EUROPEAN
COMMISSION

Brussels, 2.3.2020
SWD(2020) 46 final

COMMISSION STAFF WORKING DOCUMENT
Update on the Republic of Albania

EN

EN

Update on the Republic of Albania 1

1.

Introduction

In April 2018, the Commission recommended to open accession negotiations with Albania 2. In its
June 2018 Conclusions, the Council acknowledged the progress achieved and set out the path towards
opening accession negotiations in June 2019 3. The Council underlined that the assessment of progress
should be part of the Commission’s yearly report and include further tangible and sustained results, in
particular on:
- further advancing the process of re-evaluating judges and prosecutors, in particular completing all
priority dossiers, and finalising the establishment of the independent judicial structures as foreseen
by the Constitutional reform;
- finalising the establishment of specialised bodies, namely the Special Anti-Corruption and
Organised Crime Structure (SPAK) and National Bureau of Investigation (NBI) and Court;
- strengthening the track record of proactive investigations, prosecutions and final convictions in the
fight against corruption and organised crime, including at high level.
In line with the Council Conclusions, the Commission started the preparatory work, including through
the technical explanation of chapters of the acquis. ‘In light of the significant progress achieved and
the conditions set unanimously by the Council in June 2018 being met’, the Commission
recommended again in May 2019 to open accession negotiations with the country 4. In June 2019, the
Council postponed the decision to no later than October 2019 5. The European Council decided in
October to ‘revert to the issue of enlargement before the EU-Western Balkans summit in Zagreb in
May 2020’. 6 This update also takes into account specific concerns raised by Member States.
In its June 2018 Conclusions, the Council also highlighted the importance of outstanding
recommendations of the Organisation for Security and Cooperation in Europe's Office for Democratic
Institutions and Human Rights (OSCE/ODIHR), to be addressed in the context of electoral reform. In
this area, a cross party agreement reached in January 2020, with both the parliamentary and extra
parliamentary opposition, established a framework to negotiate electoral reform by 15 March 2020.
Albania has maintained its efforts to tackle unfounded asylum applications lodged by Albanian
citizens to EU Member States and Schengen-associated countries. Comparing available data for 2019
(up until November 2019 included), with the same period of 2017, the flow is around 17% lower
overall. This issue has required and will continue to require substantial efforts by Albanian authorities.
In addition to information campaigns on the rights and obligations of the visa-free regime, thorough
border checks, refusal of departure for citizens with insufficient means and actions on the push factors,
Albanian authorities have strengthened dialogue and cooperation with the most affected countries. In
this regard, three Albanian police liaison officers have been deployed to the EU to expedite
repatriation to Albania, and a liaison officer from the EU is located in Tirana to assist on exit checks.
Since a substantial peak of asylum applications in the EU Member State that was most affected
in 2017, Albanian efforts have resulted in a decrease of asylum applications by 26.6 % from 2017
to 2019, with 7,633 applications in 2017, compared to 5,599 in 2019. 7
Albania's good cooperation and dialogue with the most affected EU Member States to effectively
address the issue of unfounded asylum applications should be continued. The Commission is
monitoring very closely the trend in the framework of the Post-Visa Liberalisation Monitoring
Mechanism.

1 This update covers the period from the Council Conclusions of June 2018 to date, building upon the key findings of the

2019 enlargement package.
2 COM(2018) 450 final.
3 https://www.consilium.europa.eu/media/35863/st10555-en18.pdf
4 COM(2019) 260 final.
5 https://www.consilium.europa.eu/en/press/press-releases/2019/06/18/council-conclusions-on-enlargement-and-stabilisationand-association-process/
6 https://www.consilium.europa.eu/media/41123/17-18-euco-final-conclusions-en.pdf
7 Figures excluding accompanied minors and Albanian citizens under examination in “Dublin procedures”.

Albania has continued its good cooperation on readmission of own nationals, swiftly honouring
readmission requests from EU Member States. Albania has engaged in good cooperation with the
European Border and Coast Guard Agency (EBCGA) on return operations from EU Member
States to Albania. Between 2018 and early 2020, EU Member States organised in cooperation with
EBCGA 789 return operations flights to Albania, concerning 6,742 Albanian nationals. In addition to
returns organised with the support of EBCGA, 4,633 Albanian nationals were returned to Albania
from the Member State most affected by scheduled flights in 2018 and 3,671 up to mid-October 2019
in the framework of the Asylum, Migration and Integration Fund (AMIF).
As for the rest of the Western Balkans, fluctuations in the return rates over the past years are not the
result of changes in the cooperation, which remains good as reported by EU Member States, but can
be rather attributed to the processing of backlog cases.
Albania is the first country in the region where a European Border and Coast Guard (EBCG) Status
Agreement with the EU has entered into force. The deployment of joint EBCG teams to Albania's
border with Greece as of May 2019 has shown good results in addressing irregular migration and
security challenges.
As regards property rights, Albania is taking into account the October 2019 Venice Commission
opinion8 issued at the request of the Albanian Parliament and is revising the draft Law on the
Finalisation of Transitional Ownership Processes, in consultation with international partners. The new
draft is expected to be finalised in the first quarter of 2020. Efforts need to continue to advance the
process for registration and compensation. Albania needs to swiftly adopt the remaining implementing
legislation related to the 2017 framework Law on the Protection of National Minorities. The
Commission is closely monitoring this matter and will continue to do so in the future. The
Commission is also closely monitoring the developments regarding the media law, where the Venice
Commission is expected to issue an opinion in March.
In relation to the Common Foreign and Security Policy, Albania has sustained its policy to align 100%
with EU declarations and decisions.

2.

Update on the implementation of reforms

Albania delivered concrete results in the continued implementation of the EU-related reforms. As
regards specifically the areas identified in the Council Conclusions, progress has occurred as follows:

- Further advancing the process of re-evaluating judges and prosecutors, in particular
completing all priority dossiers
Albanian authorities continue to implement a comprehensive justice reform. The vetting institutions Independent Qualification Commission (IQC), the Public Commissioners (PC) and the Appeal
Chamber (AC) - are working under the oversight of the International Monitoring Operation (IMO),
deployed by the European Commission in cooperation with the United States of America. To date, the
vetting institutions have completed 234 vetting cases at IQC level, including all priority dossiers, out
of the total 811 magistrates that have to undergo vetting, There have been 94 dismissals, mostly for
issues related to unjustified assets; 90 confirmations in office; 49 decisions on termination of the
vetting proceedings, out of which 33 due to resignation and 16 due to other reasons; one decision to
suspend the assessee with obligation to attend training. Out of these 234 decisions, 145 are already
final (i.e. all appeals are exhausted). Investigations have formally been initiated regarding 477
assessees by the first instance vetting body, the IQC. Overall, so far 60% of the vetted magistrates
were either dismissed or they resigned. The process continues to be implemented thoroughly.

8 https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2019)023-e

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As a result of the rigorous vetting and dismissal rate, several vacancies appeared across Albania's
judiciary. Albanian authorities are implementing a re-distribution plan as a matter of priority with the
High Judicial Council for judges and prosecutors to fill the gaps in the busiest courts and prosecution
offices. Furthermore, the School of Magistrates intends to recruit in the judiciary at least 75 new
magistrates who will complete their three-year programme in 2020.
- Finalising the establishment of the independent judicial structures as foreseen by the
constitutional reform
Albania has established new institutions for the self-governance of the judiciary, that is the new
separate High Judicial Council (HJC) and High Prosecutorial Council (HPC), as well as a Justice
Appointment Council (JAC). The new High Justice Inspector has also been appointed. These new
bodies foreseen in the 2016 constitutional reform are fully functional and have been operating
effectively throughout 2019, fulfilling their constitutional and legal tasks, by guaranteeing the
independent governing of the judiciary, which represents a crucial step in the implementation of
justice reform.
Amongst their various responsibilities, the newly established institutions are also managing the
processes to fill vacancies at the High Court and the Constitutional Court. Specifically, the newly
established HJC is responsible for the selection of judges for the High Court. As a result of vetting,
term expiry or resignation, currently there is one judge in office out of 19 judges at the High Court. In
July 2019, the HJC took the decision to temporarily appoint judges to the High Court for the
adjudication of the most urgent cases related to the extradition of convicted persons, in line with
obligations deriving from international conventions. In the second half of 2019, the HJC started
procedures for the selection of non-magistrate candidates for four High Court vacancies. Candidates
are undergoing verification. Ranking is being finalised. The process is expected to be completed by
the end of March 2020 for the non-magistrate candidates, thus allowing one of the chambers of the
Court to be functional. The other magistrate candidates are in the process of being promoted from
within the court system in the first quarter of 2020.
Albania is making progress to reconstitute the Constitutional Court following the vetting of its
members and has appointed several new members. This will create the basis for the Constitutional
Court to regain functionality and increase public trust. In December 2019, the Court possessed one
judge in office out of nine as a result of the vetting. The Court now has four members. There is a
dispute about one of the latest judges nominated, due to a differing interpretation of the appointment
procedure by the President of the Republic. The Venice Commission will issue an opinion on the
matter in March 2020. With the current four members, the Court has the minimum quorum of three
judges to adjudicate on the admissibility of cases. The Court needs six members sitting in plenary to
be fully functional and be able also to hold hearings. The JAC is finalising its assessment of candidates
for two vacant posts, one of which had been reopened to substitute a judge previously appointed by the
President of the Republic who eventually did not pass the vetting process. The completion of
appointments at the Constitutional Court will proceed once the High Court, which is the third
appointing authority other than the Assembly and the President of the Republic, reaches a minimum
quorum of nine judges.

- Finalising the establishment of specialised bodies, namely the Special Anti-Corruption
and Organised Crime Structure (SPAK) and National Bureau of Investigation (NBI)
and Court
The main steps for the establishment of the SPAK were finalised in early 2019. The vetting
institutions then started to examine the profiles of the 15 prosecutors shortlisted to become members
of the Special Prosecution Office (SPO) within SPAK. Upon completion of the vetting process of
eight of those prosecutors, on 19 December, the President of the Republic held a swearing-in
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ceremony, thus formally starting the beginning of operations of the SPO. A ninth prosecutor was
sworn in during January 2020. All the administrative preparations have been completed and the SPO
has started to operate. The head of the SPO was also appointed. The latter is responsible to appoint the
Director of the NBI. The call for applications to this post was published and 40 applications were
received. The HPC selected 18 candidates and subsequently drew a short list of eight candidates who
are now undergoing the final steps of the selection process. The EU has appointed two criminal justice
experts to NBI. In December 2019, the HJC also completed the transfer of 16 judges to the first and
second instance special anti-corruption and organised crime courts that mirror the jurisdiction of the
SPO.
- Strengthening the track record of proactive investigations, prosecutions and final
convictions in the fight against corruption, including at high level 9
Albanian authorities strengthened operational, coordination and monitoring capacities in the fight
against corruption, including through the work of the Anti-Corruption Task Force, the creation of a
specific Anti-corruption Directorate in the Ministry of Justice and of a network of anti-corruption
coordinators in 16 agencies in autumn 2019.
Concrete results in the fight against corruption include results of the vetting process, which has led to
the dismissal from office of a number of high-ranking magistrates, including at Constitutional Court
and High Court level. Moreover, in September 2019, a former Minister of Interior was found guilty of
abuse of office by the the Serious Crimes Court of Appeals and placed for three years and four months
on probation as well as banned from running for public office for three years.
In September 2019, three judges of the Durres Court of Appeals were found guilty of passive
corruption and sentenced to seven years in prison. In June 2019, a High Court Judge was sentenced to
nine months in prison for falsification of documents. In February 2019, 12 officials and former
officials of the Ministry of Justice, including a former Secretary General of the Ministry - were
arrested for suspected abuse of office and violation of equality in tenders during the period 2016-2017.
In February 2019, the Appeal Court of Serious Crimes confirmed the sentencing of an Appeal Court
judge sentenced at first instance in 2018.
The overall number of referrals of corruption cases to the prosecution has slightly increased to 2,257
in 2019, compared with 2,126 in 2018. The overall number of corruption cases sent to Court in 2019
increased to 643, compared with 513 in 2018. In 2019, 90 new cases were prosecuted against highlevel state officials with five persons indicted, in addition to new 102 cases in 2018 with seven persons
indicted. No final convictions were rendered.
In 2019, there were 246 final convictions involving lower or middle-ranking officials in addition to
289 final convictions in 2018. In 2019, there were two final convictions for passive corruption of
judges, prosecutors and other officials of the judiciary.
In 2019, there were 262 first-instance convictions involving lower or middle-ranking officials in
addition to 294 first-instance convictions in 2018.
Since its establishment in 2018, the Anti-corruption Task Force (ATF) recommended 118 dismissals
and 38 criminal referrals. The Service for Internal Affairs and Complaints (SIA) within the Ministry of
Interior, has referred 250 cases for prosecution involving 474 officials in 2019 and 201 cases involving
265 officials in 2018. As regards asset declarations by high-level state officials, the High Inspectorate
of Declaration and Audit of Assets and Conflicts of Interest (HIDAACI) has referred seven cases to
the prosecution in 2019, in addition to 27 cases in 2018.

9 Information on prosecutions, indictments, cases and verdicts is from open sources and states if proceedings are ongoing or
final. The figures are based on the input provided by the national authorities.

4

In the framework of the electoral reform, the Central Election Commission issued three important
legal acts were in 2019, addressing long-standing recommendations made by OSCE/ODIHR regarding
party financing, for the prevention of corruption.
Further efforts towards establishing a solid track record in the fight against corruption have been
made, although it remains a long-term objective that continues to require further structured and
consistent efforts. While the number of ongoing investigations remains high, to date, final convictions
in cases involving high-level officials remain limited.
- Strengthening the track record of proactive investigations, prosecutions and final
convictions in the fight against organised crime
Further tangible results were achieved in the fight against organised crime. Police cooperation with
EU Member States and Europol further intensified, leading to successful large-scale law enforcement
operations and the arrest of notorious members of organised criminal groups. A number of important
indictments and convictions also took place, involving major organised criminal groups’ leaders:
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In February 2020, in the framework of the anti-mafia law, SPAK seized the assets of an Albanian
national, convicted in Italy for drug trafficking and organised crime.
In February 2020, the Albanian authorities participated in two successful operations with law
enforcement agencies in Italy in the fight against international drug trafficking. These operations
were conducted also in coordination with agencies from other EU Member States, including the
Netherlands. More than 40 persons, including six Albanian nationals, were arrested, accused of
belonging to criminal groups active in smuggling cocaine across Europe. In total more than 350 kg
of cocaine were seized, together with 5 kg of heroin and 400 kg of marijuana. In another single
operation in February, Albania provided support to Italian law enforcement agencies which led to
450 kg of marijuana, 75 kg of hashish and 3.5 liters of hash oil being seized; in a separate
operation, Albania provided support to the Italian Guardia di Finanza, resulting in the seizure of
1.128 kg of cocaine.
In January 2020, the Albanian authorities participated in an operation with law enforcement
authorities in Greece. 1.18 tons of cocaine originated in South America, as well as large sum of
cash and weapons were seized. Several Albanian nationals were arrested.
In November 2019, the Albanian authorities concluded a major operation to seize assets worth €12
million of a suspected drug trafficker.
In October 2019, the Serious Crimes Court of Appeals upheld the first-instance court ruling
sentencing the head of a transnational drug trafficking criminal group to 15 years in prison
(reduced to ten years through abbreviated proceedings) for establishing a structured criminal
group, trafficking narcotics, failing to declare assets, and laundering money.
In October 2019, Albanian authorities participated to an operation with law enforcement
authorities in the United Kingdom. Five kg of cocaine and a large sum of cash were seized. An
Albanian national accused of being a member of a narco-trafficking network involved in
trafficking cocaine and heroin was arrested.
In September 2019, Albanian law enforcement authorities and serious crimes prosecutors finalised
a 3-year operation with Greek authorities as well as other EU Member States. The operation led to
the dismantling of four criminal groups involved in drug trafficking. The groups reportedly
secured seeds in the Netherlands and brought them to Albania for cultivation. The groups were
also involved in trafficking of human beings.
In September 2019, Albanian law enforcement authorities seized 137 kg of cocaine in the Port of
Durres, hidden in containers from Ecuador. The operation was carried out in cooperation with the
Greek and US authorities. Two members of the port’s security staff were arrested.
In September 2019, Albanian law enforcement authorities participated with Greek law
enforcement authorities in another large joint anti-narcotic operation. 56 individuals were arrested.
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In August 2019, Albanian law enforcement authorities conducted an important police operation
around Kruja. 19 individuals were arrested for drug cultivation.
In June 2019, Albanian law enforcement authorities participated in a police operation coordinated
by Europol and involving various EU Member States. 31 individuals accused of belonging to a
large criminal organisation were arrested. Drugs, weapons and assets were seized in Albania and
in the EU. More specifically, in Albania the operation led to the arrest of the suspected head of the
criminal group, as well as to the seizure of €200,000, vehicles and a business investment estimated
at €1 million.

As regards the overall track record in the fight against organised crime, the number of new cases
related to criminal organisations and structured criminal groups referred to prosecution increased from
34 in 2017 to 53 in 2018. In 2019, there were 50% more referrals, with 79 cases. 13 indictments for
organised crime were issued in 2019, in comparison to five in 2018 and seven in 2017. Eight persons
were convicted at final instance in 2017, and eight in 2018. In addition, 18 persons were convicted at
appeal level in 2017, 20 in 2018 (including in a case related to the Lazarat operation), one in 2019, in
addition to five convictions at first instance level in 2017 and nine convictions at first instance level in
2019. All of them are related to drug trafficking.
As regards the number of serious crimes, in 2018, 22 new cases on trafficking in human beings
were referred to the prosecution, 257 on money laundering and 1,524 on drugs production and
trafficking. In 2019, the trend was similar, with respectively 25, 232 and 1,548 cases. Out of the total
referrals on trafficking in human beings, money laundering, and drugs trafficking, 551 cases resulted
in indictments in 2018, and 507 in 2019. As for final convictions, there were three for trafficking in
human beings in 2018 and five in 2019. On money laundering, there were 10 final convictions in 2018
and eight in 2019. In 2018, 685 offenders received final conviction for drug production and trafficking
and 290 in 2019. On criminal assets and property seized and confiscated under the anti-mafia law,
Albania reported an estimated amount of about €20 million seized in 2019, against about €7 million in
2018. An estimated €870,000 were confiscated in 2019, compared to about €26,600 in 2018, thus
showing, for both seizures and confiscation, an increasing trend.
On the fight against money laundering, the Albanian Parliament adopted a ‘Moneyval package’ in
July 2019 aimed at addressing the recommendations issued by Moneyval in their report on Albania
published in December 2018. On 21 February 2020, the Financial Action Task Force however listed
Albania for enhanced monitoring and proposed an action plan focussing on some outstanding
recommendations. Albania provided its high-level political commitment to work with the FATF to
address that action plan. With a view to a swift implementation of this action plan, Albania should
make full use of the support provided by the European Commission to reinforce the capacity for
combating money laundering and terrorist financing.
On drug cultivation and trafficking, in the summer 2019, the Albanian authorities have further
consolidated their fight against cannabis cultivation and trafficking. Albania is the only country in
the region that has allowed a very intrusive monitoring mechanism by a third country since 2013
(aerial surveys for detection and monitoring of cannabis plantations in Albania by the Italian Guardia
di Finanza, co-financed by the EU). The 2019 preliminary results of the Italian-led airborne remote
sensing campaign show an increase of both identified cannabis plantations and narcotic plants
eradicated and destroyed. This trend could be attributed also to an evolution of the modus operandi in
the cultivation by the criminal organisations (very fragmented cannabis sites and of small-scale, often
hidden by dense vegetation or in predominantly mountainous areas). The Albanian Police has
promptly and strongly responded to this new modus operandi by undertaking several important
measures, such as increased on the ground checks, helicopter and drone monitoring of suspicious
areas, and inspection of greenhouses and warehouses.
As a result, 90.175 plants were destroyed in 2019 compared to 35.985 in 2018. The number remains at
a negligible level compared with 2016, when 753.468 plants were destroyed, representing a decrease
of 88%. In addition to plants, which were destroyed following police operation procedures, police also
6

destroyed several thousands of cannabis samplings, thus preventing further cultivations. For instance,
in July 2019, the police destroyed about 4,000 cannabis samplings in three different operations.
On hard drugs (cocaine and heroin), Albania carried out large scale law enforcement police
operations, including in cooperation with police authorities of neighbouring countries. Overall,
cocaine seizures decreased from almost 630.5 kg in 2018 (out of which 613.4 kg of cocaine detected in
Durres in a ship coming from Colombia) to 145 kg in 2019 (out of which 137 kg of cocaine in a single
operation at the Port of Durres). In January 2020, in cooperation with Greek authorities, 1.18 tons of
cocaine originating from the Caribbean and destined to countries in Europe and northwest Africa were
seized in Greece. Heroin seizures increased from almost 24 kg in 2018 to 38 kg 2019 (about 58%
more), thanks inter alia to more thorough police inspections and increased international cooperation.
The Albanian State Police was actively involved in the proactive investigation into the drug trafficking
criminal gang and contributed to identifying the members of the drug ring.
Increased cooperation with EU Member States law enforcement authorities brought tangible results.
The creation of joint investigation teams, notably with Italy, has contributed to identifying and
prosecuting criminal organisations at the core of the trafficking of narcotic substances, including those
carried out by sea. The Albanian authorities assisted the Italian Guardia di Finanza and the Italian
Coast Guard in the seizure of speedboats with cannabis originating from Albania and directed towards
Italy. In November, the Italian Guardia di Finanza dismantled a drug trafficking gang that was
responsible for having shipped over five tonnes of cannabis from Albania to Italy during a two-year
period. Eight speedboats with cannabis were seized during this period and 20 individuals were arrested
– most of whom of Albanian nationality – as suspected of being part of this gang.
Results so far achieved are encouraging and demonstrate the strong commitment of the Albanian
authorities to counter the production and trafficking of drugs.
In June 2019, Europol deployed to Tirana its first Liaison Officer to Western Balkans countries and in
July officially opened its Liaison office to Albania, working in close cooperation with Member States'
liaison officers. The officer has helped to further strengthen existing cooperation between Albania and
EU Member States’ police forces in the fight against organised crime, including drug trafficking. The
number and the quality of the messages exchanged with Albania through the Europol's secure
information exchange network application has significantly improved since the end of 2019.
On 1 November 2019, the Eurojust - Albania Cooperation Agreement entered into force after the
Albanian authorities successfully completed their work to allow for the enforcement of personal data
protection provisions contained in the Agreement. The Agreement will further facilitate judicial
cooperation between EU and Albanian practitioners and therefore increase the fight against
transnational organised crime. Within this framework, a liaison prosecutor of Albania to Eurojust is in
the process of being appointed.
On 31 January 2020, the Albanian government has adopted a special law introducing preventive
measures to step up its fight against organised crime and terrorism, focusing in particular on seizure
and confiscation of criminal assets. This law provides a set of important new investigative tools put at
disposal of the newly-formed SPO, and provides for amendments to the anti-mafia law, Albanian State
Police law, the law on the administration of seized assets and the criminal code. Already in February
2020, the newly created structure under the State Police, the Power of Law Operation unit has
undertaken the first seizures of criminal assets belonging to a number of suspected organised crime
figures. It has also reported 17 cases related to organised crime. The SPO has accepted 12 of those
cases so far, is verifying two and has returned to the district court level two others. The Commission
will monitor closely the implementation of the legislative package.
The vetting of the police law enforcement authorities has begun for the first 45 top-level officials out
of 300. The evaluation is based on personal integrity, professional capacity and verification of
officers’ assets. Thus far, 14 officials have been vetted, two have been dismissed from office and two
have resigned.

7

Further efforts towards establishing a solid track record in the fight against organised crime have been
made, although it remains a long-term objective that continues to require additional structured and
consistent efforts.

3.

Conclusion

In light of the significant progress achieved and the conditions set unanimously by the Council in June
2018 having been met, the Commission recommended in its 2019 enlargement package that the
Council open accession negotiations with Albania. Overall, Albania has increased its efforts and
delivered further tangible and sustainable results in the key areas identified in the Council Conclusions
of June 2018. Consequently, the bases of the Commission's 2019 recommendation to open accession
negotiations with Albania remain valid.

8