use of special investigative measures has improved, it is too 
low compared to the operational needs, which also affects consistency between preliminary 
assets seizure and final confiscations.  

Coordination between institutions in charge of corruption prevention and relevant law 
enforcement  structures  is  weak.  Shortcomings  in  cooperation  between  the  State  Audit 
Institution,  and  the  Ministry  of  Finance  and  Economy  are  prevalent  and  the  number  of 
referrals  to  law  enforcement  for  judicial  follow-up  is  limited102.  The  law103  guarantees  the 
independence of the State Audit Institution. Only 50% of recommendations issued in 2021 by 
the  State  Audit  Institution  are  fully  or  partially  implemented104.  In  2023,  the  State  Audit 
Institution referred 13 cases with suspicions of crime to the Special Prosecutor’s Office105. 

While  declarations  of  assets  and  interests  are  verified  by  the  HIDAACI,  some 
shortcomings exist in terms of mandate and human resources, which risk to impact the 
effectiveness of its examinations. The HIDAACI verifies declarations of assets and interests 
by  public  office  holders,  including  at  senior  level,  and  ascertains  conflicts  of  interest106. 
HIDAACI  has  73  employees107.  Around  4 000  elected  and  public  officials  are  obliged  to 
submit annual asset declarations. Since October 2022, the asset declarations are submitted in 
electronic format and in hard copy. However, their publication has been suspended in  2023 

98   Written contribution from the Police Oversight Agency in the context of the country visit to Albania.  
99   Ministry of Interior (2023), Press release of 04.12.2023. 
100  Press  release  of  the Albanian  State  Police,  17.06.2024  (https://asp.gov.al/thellohet-procesi-i-verifikimit-te-

integritetit-te-punonjesve-te-policise-se-shtetit/). 

101 According to the authorities, the adoption of a new law on the State Police is expected in 2024 with a view to 
including  measures  to  address  corruption  and  integrity  risks  related  to  the  Albanian  State  Police.  Written 
contribution received from Albania. 

102  According  to  the  authorities,  a  Memorandum  of  Understanding  is  underway  between  the  National 
Coordinator  Against  Corruption  and  the  General  Prosecution  Office.  Written  contribution  received  from 
Albania. 

103  Law No. 154/2014 on the Organisation and Function of the State Supreme Audit Institution. 
104  2023 Communication on EU Enlargement policy, Albania Report, p. 74. 
105  Input from Albania for the 2024 Rule of Law Report. 
106  Law No. 9049/2003 on the Declaration and Audit of Assets, Financial Obligations of Elected Persons, and 

Certain Public Officials (as amended in June 2017). 

107  Written contribution received from Albania. 

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by HIDAACI due to  alleged cybersecurity concerns  108. In 2023, HIDAACI conducted 187 
full  audits  for  187  candidates  to  justice  institutions  and  34  persons  in  the  State  Police,  the 
Republican Guard and Police Surveillance Agency. However, HIDAACI’s mandate does not 
include  the  verification  of  assets  potentially  concealed  through  private  entities  or  through 
ownership by other individuals, which limit the effectiveness of audits.  

The  regulation  of  revolving  doors,  conflicts  of  interests,  lobbying  and  political  party 
financing is incomplete. Albania’s legal framework does not regulate large online platform 
and  third-party  campaigning.  The  legal  framework  on  conflict  of  interests,  donations, 
sponsorships, and political party financing is not  aligned with European standards109. There 
are no  rules  on post-employment  restrictions for both  members of  the Council of Ministers 
and political advisors. An Ethics Commission composed mainly of senior civil officials and a 
Minister,  was  set  up  in  2021  to  enforce  the  Ministerial  Code  of  Ethics110.  However,  the 
presence  of  a  Minister  among  its  members  was  found  to  be  against  the  principle  of 
independence  and  impartiality  from  the  executive111.  Rules  on  how  high-level  government 
officials engage with lobbyists and other third parties do not cover all interactions beyond in-
person  meetings,  and  do  not  contain  a  requirement  to  publish  information  of  such 
interactions.  Rules  on  transparency  of  contacts  of  high-level  government  officials  with 
lobbyists  and  other  third  parties,  and  in  post-employment  restrictions  to  avoid  conflict  of 
interest, are also inadequate112113.  

The  low  number  of  whistleblowers’  reports  is,  according  to  stakeholders,  due  to  self-
censorship and lack of trust in the effectiveness of the measures of protection. The legal 
framework  on  whistleblower  protection  is  partially  aligned  with  the  EU  acquis114.  During 
2023,  HIDAACI  reviewed  13  new  whistleblower  reports  and  one  request  for  protection 
against retaliation, and in 11 cases an administrative fine was imposed. Additional cases were 
referred  directly  to  the  national  bodies  competent  to  assess  the  breaches  reported  by  the 
whistleblowers,  including  the  State  Audit  Institution  for  auditing  public  funds,  the 
Prosecutor’s  Office  and  State  Police,  the  Independent  Qualification  Commission,  and  the 
Head of the Central Public Authority. Stakeholders point to self-censorship and lack of trust 
in  the  effectiveness  of  protection  measures  as  the  main  reasons  for  the  low  number  of 
whistle-blowers’ reports115. 

Overall,  corruption  is  prevalent  in  many  areas,  including  during  electoral  campaigns, 
with  preventive  measures  suffering  from  an  overly  complex  legal  framework  and 
continuing  to  have  limited  impact  in  vulnerable  sectors.  Limited  transparency  in  public 
procurement  procedures,  especially  for  public-private  partnerships,  are  a  source  of 
concern116. The misuse of  state resources during  electoral  campaigns is  an  area of concern. 

108   Input from Albania for the 2024 Rule of Law Report.   
109  2023 Screening report Albania, Cluster 1 – Fundamentals, p. 48.  
110  Ministerial Code of Ethics No. 830, 15.09.2023. 
111  As also established by GRECO (2023), Fifth Evaluation Round, Albania Compliance Report, pp. 6-7. 
112  2023  Screening  report Albania,  Cluster  1  –  Fundamentals,  p.  48. As  also  established  by  GRECO  (2023), 

Fifth Evaluation Round, Albania Compliance Report. 

113  According  to  the  authorities,  work  is  underway  for  the  revision  of  the  Ministerial  Code  of  Ethics.  Written 

contribution received from Albania. 

114  2023 Screening report Albania, Cluster 1 – Fundamentals, p. 47. 
115  Information received in the context of the country visit to Albania. 
116  2023 Communication on EU Enlargement policy, Albania Report, p. 103. 

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Corruption risks seem to exist in particular in the health, education, and property sectors and 
within the police117, as well as at the State Cadastre Agency (SCA)118.  Internal checks and 
inspection mechanisms in the public administration are weak and ineffective119. Digitalisation 
measures  helped  to  tackle  petty  corruption  but  did  not  address  major  issues  in  internal 
administrative processes120.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The  Constitution  provides  the  overall  framework  for  the  protection  of  the  freedom  of 
expression, media freedom and the right to information121. The tasks, organisational structure 
and rules of procedure of the national audio-visual media regulatory authority and the public 
broadcaster, Albanian Radio and Television, are prescribed in law122. The right to information 
and access to public documents is regulated by the Law on the Right to Information, as  last 
amended in 2023123. Defamation is a criminal offence124. 

Concerns  have  been  raised  with  regard  to  the  independence  of  the  Audio-Visual 
Regulatory  Authority  (AMA)  due  to  the  bi-partisan  formula  for  election  of  board 
members  and  their  political  affiliation.  AMA  is  composed  of  its  Chairperson,  Deputy 
Chairperson  and  five  Board  members.  The  law  provides  that  AMA  members  shall  be 
appointed  by  the  Parliament,  with  three  members  having  the  support  of  the  majority,  three 
members  having  the  support  of  the  opposition,  while  the  chairperson  shall  be  elected  by 
consensus of the political parties in the parliament125. The members of the board are required 
by law to have at least ten years of experience in a number of relevant areas. AMA’s budget 
is  based on fees  levied from the media industry126, but  in  exceptional  circumstances, it can 
seek funding from the state to carry out special tasks. The bipartisan  formula for the election 
of AMA members, including its chairperson as well as the political affiliation and conflicts of 
interest  of  its  members  have  raised  concern127  The  2024  Media  Pluralism  Monitor  (MPM) 
considers this to be an area of medium risk referring in particular to the risk of political and 
corporate  influence  in  the  appointment  procedures  of  AMA  Board  members,  the  political 
background  of  the  Chair  and  Board  members  and  shortcomings  in  enforcement  of  the 
Broadcasting  Code  on  those  media  outlets  which  air  pre-recorded  political  content  during 
electoral campaigns  128. In 2023, AMA approved the Audiovisual Broadcasting Code which 

117  2023 Screening report Albania, Cluster 1 – Fundamentals, p. 48. 
118 This is indicated by the high number of corruption complaints involving this institution (70% of all citizens’ 
complaints  refer  to  the  State  Cadastre  Agency)  and  investigations  and  arrests  for  corruption  or 
misappropriations that have been launched against its employees (at the local offices in Vlora, Durrës and 
elsewhere). Input from Albania for the 2024 Rule of Law Report. 

119 2023 Communication on EU Enlargement policy, Albania Report, p. 26. 
120  2023 Communication on EU Enlargement policy, Albania Report, p. 24. 
121  Constitution of the Republic of Albania, Articles 22 and 23. 
122  Law  No.  97/2013  on  Audiovisual  Media  Services,  amended  by  Law  No.  22/2016,  Law  No.  91/2017, 

Constitutional Court Decision No. 55/ 2016, Law No. 30/2023. 

123  Law No. 119/2014 on the Right to Information. 
124  Article 120 of the Criminal Code, punishable with a criminal fine; Reporters without Borders (2024), World 

Press Freedom Index, Albania: Albania ranks 99 compared to 96 in 2023. 

125 Law No. 97/2013 on Audiovisual Media Services, Article 9. 
126  Including fees for issue and renewal of licenses/authorizations, annual processing fees, administrative fees 

for processing of applications and percentages from taxes levied. 

127  See  Venice  Commission  (2020),  Opinion  980/2020  on  the  draft  amendments  on  the  Law  No.  97/2013  on 

Audiovisual Media Service, paras. 33-37. 

128  2024 Media Pluralism Monitor, country report for Albania, p. 13. 

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promotes adherence to ethical standards for audiovisual media, particularly regarding ethical 
reporting, including on gender issues.  

Self-regulation  in  the  media  sector  is  weak  as  it  is  impacted  by  limited  resources,  a 
polarised  media  landscape  and  persisting  inflammatory  rhetoric  in  the  public  debate. 
The Alliance for Ethical Journalism acts as self-regulatory body for the media and is set up 
by  the  Albanian  Media  Council,  bringing  together  media  representatives  committed  to 
rigorously  implementing  the  Code  of  Ethics  for  Journalists.  The  Alliance  has  developed  a 
complaint  mechanism  based  on  complaints  received  from  the  public  regarding  ethical 
violations and provides  recommendations to  its  members. However, the  membership of the 
Alliance  is  still  limited, it  is  dependent  on  donor  support,  and  its  recommendations  are  not 
always  implemented,  notably  due  to  the  division  of  the  media  landscape  along  political 
lines129.  

Limited  regulation  on  transparency  of  media  ownership  and  high  concentration 
negatively  impact  media  independence.  Albanian  law  provides  for  limited  transparency 
rules requiring the disclosure of company ownership, applicable to the audiovisual and print 
media130.  Online  media  are  not  regulated.  With  a  view  to  continue  to  participate  in  the 
Creative Europe Programme, the law on audiovisual media was amended in 2023 to align it 
with  the  EU  acquis.  The  Audiovisual  Media  Law  lays  down  limited  safeguards  against 
concentration of media ownership and monopolies. Some provisions of the law according to 
which one single entity shall not own more than 40% of the capital of a media were repealed 
by  the  Constitutional  Court  in  2016131.  The  remaining  limited  rules  are  applicable  only  to 
audiovisual  media,  and  printed  press  and  online  media  are  not  subject  to  any  ownership 
restrictions.  The  legislation  does  not  provide  for  any  limitations  in  cross-media  ownership 
concentration.  The  legal  and  regulatory  framework  has  led  over  time  to  high  degree  of 
concentration in the Albanian media  environment132 which was  also  highlighted as a major 
risk  by  the  shareholders133  and  by  MPM  2024,  which  maintained  its  high-risk  score  for 
market plurality in Albania’s media landscape in 2023134.  MPM 2024 maintains its high-risk 
score for transparency of media ownership135.  

The  fair  allocation  of  state  advertising  and  other  state  resources  is  not  ensured.  The 
legal  framework  does  not  provide  for  a  clear  and  transparent  distribution  of  public  sector 

129  Information  received  in  the  context  of  the  country  visit  to Albania  from  civil  society  organisations  in  the 

field of media. 

130  A  recent  amendment  to  the  Law  No.  97/2013  on  Audiovisual  Media  Services,  approved  by  Law  No. 
30/2023,  has  introduced  a  new  provision  intended  to  increase  the  ownership  transparency  of  beneficial 
owners  in  the  audiovisual  media.  A  special  Law  No.  112/2020  on  Registration  of  Beneficial  Owners,  as 
amended by Law No. 6/2022, set more detailed rules on registration and publication of beneficial owners. 

131  Constitutional Court, Decision no. 56 of27 July 2016.  
132  2023  Communication  on  EU  Enlargement  policy,  Albania  Report,  pp.  31-32.  Written  contribution  from 
AMA  in  the  context  of  the  country  visit  to  Albania:  In  April  2024,  AMA  adopted  a  regulation  on 
requirements and procedures for reviewing changes regarding the ownership structure and the transparency 
of ownership-related data of audiovisual service providers, AMA Decision No. 40 dated 26.04.2024. 

133  Information received in the context of the country visit to Albania. See also: Balkan Investigative Reporting 

Network (2023), Media Ownership Monitor, Albania.  

134  In  particular,  the  MPM  2024  referred  to  the  high  degree  of  horizontal  concentration  in  the  broadcast  and 
newspaper market, and the lack of thresholds in the legal framework to limit concentration of ownership and 
audiences. 2024 Media Pluralism Monitor, country report for Albania, pp. 14-16.  

135  2024 Media Pluralism Monitor, country report for Albania, p. 14. 

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advertising in line with international standards.  MPM 2024 concludes that state advertising is 
not  distributed  fairly  and  in  a  transparent  manner136.  The  state  advertising  procurement 
procedure allows sub-contracting in a way which enables the circumvention of the open and 
competitive  standards  set  out  by  normal  public  procurement  rules137.  Furthermore, 
advertising is often commissioned in the context of projects implemented by central or local 
government  agencies  that  are  not  subject  to  procurement  rules.  MPM  2024  therefore  has 
maintained its medium risk indicator of state regulation of resources and support to the media 
sector,  with  no  change  in  percentage  since  2021138.  Independence  of  media  is  further 
impacted by the intersection of political, business, and other interests, in terms of funding and 
content139.  High-profile  business  groups  further  increased  their  economic  penetration  in  the 
media  market  during  the  reporting  period  and  their  strong  links  to  political  interests  are  a 
serious concern140.  

Concerns exist with regard to the independence of the public broadcaster. The Albanian 
Public Broadcaster Albanian Radio Television (RTSH)  is composed of a General Director, 
Steering  Council  and  a  Management  Board.  The  Steering  Council  consists  of  10  members 
and  a  chairperson  appointed  by  the  Parliament,  with  five  members  supported  by  the 
majority, five members supported by the opposition,  whereas the chairperson is  elected by 
consensus  of  the  political  parties  in  the  Parliament141.  The  system  to  elect  board  members 
mirrors  the  political  balances  in  the  Parliament.  The  members  of  the  Steering  Council  are 
required by law to have at least ten years’ experience in relevant  areas.  The process to fill 
two  vacancies  on  the  Steering  Council  started  in  March  2022  was  finalised  in  July  2024 
when the Parliament voted to fill the remaining vacancy in the steering board of the public 
broadcaster,  thus  ensuring  its  full  membership.  The  Parliament  has  yet  to  fully  adhere  to 
procedures that ensure the greatest level of independence, impartiality, and legitimacy of the 
public  broadcaster142.  In  June  2023,  the  Steering  Council  elected  by  unanimity  a  new 
Director-General. The fact that the appointee held the position of Secretary for relations with 
media and civil society of the ruling party until September 2021 has raised  concerns about 
the independence of the public broadcaster.143 Over 30 media workers were dismissed by the 
newly appointed management in what the media community described as an opaque process 
violating  procedures144.  MPM  2024  has  significantly  increased  the  risk  score,  within  the 
medium  risk  band,  relating  to  the  independence  of  public  service  media,  following  the 

136  2024 Media Pluralism Monitor, country report for Albania, p. 18. 
137  Advertising  and  other  service  contracts,  such  as  awareness  raising  and  information  campaigns,  are  often 
awarded to advertising agencies, who then outsource the contract without any specific criteria. Through such 
practices,  agencies  channel  money  to  media  outlets  directly  or  indirectly  through  advertising  agencies  or 
other third parties. These transfers are of concern, as they take on the role of subsidies in an environment 
where  audience  measurement  is  not  available,  and  no  clear  rules  exist  on  the  distribution  of  state 
advertisements. 

138  2024 Media Pluralism Monitor, country report for Albania, p. 18. 
139  2023 Communication on EU Enlargement policy, Albania Report, p. 31. 
140  2023 Communication on EU Enlargement policy, Albania Report, p. 33. 
141  Law No. 97/2013 on Audiovisual Media Services. 
142  2023 Communication on EU Enlargement policy, Albania Report, p. 33. 
143  See also: 2024 Media Pluralism Monitor, country report for Albania, p. 19. 
144 Information received in the context of the country visit to Albania. 

17 

 
 
above-mentioned appointment of the new Director-General of the RTSH145. RTSH’s budget 
relies mainly on TV set tariff and in part on state budget146.  

While  the  amendments  to  the  law  on  the  right  to  information  introduce  positive 
changes,  there  are  a  wide  range  of  exemptions  and  shortcomings  in  terms  of 
implementation. The right to information is set out in the Constitution of Albania and further 
regulated  in  law  on  access  to  information147  which  is  broadly  aligned  with  European 
standards148.  In  2023  Albania  adopted  changes  to  the  law  on  the  right  to  information, 
including stronger accountability for breaches of the law149, and stronger sanctioning power 
of  the  Commissioner,  but  their  implementation  is  still  to  be  followed  in  practice.  The 
independence of the Commissioner for the Right to Information is adequately guaranteed by 
the  law150.  Public  authorities  may  withhold  information  related  to  national  security,  trade 
secrets, privacy, copyright, fiscal policies, ongoing criminal or administrative investigations, 
and  intra-governmental  consultations.  The  lack of  a  clear  definition  of  the  “public  interest” 
provision  gives public institutions significant  discretion to  legally restrict  or deny  access  to 
information. In addition, prompt access to information is hampered by long binding deadlines 
and  an  institutional  culture  of  withholding  replies,  which  affects  disproportionately 
journalists,  as  they  file  most  information  requests.  Media  actors  see  the  newly  introduced 
media  accreditation  regulations  by  Parliament  as  limiting  the  access  to  information  for 
journalists151.    MPM  2024 reports  a  medium  risk  on  the  right  to  information152. The  Media 
Information Agency (MIA) was established in 2021 by decision of the government with the 
task to  inform  and communicate with  the public and media, as well as prepare government 
positions and surveys on matters of public interest153. MIA has been criticised by civil society 
organisations  and independent  observers  as reducing  media access  to  direct  and transparent 
information  from  government  institutions154.  Media  organisations  have  reported  on  further 
concentration of public information  during 2023, with  concerns that systematic attempts by 
political  actors  and  government,  at  both  local  and  central  levels,  to  feed  media  with  pre-
prepared content, risks amounting to disinformation155.  

145  2024 Media Pluralism Monitor, country report for Albania, p. 19. 
146  Other sources include: the license fee; contracts with third parties for various transmissions, utilising its free 
technical  capacities;  marketing  of  musical  productions,  video  and  audiocassettes,  books,  newspapers,  and 
magazines related to its programs; activities of public performances; advertisements and publication of other 
paid messages; sponsorships and donations. 

147  Constitution of the Republic of Albania, Article 23. Law No. 119/2014 on the Right to information.  
148  Albania  has  ratified  the  Council  of  Europe  Convention  "On  access  to  official  documents"  by  Law  No. 
45/2022 "For the ratification of the Convention of the Council of Europe "On access to official documents".  
149  2023  Communication  on  EU  Enlargement  policy,  Albania  Report,  p.  33.  The  remit  of  application  for 
sanctions  has  been  expanded  to  cover  the  head  of  state  institutions  or  senior  civil  servants  in  case  of 
malpractice and failure to enforce the orders of the Commissioner for the Right to Information. 

150  Law No. 119/2014 on the Right to information, Article 29. The law ensures that the Commissioner is elected 
for a five-year term mandate with a right to re-election, establishing the criteria for selection, termination of 
the mandate, and enshrines the budgetary independence that may originate from donors without conflict of 
interest, aside from the state budget. 

151  Information received in the context of the country visit to Albania.  
152  2024 Media Pluralism Monitor, country report for Albania.  
153  Council  of  Ministers  Decision  No.  512  dated  18.09.2021,  "On  the  establishment,  organization  and 

functioning of the Agency for Media and Information". 

154  Information received in the context of the country visit to Albania. See amongst others: Res Publica, Right to 

information 2022 – Is it aiming to go one step higher? p. 24. 

155  Information received from media organisations in the context of the country visit to Albania. 

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Verbal  and  physical  attacks,  smear  campaigns  and  strategic  lawsuits  against  public 
participation  (SLAPP)  against  journalists  are  a  cause  for  concern.  Defamation  is  a 
criminal  offence,  and  the  legal  framework  does  not  provide  for  safeguards  regarding 
SLAPP156. The civil law provisions on fraudulent or inaccurate publications are not aligned 
with European standards157 and are used to launch SLAPP against journalists158. Journalists 
have the right to protect their sources and refuse to testify in criminal, civil and administrative 
cases,  with  some  narrowly  defined  exceptions159.  Nonetheless,  in  February  2024,  the  High 
Court deemed lawful the seizure by the Special Prosecution Office against Organised Crime 
and Corruption (SPAK) of phones and computers belonging to a journalist who was reporting 
on  an  organised  crime  case  under  SPAK  investigation160.  Safe  Journalists  Network  has 
reported 18 cases of attacks against journalists in 2022 and 24 cases in 2023161. Intimidation 
of journalists by high state officials and police officers is a concern162. Media organisations 
reported a rise in lawsuits against journalists throughout 2023 to 65 civil163 and six criminal 
cases  at  all  court  levels  confirmed  by  the  authorities164.  The  monitoring  and  transparent 
reporting  of  the  judicial  cases  involving  journalists  and  media  professionals  is  not 
systematically undertaken and needs to be significantly enhanced. Cases of intimidation and 
threats  against  journalists,  notably  online,  remain  underreported  due  to  fear  of  retaliation, 
victimisation, and lack of trust in the effectiveness of institutional or law enforcement follow 
up165. Limited access  to  legal  assistance and limited support from  media outlets  in  cases of 
attacks leaves journalists vulnerable to threats and violence166. The use of force including in 
relation  to  journalists  by  law  enforcement  authorities,  in  particular  in  the  context  of 
demonstrations,  continues  to  be  of  concern167.  The  Council  of  Europe  Platform  to  promote 
the protection of journalism and the safety  of journalists has published six  alerts  since July 
2023168.  The  registered  incidents  relate  to  above-mentioned  physical  assault,  threats,  verbal 
insults,  intimidation  by high  state  officials  and home  search.  Limited  job  security  and  poor 
working  conditions  for  journalists  pose  serious  challenges  in  terms  of  self-censorship, 

156  2023  Communication  on  EU  Enlargement  policy,  Albania  Report,  p.  32;  European  Civic  Forum  (2024), 

Civic Space Report 2024 – Western Balkans (Balkan Civil Society Development Network), p. 339. 

157  2023 Communication on EU Enlargement policy, Albania Report, p. 32. 
158  2023 Communication on EU Enlargement policy, Albania Report, p. 32. 
159  Criminal Procedure Code, Art. 159 (3). 
160  Constitution, Article 22.   Decisions no. 501 and 502 dated 13.12.2023 of the Special Court on Corruption 

and Organised Crime. 

161  In  2023,  the  Mapping  Media  Freedom  platform  registered  at  least  five  physical  attacks  (three  of  them 
resulting in injury) involving 11 journalists or media professionals. Media Freedom Rapid Response (2023), 
Mapping Media Freedom - Monitoring Report 2023, pp. 35-36.  

162  2023 Communication on EU Enlargement policy, Albania Report, p. 32.  
163  Center  Science  and  Innovation  for  Development  –  SCiDEV,  Multi  stakeholder  discussion  on  “Advancing 
Safety  of  Journalists  and  Media  Freedom  in Albania:  Charting  the  Course  for  EU  Integration”,  5  March 
2024, Tirana, Albania. 

164 Written contribution received from Albania. 
165  Information received from civil society organisations from media sector.  
166  2023  Screening  report Albania,  Cluster  1  –  Fundamentals, pp. 8  and 57. Albania  evaluates  that  its  current 
legal  framework  has  shortcomings,  particularly  in  regard  to  guaranteeing  specific  personal  protection  to 
journalists and other media professionals, whose safety is under risk of physical attack linked to their work. 
Albania’s legislation also does not contain provisions on journalists’ protection from cyber-attacks. 

167  2023 Communication on EU Enlargement policy, Albania Report, p. 32. 
168 Council of Europe, Platform to promote the protection of journalism and safety of journalists – Albania. 

19 

 
 
pressure from political actors and a reduced resistance to disinformation169. For these reasons 
MPM 2024 considers this to be an area presentingmedium risk170.  

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Albania  is  a  unicameral  parliamentary  democracy  with  140  members  of  the  Parliament 
elected through a proportional voting system every four years171. The Government, including 
the Prime Minister and members of the Council of Ministers172, are elected by the Parliament, 
which also elects the President of the Republic every five years. Legislation is adopted by the 
Parliament  upon  the  initiative  of  the  Government,  any  member  of  Parliament  or  at  least 
20 000  voters.  The  President  has  the  power  to  refuse  to  publish  a  law  and  return  it  to  the 
Assembly  for  further  review.  The  Parliament  can  overturn  the  President’s  veto  through  an 
absolute majority173. The Constitutional Court checks legal acts and international agreements 
for compliance with the Constitution, settles conflicts of constitutional nature between public 
authorities  of  central  or  local  level,  and  checks  compliance  of  final  individual  cases  with 
human  rights.174  Several  independent  authorities  and  bodies  aim  to  protect  and  promote 
human rights, including the Commissioner for Protection from Discrimination (CPD)175 and 
the  Ombudsperson,  which  is  accredited  with  A  status  by  the  Global  Alliance  of  Human 
Rights Institutions176. 

Challenges  regarding  the  quality  of  the  legislative  process  include  the  limited 
effectiveness  of  public  consultations.  Public  consultation  processes  and  safeguards  to 
improve the quality of the law-making process are in place177. There is a statutory twenty-day 
time-limit for carrying out public consultations, the electronic web portal is operational and 
has  been  updated,  and  an  annual  progress  report  is  published  on  the  progress  of  public 
consultations178.  However,  the  implementation  of  these  rules  in  practice  remains  rather 
formal. Institutions such as the Council of Ministers and Parliament rely  on separate online 
platforms for public consultations, with different public consultation  standards179. Measures 
to  encourage  high  participation  and  awareness,  timely  consultations  and  due  follow  up  to 
consultations  are  not  always  ensured,  particularly  regarding  consultations  on  legislative 

169  2023 Communication on EU Enlargement policy, Albania Report, p. 34. 
170  2024 Media Pluralism Monitor, country report for Albania, pp. 12-13. 
171  Constitution of the Republic of Albania, Article 64. 
172  Constitution of the Republic of Albania, Part V, Articles 95 to 107. 
173  Constitution of the Republic of Albania, Article 85; Rule of Procedure of the Assembly of the Republic of 

Albania, Article 86. 

174  Constitution of the Republic of Albania, Article 124. 
175  The CPD is the equality body in Albania, established by Law No. 10221/2010, as amended by the Law No. 

124/2020, that is aligned with four European Directives in the field of non-discrimination. 

176  Chart of the status of national institutions – Accreditation status as of December 2020.. 
177  The process of public consultation in Albania is regulated by Law No. 146/2014 "On Public Notification and 
Consultation"  and  relevant  bylaws,  and  other  regulatory  acts.  It  is  monitored  by  the  Office  of  the  Prime 
Minister. The Electronic Register for Public Announcements and Consultations makes public all draft laws. 
Direct  consultations  and  public  meetings  with  interested  parties  (often  civil  society)  can  be  set  up.  Upon 
completion  of  the  public  consultation  process,  opinions  and  recommendations  are  gathered  by  the  public 
consultation  coordinator  of  the  relevant  public  body.  Their  review  is  carried  out  by  the  public  body 
responsible for drafting the act. 

178  GRECO (2023), Fifth Evaluation Round, Albania Compliance Report, p. 9.  
179  2023 Screening report Albania, Cluster 1 – Fundamentals, p. 20. Information received in the context of the 
country  visit  to  Albania.  See  also:  public  consultation  platforms  of  the  Council  of  Ministers  and  the 
Parliament. 

20 

 
 
initiatives  of  the  Parliament180.  Most  legal  initiatives  (90%)  are  tabled  by  the  executive, 
however  effectiveness  of  public  consultations  on  these  legal  initiatives  remains  limited  as 
also  underlined  by  GRECO181.  Shortcomings  include  the  lack  of  timely  publication  for 
stakeholders, making it difficult for civil society, the media and the broader public to be able 
to respond182. The frequent use by the Government of normative acts having the force of law 
for amending the state budget raises shortcomings, including in relation to public consultation 
and transparency  183, as these acts are reserved for temporary measures in cases of necessity 
and emergency184.  

Amendments  to  the  Law  on  Inquiry  Committees  have  been  criticised  for  limiting  the 
Parliament’s  oversight  role  and  are  under  review  by  the  Constitutional  Court. 
According to the Constitution, the Assembly has the right and, upon request of one-fourth of 
its  members,  is  obliged, to  designate  inquiry  committees  to  review  a  particular  matter.  The 
findings and conclusions of an Inquiry Committee, which are not binding, may be forwarded 
to the Prosecution Office, which in turn decides on whether or not to open an investigation 
185. The Law on the Inquiry Committees was amended in December 2023. It introduces new 
conditions  that  need  to  be  met  for  the  establishment  of  an  inquiry  committee,  specifies 
criteria that may justify  holding closed hearings, and provides that requests for questioning 
witnesses or obtaining  other evidence require majority decisions  186. The amendments  have 
been criticised by civil society organisations and opposition as weakening this tool187. On 9 
July 2024 the Constitutional Court found some of the amendments unconstitutional, as they 
infringe the right of  parliamentary minorities to establish committees of inquiry and fail to 
guarantee  the  effective  oversight  of  the  parliamentary  work  by  the  minority  groups188.  The 
decisions  of  the  Parliament  refusing  the  establishment  of  individual  inquiry  committees 
remain  subject  to  constitutional  review  and  have  been  systematically  referred  to  the 
Constitutional Court in case of disagreement.  

Deep political polarisation has had a negative impact on the effectiveness, transparency 
and  objectivity  of  parliamentary  work.  During  the  2023  autumn  session,  there  were 
continuous clashes in Parliament between the ruling majority and a part of the opposition, the 
latter  causing  disruptions  to  its  work.  This  context  led  the  ruling  majority  to  use  its  voting 

180  2023 Screening report Albania, Cluster 1 – Fundamentals, p. 13. Information received in the context of the 

country visit to Albania. 

181  GRECO (2023), Fifth Evaluation Round, Albania Compliance Report, p. 18. 
182  Legislative amendments, calendars, and agendas, voting records. 
183  Normative Act No. 1 of 21 February 2024; Normative Act No. 5 of 18 October 2023: Normative Act No. 6 
of 14 December 2023; Ministry of Finance (2023) Statement of the Minister of Finance and Economy of 18 
October  2023  on  the  approval  of  the  Normative  Act  for  Changes  to  the  2023  Budget.  The  International 
Monetary Fund (IMF) has issued a recommendation to Albania to limit the use of normative acts to alter the 
budget  in  the  context  of  the  2023  Article  IV  Consultation.  IMF  (2023),  IMF  Country  Report  No.  24/7, 
Albania (Press Release and Staff Report).    

184 Constitution of the Republic of Albania, Article 101. The Constitution provides that in cases of necessity and 
emergency,  the  Government  may  issue  normative  acts  having  the  force  of  law  for  taking  temporary 
measures, which must be approved by the Assembly within 45 days or lose force retroactively. 

185  Constitution of the Republic of Albania, Article 77.2. 
186 Previously, previously requests could be made by any member of the commission. See also: Law 106/2023, 
amending  Law  8891/2002  on  the  Organization  and  Operation  of  the  Investigative  Commissions  of  the 
Assembly; 2023 Screening report Albania, Cluster 1 – Fundamentals, pp. 15-16. 

187  Information received from civil society organisations in the context of the country visit to Albania; Balkan 

Insight (2023), Albania’s Socialists Move to Limit Parliamentary Investigative Committees.  

188  Constitutional Court of the Republic of Albania (2024), Press release of 9 July 2024. 

21 

 
 
strength to pass laws without debate. The ruling majority amended the Parliament’s rules of 
procedure to increase disciplinary measures for members of Parliament disrupting its work189.  
On 19 June the Constitutional Court found some of the amendments regarding expulsion and 
suspension  of  the  members  of  the  Parliament  unconstitutional190.  From  October  2023  to 
March  2024,  the  Ethics  Secretariat  took  a  record  number  of  68  punitive  measures  against 
roughly  50%  of  the  opposition  members  of  Parliament  191  out  of  which  eight  were  taken 
based  on  the  amended  rules  of  procedure192  The  meetings  of  the  Ethics  Secretariat  were 
conducted behind closed doors and with the participation of only ruling majority members of 
Parliament,  followed  by  the  publication  of  their  minutes  and  decisions  on  the  Parliament's 
official website. The work of standing committees moved online during parts of the reporting 
period, limiting transparency regarding quorum193.  

The  Constitutional  Court  is  effective  in  upholding  institutional  checks  and  balances, 
though Parliament has failed to comply with some of its rulings. All nine members of the 
Court have been elected via the new constitutional procedures, after having been vetted in the 
context of the 2016 justice reform. Since it regained full functionality when seven vacancies 
were  filled  in  December  2022,  the  Court  has  dealt  effectively  with  a  number  of  important 
cases  and  reduced  its  backlog194.  During  the  reporting  period,  the  Parliament  failed  to 
implement  some  rulings  of  the  Constitutional  Court,  including  one  relating  to  the  right  of 
citizens residing abroad to take part in elections195. 

On  1  January  2024,  Albania  had  24  leading  judgments  of  the  European  Court  of 
Human  Rights  pending  implementation196.  At  that  time,  Albania’s  rate  of  leading 
judgments from the past ten years that remained pending was at 96%, and the average time 

189  Freedom House (2024), Nations in Transit, Country report, Albania.   
190  Constitutional Court of the Republic of Albania (2024), Press release of 19 June 2024. 
191  Institute for Political Studies (2023), Monitoring report on the Assembly proceedings September-December 

2023.  

192  Written contribution received from Albania. 
193  In  November  2023,  the  proceedings  of  the  standing  committees  moved  online,  through  a  decision  was 
deemed  illegal  by  the  opposition  as  the  Assembly’s  Rules  of  Procedure  establish  that  parliamentary 
proceedings  can  be  held  remotely  only  during  exceptional  circumstances  defined  as  “the  state  of  war  or 
natural  disasters”.  In  December  2023,  the  Rules  of  Procedure  were  amended  to  expand  the  definition  of 
exceptional measures to “the inability to hold physical meetings” as grounds to hold virtual meetings.  

194  2023 Communication on EU Enlargement policy, Albania Report, pp. 4, 22. The appointments to the Court 
have  been  completed  with  all  nine  judges  now  in  office,  of  whom  eight  with  full  nine-year  mandate.  In 
December 2022, the Court ordered the Parliament to advance the required legislative changes to advance the 
implementation  of  out-of-country  voting  within  one  year.  The  Court  also  delivered  a  decision  on  the 
regulatory framework for the salaries of magistrates in December 2022.  

195  Court rulings with effect on legislation not yet implemented by the Parliament include: Ruling 30_22- which 
relates to a disposition of the Civil Procedure Code; Ruling 37_22- which relates to mandatory insurance in 
public  transport;  Ruling  38_22-  which  relates  to  OCV;  Ruling  39_22  which  relates  to  criminal  code 
provisions adopted during the pandemic; Rulings 01_23 and 02_23- which relate to Xhacka’s mandate. 
196  The  adoption of necessary execution measures for a  judgment by the European Court of Human Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

22 

 
 
that  the  judgments  had  been  pending  implementation  was  3  years  and  11  months197.  The 
oldest  leading  judgment,  pending  implementation  for  10  years,  concerns  the  failure  to 
implement  domestic  decisions  by  the  public  administration,  in  particular  reinstatement  in 
public service, the lack of an effective remedy in this respect, as well as the violation of the 
property rights on account of the non-enforcement of the final  court decisions198. The 2018 
ECtHR case law Sharxhi and others v. Albania was put under enhanced supervision by the 
Committee of Ministers in 2022, and Albania has yet to clarify existing remedies that have 
been put in place to address unlawful expropriation and demolition as well as to clarify the 
duration for providing compensation in cases of expropriation  199. As regards the respect of 
payment deadlines, on 31 December 2023 there were 22 cases in total awaiting confirmation 
of payments (compared to 16 in 2022)200. On 1 July 2024, the number of leading judgments 
pending implementation had increased to 30201. 

The 
legal  framework  for  the  Ombudsperson  and  the  Commissioner  against 
Discrimination  is  in  place,  but  there  are  obstacles  to  their  effective  working.  Both  the 
Ombudsperson  and  the  Commissioner  against  Discrimination  (CPD)  are  elected  by  the 
Parliament. The mandate of the current Heads of these institutions expired in 2022 and 2023, 
respectively. However, the Parliament has not yet appointed their successors, with the delays 
also creating a perception of politicisation which weakens these independent institutions  202. 
While  the  Ombudsperson’s  legal  framework  is  assessed  as  compliant  with  the  Paris 
principles,  concerns  have  been  raised  regarding  the  fact  that  its  annual  report  is  published 
only after the Parliament has debated on it, which may affect its independence.203 The largest 
number  of  complaints  received  in  2023  concerned  the  rights  of  the  child  (282  complaints, 
20%  overall)204.  The 
the 
Ombudsperson remains overall low205. The CPD has reported to enjoy a stable level of public 
trust  and  awareness  about  its  competences  but  also  insufficient  human  resources206.  The 
Courts uphold the decisions of the CPD in the vast majority of cases207.  

implementation  rate  of 

the  recommendations 

issued  by 

197  All figures are calculated by the European  Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2024.  See  the  Contribution  from  the 
European Implementation Network on Enlargement Countries for the 2024 Rule of Law Report, p. 1. 

198  Judgment  of  the  European  Court  of  Human  Rights  of  25  March  2014,  Memishaj  v.  Albania,  40430/08, 

pending implementation since 2014. 

199  2023 Screening report Albania, Cluster 1 – Fundamentals, p. 65.  
200  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 137.   

201  Data according to the online database of the Council of Europe (HUDOC). 
202  2023 Communication on EU Enlargement policy, Albania Report, p. 10. 
203  Information received in the context of the country visit to Albania and discussion in the context of the 15th 
Stabilisation and Association Agreement Justice Freedom and Security Subcommittee on March 20-21 2023. 
204  Written contribution from the Office of the Ombudsperson (People’s Advocate) in the context of the country 

visit to Albania. 

205  The implementation rate was 64% in 2022 and 65% in 2023, according to the Office of the Ombudsperson 

(People’s Advocate). 

206  Written contribution from the Office of the Commissioner for the Protection from Discrimination (CPD) of 
Albania in the context of the country visit to Albania. In 2023, 276 complaints were submitted to CPD (CPD 
2023 Annual Report, p. 33). Despite the open list of grounds set out in Law No. 10 221 on Protection from 
Discrimination  as  amended  by  Law  No.  124/2020,  most  cases  handled  by  the  CPD  concern  alleged 
discrimination on the basis of race, sexual orientation/gender identity or disability. 

207  Written  contribution  from  the  Office  of  the  Commissioner  for  the  Protection  from  Discrimination  in  the 

context of the country visit to Albania. 

23 

 
 
The  environment  for  civil  society  is  challenging,  including  in  relation  to  registration 
requirements and limited public funding for  civil society organisations. The civic space 
has  been  rated  as  “narrowed”  due  to  concerns  about  the  state  of  press  freedom  and 
restrictions to the right to peaceful assembly208. The right to free assembly and association is 
guaranteed  by  law  and  generally  observed209.  A  strategy  for  civil  society  is  in  place210, but 
shortcomings  with  implementation  and  coordination  remain211.  Registration  procedures 
remain cumbersome due to delays in the processing of the requests by courts and the partial 
functioning  of  a  National  Electronic  Register  of  Non-Profit  Organisations,  which  was 
expected to be established by the end of 2023212. The level of public funding complies with 
the  minimum  legal  requirement  but  does  not  permit  to  ensure  the  financial  viability  of 
CSOs.213  The  lack  of  possibility  of  individual  donations  or  tax  incentives  for  corporate 
donations  to  CSOs  constitutes  an  obstacle  for  access  to  funding214.  CSOs  are  subject  to 
specific  VAT  treatment  since  2023,  however  transitional  rules  are  not  effectively 
implemented  or  functional215.  Donations  from  abroad  are  allowed,  with  due  diligence 
required from the financial sector and other professions in relation to money laundering and 
prevention of terrorist financing216. Dependence of CSOs solely on foreign donors puts their 
sustainability  at  risk217.  The  National  Council  for  Civil  Society  (NCCS)  remains  weak  and 
legal changes are needed to improve its functioning, including its ability to voice priorities of 
CSOs in policy-making processes and address its major operational shortcomings218. The law 
on  voluntarism  has  been  criticised  as  it  does  not  facilitate  the  engagement  in  voluntary 
activities219. Reports of civil society indicate problems of implementation of the strategy for 
civil society, limited evidence-based policy making and low trust from civil society220. 

208  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 
and closed. Civicus (2023), Monitor tracking civic space-Albania. See also, Civicus (2023), Members of the 
Human Rights Council must protect and expand civic space, Statement of 09 October 2023. 

209 Constitution Art. 46-47. 
210  Decision  No.  539  of  25.7.2019  for  the  approval  of  the  guidelines  for  the  Government  policy  towards  an 

enabling environment for the development of civil society 2019-2023. 
211  2023 Screening report Albania, Cluster 1 – Fundamentals, pp. 17-21. 
212  2023 Screening report, Albania, p. 18. 
213 2023 Screening report, Albania, pp. 17-21. 
214 Ibidem. 
215 Information received in the context of the country visit to Albania; see also: European Civic Forum (2024), 

Civic Space Report 2024 – Western Balkans (Balkan Civil Society Development Network), p. 340. 

216  Law No. 80/2021 on Registration of Non-profit Organisations.  
217 2023 Screening report Albania, Cluster 1 – Fundamentals, p. 24.  
218 2023 Communication on EU Enlargement policy, Albania Report, pp. 18, 20; 2023 Screening report Albania, 
Cluster 1  – Fundamentals, p. 21. The NCCS is the main state-CSO structure for dialogue and cooperation 
established  by  Law  No. 119/2015  on  the  Establishment  and  Functioning  of  the  National  Council for  Civil 
Society.  It  is  an  advisory  body  to  the  Council  of  Ministers  and  provides  for  the  dialogue  and  cooperation 
among  CSOs’  representatives  and  the  Government  Institutions’  representatives.  It  is  composed  of  27 
members,  13  from  the  public  institutions,  13  from  the  civil  society  and  1  member  from  the  business 
community.  The  law  stipulates  that  the  Council  makes  recommendations  to  the  government  notably  as 
regards  the  development  of  laws  and  policies  affecting  civic  space,  participation  in  policymaking  and  the 
allocation of public funds to civil society in the country. However, it has so far failed to deliver on its broad 
mandate and its internal organisation does not allow it to exercise its prerogatives. In 2023, Albania indicated 
plans to review the legal framework in 2024 with a view to changing provisions related to its composition 
and  functioning.  See  also:  European  Civic  Forum  (2024),  Civic  Space  Report  2024  –  Western  Balkans 
(Balkan Civil Society Development Network), p. 342.  

219  Law  No.  45/2016  on  Voluntarism  is  the  main  legal  act  regulating  volunteering  in Albania.  Its  objectives 
(Article 2 of the law) include legally regulating volunteering, increasing civic engagement and participation 

24 

 
 
 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Albanian Government (2024), Input for the 2024 Enlargement Report. 

Albanian Government (2024), Input for the 2024 Rule of Law Report. 

Balkan  Insight  (2023),  Albania’s  Socialists  Move  to  Limit  Parliamentary  Investigative  Committees, 
https://balkaninsight.com/2023/12/19/albania-socialists-move-toward-limiting-and-closing-up-
parliamentary-investigative-committees/.  

Balkan 
https://albania.mom-gmr.org/en/owners/.  

Investigative  Reporting  Network 

(2023),  Media  Ownership  Monitor,  Albania, 

Centre  for  Media  Pluralism  and  Freedom  (2024),  Media  Pluralism  Monitor,  Country  report  for 
Albania.  

Centre  for  Media  Pluralism  and  Media  Freedom  (2022),  Monitoring  media  pluralism  in  the  digital 
era, Country report: Albania. 

CEPEJ (2023), Towards a better evaluation of the results of judicial reforms in the Western Balkans - 
“Dashboard  Western  Balkans”,  data  collection  2022,  https://www.coe.int/en/web/cepej/towards-a-
better-evaluation-of-the-results-of-judicial-reforms-in-the-western-balkans-dashboard-western-
balkans-.  

Civicus  (2023),  Members  of  the  Human  Rights  Council  must  protect  and  expand  civic  space, 
Statement  of  09  October  2023,  https://www.civicus.org/index.php/media-resources/news/united-
nations/geneva/6618-hrcelections2023-members-of-the-human-rights-council-must-protect-and-
expand-civic-space-3. 

Civicus (2023), Monitor tracking civic space, Albania, https://monitor.civicus.org/country/albania/.   

Commissioner for the Protection from Discrimination (CPD) of Albania (2023), Annual Report.  

Constitutional Court of the Republic of Albania, Decision No. 55/ 2016. 

Constitutional  Court  of  the  Republic  of  Albania  (2024),  Press  release  of  19  June  2024, 
https://www.gjk.gov.al/web/NJOFTIM_VENDIMMARRJEJE_3367_1-94.php.  

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court 
of Human Rights – 17th Annual Report of the Committee of Ministers – 2023. 

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  – 
Albania, https://fom.coe.int/en/pays/detail/11709474.  

Council of Europe: Venice Commission (2016), Rule of Law Checklist. 

Council  of  Europe:  Venice  Commission (2020),  Opinion  980/2020 on the  draft amendments  on  the 
Law no 97/2013 on Audiovisual Media Service. 

of individuals in social life. However, several recommendations have been made by civil society for the law 
to  effectively  promote  volunteerism.  See,  for  example:  Partners  Albania  for  Change  and  Development 
(2021), Legal Opinion on volunteering legal framework and its implementation.  

220  2023  Screening  report Albania,  Cluster  1  –  Fundamentals,  p.  21;  Information  received  from  civil  society 
organisations  in  the  context  of  the  country  visit  to  Albania;  European  Civic  Forum  (2024),  Civic  Space 
Report 2024 – Western Balkans (Balkan Civil Society Development Network), p. 343, which notes that low 
public availability of information is a challenge and CSOs perceive government decision-making as lacking 
transparency, with limited use of evidence from external sources and inconsistent inclusion of civil society 
input in policy development processes. 

25 

 
 
Council of Ministers Decision No. 495, dated 21.7.2022, “On the reorganisation of judicial districts 
and territorial powers of the courts” in reliance to Article 100 of the Constitution and Article 13(5) of 
Law no. 98/2016, “On the organisation of judicial power in the Republic of Albania”, as amended. 

Council  of  Ministers  Decision  No.  512  dated  18.09.2021,  “On  the  establishment,  organization  and 
functioning of the Agency for Media and Information”. 

Council of Ministers Decision, Decision No. 539 of 25.7.2019 for the approval of the guidelines for 
the  Government  policy  towards  an  enabling  environment for the  development  of  civil  society 2019-
2023, see: https://amshc.gov.al/wp-content/uploads/2022/01/Udherrefyesi-2019-rishikuar.pdf.   

European  Civic  Forum  (2024),  Civic  Space  Report  2024  –  Western  Balkans  (Balkan  Civil  Society 
Development  Network), 
https://civic-forum.eu/wp-content/uploads/2024/05/Civic-Space-Report-
2024_ECF.pdf.  

European Commission (2019), 2019 Communication on EU Enlargement policy, Albania Report.  

European Commission (2023), 2023 Communication on EU Enlargement policy, Albania Report. 

European Commission (2023), 2023 Screening report Albania, Cluster 1 – Fundamentals. 

European  Court  of  Human  Rights  (2008),  Judgment of  the  European  Court of Human  Rights  of  25 
March 2014, Memishaj v. Albania, 40430/08, https://hudoc.echr.coe.int/fre?i=001-141933. 

European  Implementation  Network  on  Enlargement  Countries  (2024),  Contribution  from  the 
European Implementation Network on Enlargement Countries for the 2024 Rule of Law Report. 

(2024), 

Europol 
EU’s 
https://www.europol.europa.eu/publication-events/main-reports/decoding-eus-most-threatening-
criminal-networks.  

threatening 

Decoding 

criminal 

most 

the 

networks, 

Freedom 
Transit, 
https://freedomhouse.org/country/albania/nations-transit/2024.    

Nations 

(2024), 

House 

in 

Country 

report, 

Albania, 

Global  Alliance  of  Human  Rights  Institutions  (2023), Chart  of 
institutions, Membership - GANHRI. 

the  status  of  national 

Compliance 
GRECO 
https://www.coe.int/en/web/greco/-/albania-publication-of-5th-round-compliance-report.  

Evaluation 

Albania 

(2023), 

Round, 

Fifth 

Report, 

High Judicial Council (2024), Annual Report 2023, https://klgj.al/2024/04/raporti-vjetor-klgj-2023/.  

High Judicial Council (2024), Statement of 4 March 2024, https://klgj.al/2024/03/deklarate-7/.  

High Prosecutorial Council (2024), Decision No. 69 concerning the dismissal of the Chair of 21 May 
2024, https://klp.al/wp-content/uploads/2024/06/vendim-nr-69-date-27.05.2024.pdf.  

High  Prosecutorial  Council  (2024),  Decision  No.  70  concerning  the  appointment  of  the  Chair  of  7 
June 2024, https://klp.al/wp-content/uploads/2024/06/v.nr_.70-date-07.06.2024.pdf.  

High Prosecutorial Council (2024), Statement of 28 April 2024, https://klgj.al/2024/04/deklarate-8/.  

Institute  for  Political  Studies  (2023),  Monitoring  report  on  the  Assembly  proceedings  September-
December 
https://isp.com.al/wp-content/uploads/2024/01/Bashkepunimi-rajonal-permes-
dialogut-te-perforcuar-parlamentar-Raport-monitorimi-I-2023.pdf.  

2023, 

International Monetary Fund (2023), IMF Country Report No. 24/7, Albania (Press Release and Staff 
Report), https://www.imf.org/-/media/Files/Publications/CR/2024/English/1ALBEA2024001.ashx.  

Media  Freedom  Rapid  Response  (2023),  Mapping  Media  Freedom  -  Monitoring  Report  2023, 
https://www.ecpmf.eu/wp-content/uploads/2024/03/MFRR-Monitoring-Report-FINAL.pdf.  

Ministerial  Code  of  Ethics  No.  830,  15.09.2023,  https://qbz.gov.al/preview/079d9de1-48f2-4e7d-
adf5-ecec3ac74274/cons/20220506.  

26 

 
 
approval 

Ministry of Finance (2023), Statement of the Minister of Finance and Economy of 18 October 2023 on 
the 
Budget, 
https://financa.gov.al/newsroom/miratohet-akti-normativ-per-ndryshime-ne-buxhetin-2023-deklarata-
e-ministrit-te-financave-dhe-ekonomise-ervin-mete/.  

the  Normative 

for  Changes 

2023 

Act 

the 

to 

of 

Ministry  of  Interior  (2023),  Press  release,  The  order  is  approved  for  the  self-declaration  of  Police, 
AMP  and  Guard  employees,  if  they  have  used  the  SKY  ECC/Encro  Chat  applications  (Miratohet 
urdhri për vetëdeklarimin e punonjësve të Policisë, AMP e Gardës, nëse kanë përdorur aplikacionet 
SKY  ECC/Encro  Chat),,  https://mb.gov.al/miratohet-urdhri-per-vetedeklarimin-e-punonjesve-te-
policise-amp-e-gardes-nese-kane-perdorur-aplikacionet-sky-ecc-encro-chat.  

Office  of  the  Commissioner  for  the  Protection  from  Discrimination  (2024),  Contribution  from  the 
Office of the Commissioner for the Protection from Discrimination for the 2024 Rule of Law Report. 

Office of the High Justice Inspector (2024),  Annual Report 2023, https://ild.al/sq/2024/05/10/raport-
per-punen-e-zyres-se-inspektorit-te-larte-te-drejtesise-per-periudhen-01-01-2023-31-12-2023/.  

Office of the Ombudsperson (People’s Advocate) (2024), Written contribution from the Office of the 
Ombudsperson for the 2024 Rule of Law Report. 

Partners  Albania  for  Change  and  Development  (2021),  Legal  Opinion  on  volunteering  legal 
framework  and  its  implementation,  https://resourcecentre.al/wp-content/uploads/2021/04/Opinion-
Ligjor-V_Final_2021_EN-1.pdf.  

Police Oversight Agency (2024), Written contribution from the Police Oversight Agency for the 2024 
Rule of Law Report. 

Public consultation platform of the Council of Ministers, https://konsultimipublik.gov.al/. 

Public consultation platform of the Parliament, https://konsultimi.parlament.al/.  

Reporter.al  (2024),  The  disputed  examination  of  the  Magistrate  causes  a  debate  in  the  Assembly 
(), 
(Provimi 
https://www.reporter.al/2024/04/29/provimi-i-kontestuar-i-magjistratures-shkakton-debat-ne-kuvend/.  

i  Magjistraturës 

kontestuar 

shkakton 

Kuvend) 

debat 

në 

i 

Reporters 
Borders 
without 
https://rsf.org/en/country/albania.   

(2024),  World 

Press 

Freedom 

Index, 

Albania, 

Res  Publica  (2022),  Right  to  information  2022  –  Is  it  aiming  to  go  one  step  higher?,  p.  24, 
https://www.publeaks.al/e-drejta-e-informimit-2022-a-po-synohet-te-ngrihet-nje-shkalle-me-lart/.   

Rules  of  Procedure  of 
leattualitaneldiritto.it/wp-content/uploads/2015/10/RoPs_Albanian-Assembly_English.pdf.  

the  Republic  of  Albania,  https://www.nomos-

the  Assembly  of 

Specialised Structure for Anti-Corruption and Organised Crime (SPAK) (2023), Written contribution 
from SPAK for the 2024 Rule of Law Report.  

Transparency 
https://www.transparency.org/en/cpi/2023. Reference 1. 

International 

(2024), 

Corruption 

Perceptions 

Index 

2023, 

27 

 
Annex II: Country visit to Albania 

The Commission services held hybrid meetings in March 2024 with: 

•  Administrative Court of Appeal 
•  Albanian Chamber of Advocacy 
•  Albanian Helsinki Committee 
•  Albanian Media Council 
•  Albanian Media Institute 
•  Audiovisual Media Authority (AMA) 
•  Balkan Investigative Reporting Network Albania, BIRN Albania  
•  Center for the Study of Democracy and Governance 
•  Center Science and Innovation for Development – SCiDEV 
•  Constitutional Court  
•  Court of Appeal of General Jurisdiction  
•  CSSP - Berlin Center for Integrative Mediation 
•  European Centre 
•  Faktoje.al 
•  General Prosecutor’s Office 
•  High Court 
•  High  Inspectorate  of  Declaration  and  Audit  of  Assets  and  Conflicts  of  Interest 

(HIDAACI) 

Institute for Democracy and Mediation 
Institute for Policy and Legal Studies 

•  High Judicial Council (HJC) 
•  High Justice Inspector (HJI) 
•  High Prosecutorial Council (HPC) 
• 
• 
•  Media and Information Agency  
•  Ministry of Justice 
•  Ministry of State for Public Administration and Anti-Corruption 
•  Ministry of the Interior  
•  National Bureau of Investigation (NBI) 
•  Office of State Minister and Chief Negotiator for Media Dialogue 
•  Ombudsperson/People’s Advocate 
•  Parliament, Legal Committee 
•  Parliament, Media Committee 
•  Partners Albania for Change and Development 
•  Public Service Broadcaster Radio Televizioni Shqiptar (RTSH) 
•  School of Magistrates 
•  Special Prosecution Office (SPO) 
•  Specialised Structure for Anti-Corruption and Organised Crime (SPAK) Courts 
•  State Audit Office 

28