Brussels has officially confirmed the approval of the draft common position of the European Union on Albania, based on the IBAR report, in the COELA working group, without any objections from EU member states. The document is considered an important step in Albania's negotiation process, but also one of the most critical reports in recent years on the way the Albanian state functions.
Although the report recognizes the technical progress made by Albania in the framework of justice reform and the work of SPAK, the European Union issues a strong alarm about the systemic corruption that, according to the document, continues to dominate the public administration and economic life of the country.
The report clearly states that corruption “remains widespread in most areas of public and economic life,” including “all branches of central and local government.” For Brussels, this remains one of the most serious concerns for Albania on its path to European integration.
The European Union identifies the following as the most problematic sectors:
Cadastre and property issues;
Taxation and fiscal administration;
Customs;
Public infrastructure;
Public procurement;
PPP contracts;
Health;
Education.
“The EU underlines that corruption remains widespread in most areas of public and business life, including all branches of central and local government and institutions and remains an area of fundamental concern. The EU underlines that Albania needs to make further significant progress towards preventing and addressing the widespread and generalised nature of corruption. The EU notes Albania’s progress in amending and further complementing its legal and institutional framework in the fight against corruption. The EU underlines that these measures now need to be implemented with determination and have an impact in particular on the sectors most vulnerable to corruption, above all public infrastructure, cadastre and property rights, customs, tax administration, education, health, public procurement and Public Private Partnership contracts,” the report states.
Chapter 23: Judiciary and Fundamental Rights (Albanian translation)
The European Union stresses that Albania's legal and institutional framework has a high level of approximation with the EU acquis and relevant European standards for the functioning of the judiciary. The EU invites Albania to consolidate the implementation of reforms through the revised Justice Strategy 2024-2030, enabling increased inter-institutional cooperation, regular monitoring and improved data collection and analysis.
The EU notes Albania's progress in the independence and impartiality of the judicial and prosecutorial system. The European Union acknowledges the achievements so far and the plans to continue developing the capacities, independence and efficiency of the self-governing bodies of justice, as well as consolidating progress through merit-based appointments and career advancement, increasing transparency in promotions and rigorous implementation of periodic integrity checks throughout the careers of magistrates.
The EU also notes Albania's steps in upholding the high standards set by the vetting process and stresses the need for these standards to be protected and maintained in a sustainable manner. The EU also calls on Albania to ensure that the rules on the random allocation of cases are effectively implemented in practice, although further efforts are needed to fully automate this process.
The EU regrets and calls on Albania to effectively address the increased and worrying attempts by public officials or politicians, including at high levels, to exert undue influence on justice institutions, including the Special Structure Against Corruption and Organised Crime (SPAK), as well as personal attacks on judges and prosecutors. It also calls for the strengthening of the resilience of justice institutions to internal and external interference, including a strong response by the Supreme Court of Justice and the Supreme Court of Justice to attacks by representatives of the executive and legislative branches.
The EU strongly underlines the need for the executive and legislative branches in Albania to fully respect the independence of the judiciary and to implement as a priority the binding decisions of the Constitutional Court, noting previous cases of incomplete or delayed implementation of these decisions by the government and the Assembly.
The EU also stresses that legislation and practices on the lifting of immunity should be guided by European standards, in particular those set out by the opinions and recommendations of the Venice Commission.
The European Union underlines the importance of Albania guaranteeing the highest standards of integrity, transparency and meritocracy in the appointment of all members of self-regulatory bodies and other key justice and prosecution institutions.
The EU notes that Albania has a legal and institutional framework that guarantees a strong system of accountability in justice. The European Union welcomes the completion of the vetting process at first instance and the plan for the orderly completion of the appeal phase within the constitutional deadlines, under the supervision of the International Monitoring Operation.
The EU stresses the need for Albania to continue criminal proceedings against judges and prosecutors accused of criminal conduct during the vetting process and the vital importance of implementing in practice the high standards set by the vetting.
The EU also notes the initial steps to strengthen the judicial oversight institutions, such as the High Inspector of Justice, the Supreme Court of Justice and the Supreme Judicial Council, but stresses that further efforts are needed to strengthen the capacities of the High Inspector of Justice and increase transparency in lateral transfers, avoiding their use for promotions.
The EU notes Albania's efforts to establish the foundations of a quality and efficient judicial system. However, these efforts need to continue to ensure sufficient human and financial resources for justice to function fully, efficiently and independently.
The European Union requires reducing the backlog of cases, improving the technological tools of the courts, creating an integrated system for managing judicial cases in a timely manner, and guaranteeing data protection from unauthorized access.
The EU stresses the urgent need to fill vacancies in the judicial system and improve the infrastructure of courts and prosecutors' offices.
War against corruption
The EU notes that Albania's legal and institutional framework against corruption is partially aligned with the EU acquis.
The European Union welcomes the concrete progress in investigating, prosecuting and convicting corruption cases, including against high-ranking officials. The EU also appreciates the results of the SPAK and the special courts in high-level corruption cases.
However, the EU underlines that corruption remains widespread in most areas of public and economic life, including all branches of central and local government, and continues to be a fundamental concern.
The EU stresses that Albania needs to make much greater progress in preventing and combating the general and widespread nature of corruption.
The European Union identifies sectors with high corruption risk:
public infrastructure;
cadastre and property rights;
customs;
tax administration;
education;
health;
public procurement;
PPP contracts.
The EU demands that anti-corruption measures be implemented with determination and deliver concrete results in these sectors.
The EU also calls for the finalization of the reform of political party financing and sponsorships, with the aim of increasing transparency.
The European Union notes the efforts to strengthen the capacities of anti-corruption institutions and consolidate SPAK, but emphasizes that these capacities need to be further increased.
The EU welcomes progress in establishing a track record of investigations and convictions for corruption, but calls for the strengthening of the fight against corruption at high levels, including the final confiscation of assets and increased referrals to SPAK from state institutions, including the State Police.
The EU regrets some previous decisions of the Albanian Parliament and comments by public officials regarding investigations against former officials and MPs.
The European Union stresses the importance of Albania intensifying the fight against high-level corruption and respecting the principle of equality before the law, while SPAK and the judiciary must continue to work independently, professionally and without interference.
