Raporti i plotë Komisionit Evropian për Shqipërinë, në anglisht
Conclusions on Albania(extract from the Communication from the Commission
to the European Parliament and the Council "Enlargement Strategy and Main
Challenges 2012-2013", COM(2012)600 final)
The political agreement of
November 2011 between ruling majority and opposition marked the end of the political
stalemate stemming from the 2009 parliamentary elections. This agreement set out to
address electoral and parliamentary reform and to create the political climate for
joint reform efforts in other areas. As a result, political dialogue and cooperation
has improved considerably allowing for progress in core reform areas including electoral
reform. The presidential elections were conducted in line with the Constitution, but
the political process surrounding them did not build on the positive cross-party dialogue
launched in November. Despite some confrontational rhetoric between the government
and the opposition, the political agreement continued to be implemented. Overall,
Albania has made good progress towards fulfilling the political criteria for membership
of the EU and delivering a number of reforms against the key priorities of the Commission’s
2010 Opinion(1). Good progress was achieved in key political reform areas such as
the proper functioning of parliament, the adoption of pending laws requiring a reinforced
majority, the appointment of the Ombudsman and the hearing and voting process in Parliament
for high court appointments, as well as the modification of the legislative framework
for elections, leading to the fulfilment of the four key priorities concerned. Albania
is well on its way towards meeting the two key priorities regarding public administration
reform and improving the treatment of detainees. As regards the other six key
priorities, there was moderate progress regarding the reform of the judiciary and
the fight against corruption, with for example reform of the immunity system of public
officials and judges and adoption of the law on administrative courts, and uneven
progress on anti-discrimination policies including the protection of minorities and
improving the living conditions of the Roma community. Progress concerning the fight
against organised crime, as well as on property reform and women’s rights, included
some significant steps, notably an increase of seizures of criminal assets, the adoption
of a comprehensive strategy on property reform, and amendments to the criminal code
strengthening sanctions for domestic violence. In all the areas covered by the
key priorities not fully met significant additional efforts will be needed to ensure
sustainable implementation of commitments already undertaken and further tangible
results, notably in the context of implementation. In order to keep the current reform
momentum and consolidate its achievements to date, Albania would need in particular
to focus on consensually adopting the revised rules of procedure for parliament and
the amendments to the Laws on the High Court and on Civil Service. Ensuring sustainability
of the political dialogue is essential for the functioning of democratic institutions
and for Albania’s EU path. As regards democracy and rule of law, improved political
dialogue in parliament and a more constructive atmosphere during committee and plenary
meetings allowed for good progress in a number of areas, despite some short periods
of confrontational political rhetoric and temporary slowdown of reforms. The functioning
of parliament and political dialogue has considerably improved as a result of the
November 2011 political agreement. This allowed significant progress to be made through
adoption of all pending laws requiring reinforced majority, the appointment of an
Ombudsman by consensus, the conduct of a hearing and voting process for the presidential
nomination of a judge to the High Court, and adoption of amendments to the electoral
code (covering four key priorities of the Opinion). It is now essential that revised
parliamentary rules of procedure are adopted. On 11 June 2012, a new president was
elected in the fourth round of the election with the votes of the ruling majority
only. Although in line with the Constitution, the presidential election did not meet
all expectations for inclusiveness and put a strain on the consolidation of political
dialogue and cooperation. This contributed to a temporary slowdown in reform efforts
in core areas requiring political consensus, which was overcome shortly thereafter.
There has been some progress with regard to the work of government. This includes
good progress on coordinating the EU integration process through the revision of the
action plan to address the Opinion’s key priorities, which was conducted in a transparent
and participatory manner. Good cooperation between the opposition chair of the Parliamentary
Committee on European Integration and the Minister of European Integration on the
country’s EU reform challenges continued, including joint participation at the May
2012 EU-Albania SA Council. Legislative drafting capacity and the planning process
for aligning legislation with the acquis need to be further improved, notably through
the effective implementation of the Council of Ministers decision on the NPISAA(2).
As regards local government, the decentralisation of state responsibilities has not
been matched by appropriate transfers in administrative and financial resources from
central to local level. The existence of two separate local government associations
is not conducive to improving the institutional relations between central and local
government in view of a successful and transparent decentralisation process. There
has been progress in public administration reform, a key priority of the Opinion,
mainly through the adoption of the Laws on Administrative Courts and on the Organisation
and Functioning of Public Administration as well as through the appointment of the
Ombudsman. It is now essential to adopt the amendments to the Civil Service Law. Implementation
of adopted legislation and administrative acts needs to be strengthened. The legislative
and institutional framework for the public administration is still marked by deficiencies
that need to be addressed with a view to strengthening professionalism, de-politicisation,
meritocracy, transparency and accountability. As regards the judiciary, moderate
progress has been made in completing judicial reform, which is a key priority of the
Opinion. The judicial reform strategy and the relevant action plan of March 2012 started
to be implemented. The Law on Administrative Courts and the Law on the National Judicial
Conference have been adopted. The new private bailiff system is operational. However,
important legislation to strengthen the accountability, the independence and the efficiency
of the judiciary still awaits finalisation, adoption and implementation. In this respect,
it is now essential that amendments to the Law on the High Court are adopted. Court
organisation, transparency and case backlogs, as well as the status of the judicial
administration, continue to raise concern for the efficiency of the judiciary, as
does budget allocation. The proceedings to shed light on the events of the 21 January
2011 need to be completed through a credible judicial process. Good progress is reported
in the fight against corruption in the judiciary, through the limitation of the immunity
of judges. Albania needs to further accelerate the implementation of the judicial
reform strategy in order to ensure the independence, efficiency and accountability
of its judicial institutions. Moderate progress was made in the field of anti-corruption
policy, which is a key priority of the Opinion, notably through the limitation of
constitutional immunity of high-level public officials and judges. Some efforts were
made to improve inter-institutional cooperation, exchange of information and the prosecution
of generally low and medium-level cases. However, the absence of a proactive approach
and lack of resources and equipment continue to obstruct effective investigations.
There is no adequate track record of investigations, prosecution and convictions at
all levels. Corruption is prevalent in many areas and continues to be a particularly
serious problem. There has been some progress as regards the fight against organised
crime, which is a key priority of the Opinion. Progress is to be noted in particular
with regard to the increase of seizures of criminal assets, on inter-institutional
cooperation in investigation of financial crime, on money laundering, and in the fight
against trafficking in human beings. Cooperation with EU member states is advancing
well, and a secure communication link has been set up to facilitate exchange of information
with Europol. Threat assessment and proactive investigations should be promoted in
order to further develop a track record of investigations, prosecutions and convictions
at all levels. Organised crime remains a major challenge in Albania. There has
been moderate progress in the field of human rights and the protection of minorities.
There has been progress towards meeting the key priority that calls for improving
the treatment of detainees, strengthening the judicial follow-up of cases of ill-treatment
and application of the Ombudsman’s recommendations. Measures have been taken to improve
conditions of detention and strengthen cooperation with the Ombudsman. Some cases
of ill-treatment are still reported and police do not systematically follow proper
procedures for arrest and custody. Living standards in prisons still vary. There are
plans for establishing a special medical institution for mentally ill detainees, but
the need for additional specialised care and improving treatment remains. Delays in
court proceedings and the as yet insufficient resources of the Probation Service continue
to lead to over-use of pre-trial detention. Progress towards meeting the key priority
that calls for reinforcing the protection of human rights, notably for women, children
and Roma and effective implementation of anti-discrimination policies has been uneven.
Amendments to the Criminal Code on domestic violence are a positive step. Implementation
of policies for child protection needs to be strengthened. There is a need to adopt
legislative measures for persons with disabilities and to review legislation in view
of addressing potentially discriminatory provisions against LGBT persons. The Commissioner
for Protection from Discrimination has worked on raising awareness but additional
efforts are needed to establish a track record of cases brought to final completion.
There is still discrimination against certain vulnerable groups, such as LGBT persons
and Roma. Inter-ethnic relations remain good but no measures have been taken to address
weaknesses in the overall legislative and institutional framework in the field of
minorities. Implementation of policy tools for Roma inclusion and access of this community
to social protection and services are still insufficient, leading to marginalisation.
Policies in the field of human rights are largely supported by civil society and donors.
It is important for Albania to prioritise policies in these areas in order to ensure
sustainability. Some progress was achieved in the area of property rights, notably
through the adoption of a new law on the registration of immovable property and of
a cross-cutting strategy and action plan for reform in the field of property rights,
a key priority of the Opinion. Efficient coordination and monitoring is necessary
to ensure the implementation of the strategy and consistency between legislation in
force and future initiatives. Consultations with stakeholders need to continue in
this respect. The first registration of properties has not yet been completed. Compensation
and restitution claims by former owners are met at a very slow rate. Regarding
regional issues and international obligations, Albania continued to play a constructive
role in contributing to the stability of the region by consolidating positive relations
with neighbours and regional partners. The country has cooperated fully with EULEX
and in May 2012, Parliament adopted a special law allowing EULEX investigators to
carry out inquiries on Albanian territory. In the framework of its MARRI (the Migration,
Asylum, Refugees regional Initiative) presidency, an agreement entered into force
between Albania, Montenegro and the former Yugoslav Republic of Macedonia to ease
border crossing procedures between the countries. Nationals of these countries are
now able to travel between them with biometric identity cards for a period of up to
three months. As regards the International Criminal Court, the bilateral immunity
agreement with the United States does not comply with the EU common positions and
guiding principles. Albania needs to align with the EU position. Albania continued
to participate actively in regional cooperation initiatives, including the South-East
European Cooperation Process (SEECP), the Regional Cooperation Council (RCC), and
the Central European Free Trade Agreement (CEFTA). The country holds the chairmanship
of CEFTA and of the Council of Europe Council of Ministers. Albania maintained
macroeconomic stability. GDP growth, driven mainly by domestic demand, decelerated
but remained positive at 3.1% in 2011. Economic activity has been stagnant in the
first quarter of 2012 amid weather related power disruptions. Underperforming revenue
and higher expenditure led to a rise in the government deficit and consequently higher
public debt. Structural reforms lost steam in part due to the fragile domestic political
dialogue. Monetary policy remained sound and kept inflation within the target range.
Weak enforceability of contracts and the rule of law, inadequate levels of infrastructure
and human capital, as well as the informal economy continue to hamper economic development.
As regards the economic criteria, Albania made some further progress towards becoming
a functioning market economy. Albania should be able to cope with competitive pressures
and market forces within the Union in the medium term, provided that it accelerates
and deepens structural reforms, including by reinforcing the legal system and strengthening
physical and human capital. Broad agreement on the key essentials of a market
economy was maintained despite the often polarised political context. The Albanian
economy continued to grow, albeit at a slower pace and despite the persistent unfavourable
economic conditions in its main trading partners. Monetary policy has successfully
helped to keep inflation stable and anchor inflationary expectations. Labour market
performance slightly improved. State involvement in the economy and the level of subsidies
have remained limited. The banking sector is well-capitalised and liquid. Some progress
was made to further facilitate market entry. However, the fiscal deficit increased
in 2011, leading to a further rise in the relatively high public debt which continues
to show a short-term bias. The persistently high current account deficit is a source
of vulnerability. Unemployment continues to be persistently high. Implementation of
bankruptcy procedures is incomplete. Weaknesses in the rule of law hinder the enforceability
of contracts while pending issues in the area of property rights hamper investment
and business environment in general. The informal sector and weak tax collection 5
EN remain a challenge. The high and increasing level of non-performing loans in
the banking system is an issue of concern. Investment in human capital and infrastructure
remain inadequate. The lack of diversification of the production base in terms of
sectors and export markets leaves the economy vulnerable to external shocks. Albania
has made moderate progress in improving its ability to take on the obligations of
membership, in particular in the areas of competition, taxation, statistics, justice,
freedom and security, education and culture and customs union. Progress has been limited
in other areas such as freedom of movement for workers, public procurement, intellectual
property law, food safety, fisheries, energy, and environment and climate change.
Overall, Albania has generally continued to implement smoothly its obligations under
the Stabilisation and Association Agreement (SAA). Still, there is a need to ensure
the timely implementation of commitments, in particular as regards intellectual and
industrial property rights. Furthermore, sustained efforts are needed to strengthen
administrative capacity for the implementation and enforcement of legislation. In
the area of free movement of goods, there has been progress as regards standardisation.
Work needs to continue on legislative approximation with the acquis. An adequate market
surveillance inspectorate is not yet in place. Preparations in this area are moderately
advanced. There has been little progress in the area of freedom of movement for
workers. Some preparations have been made for future participation in EURES and coordination
of social security systems. Further efforts are required to align the legislation
on access to the labour market with the acquis. Overall, preparations in this area
are not very advanced. There has been some progress in the area of establishment and
freedom to provide services, particularly as regards the mutual recognition of professional
qualifications. Preparations for alignment with the Services Directive remain at an
early stage. The Albanian postal legislation is not yet in line with the acquis. Preparations
in this field are moderately advanced. There has been progress in the area of free
movement of capital as regards legislative measures through the adoption of amendments
to the Criminal Code and the Law on Banks. Further efforts are needed regarding the
approximation of the Law on Payment Systems with the acquis. Preparations regarding
free movement of capital are moderately advanced. There has been little progress
in approximating the legislative framework on public procurement and concessions to
the acquis. The division of responsibilities among all public procurement institutions
remains poorly defined and their administrative capacity and independence remain insufficient.
Preparations in this field are moderately advanced. There has been some progress in
the area of company law, where preparations are moderately advanced. Albania approved
the Corporate Governance Code, further aligning its legislation with the acquis. Further
legislative approximation is needed on reporting and documentation requirements in
case of mergers and divisions and in corporate accounting and auditing. Progress has
been limited in the field of intellectual property law, where preparations are not
very advanced. Substantial shortcomings remain as regards effective enforcement of
intellectual and industrial property rights which impinge on Albania’s commitments
under the SAA. Some progress can be reported in the area of competition. Legislative
alignment with the acquis on antitrust and merger control advanced and the regional
State aid map was adopted. The administrative capacity and the operational independence
of the State aid and competition authorities need to be adequately safeguarded. Preparations
in the field of competition are on track. There has been some progress in the
field of financial services, where preparations are moderately advanced. The banking
legislation was further approximated to the acquis and the investment market was further
developed. Additional efforts are needed in the areas of insurance and occupational
pensions, financial market infrastructure and the securities market and investment
services. Administrative capacity in the banking and non-banking sector remains insufficient.
There was little progress in the field of information society and media, where preparations
are not very advanced. While a number of pro-competitive regulatory measures were
taken in the electronic communications, concerns remain about the overall reform and
liberalisation of the sector, legal uncertainties and, the capacity and independence
of the telecoms regulator. Adoption of the Law on Audio-visual Media Services has
been further delayed. In spite of some progress as regards the independence of media,
concerns remain particularly regarding the independence of the regulator. Effective
implementation of the digital switchover strategy needs to be ensured. Progress
was uneven in alignment with the acquis in the area of agriculture and rural development,
in particular with regard to the setting up of rural development institutions. Efforts
are needed regarding capacity building in rural development, the setting up of a land
cadastre and the development of strategies in the fields of agriculture and land use.
Overall, Albania has started to address its priorities in this area. Progress has
been limited in the areas of food safety, veterinary and phytosanitary policy. Efforts
are needed to improve the definition of competence, responsibilities and communication
regarding risk management, the registration of movements of animals, the control of
animal diseases, and the upgrading of food and feed establishments. Preparations in
these areas remain at an early stage. There has been limited progress in the area
of fisheries, where preparations are not very advanced. There is still a need for
increased resources and technical capacities for monitoring, control and surveillance
of the competent services, including the Inter-institutional Maritime Operational
Centre. The division of tasks with regard to reporting and communication among directorates
at the Ministry of Environment, Forests and Water Administration is not sufficiently
defined. There has been little progress on transport policy, mainly concerning
cabotage in the maritime sector. Further efforts are required on alignment with the
acquis and to implement legislation effectively. Administrative and technical capacity
remains weak across the different modes of transport, particularly in the case of
aviation and road safety. Rail infrastructure maintenance is a concern and needs more
resources. There has been little progress in the energy sector. Lack of diversification
hinders security of electricity supply. Energy market reforms require further efforts
to ensure the viability of the sector. The administrative capacity and independence
of the Energy Regulatory Entity require further strengthening. Overall, preparations
in the field of transport and in the field of energy are not very advanced. There
was some progress in aligning legislation on indirect taxation with the acquis as
well as in strengthening the capacity of the Tax Administration for investigation
and internal audit. Further efforts are required in the fields of direct taxation,
tax collection, VAT refund and IT. Preparations in this area are moderately advanced.
Albania has made no progress in legislative alignment with the acquis in the field
of economic and monetary policy; preparations in this field are not yet sufficient.
Little progress has been made in the preparation of the economic policy document.
There are insufficient capacities for policy formulation. Some progress has been made
in the area of statistics. INSTAT conducted a population and housing census in October
2011. Sectoral statistics require substantial improvement and sufficient resources
need to be secured for the forthcoming agricultural census. The independence and administrative
capacity of INSTAT has to be secured. Overall, preparations in the field of statistics
are moderately advanced. There has been little progress in the field of social
policy and employment where preparations are not very advanced. The labour market
continues to be shaped by high informality, low 7 EN participation of women, and
relatively high youth unemployment. Social inclusion of persons with disabilities
and the Roma minority remain insufficient. Sustainability of funding needs to be addressed
to ensure successful implementation of social assistance and protection reforms. Implementation
of policies in this area continues to be a challenge. There was some progress in the
area of enterprise and industrial policy, where preparations are moderately advanced.
Some measures were taken to facilitate access to financing for SMEs and to improve
the regulatory framework for doing business. Market exit procedures remain slow. There
was some progress in the area of Trans-European networks. Rail transport remains underdeveloped
and substantial investment is needed to maintain and upgrade overall transport infrastructure.
Concerning energy networks, further efforts are required to complete electricity interconnection
lines with neighbouring countries and to start developing a strategy for the introduction
of natural gas. Overall, preparations are not very advanced. There was some progress
in the area of regional policy and coordination of structural instruments, where preparations
are still at an early stage. Considerable efforts are needed to establish the necessary
institutional and administrative capacity at central and local levels and to develop
a pipeline of mature and quality projects. There has been some progress in implementing
policies on the judiciary and fundamental rights, notably through efforts to address
the relevant key priorities set out in the Commission Opinion. Yet, significant gaps
in the legislative framework remain, in particular as regards judicial reform. Consistent
implementation of legislative and policy tools remains a challenge in all areas under
this chapter. Albania’s alignment with European standards and the acquis in the field
of the judiciary and fundamental rights is not very advanced. There was some progress
in the area of justice, freedom and security, particularly in border management, international
cooperation and the fight against organised crime. Efforts need to be stepped up in
the coordination between law enforcement institutions and in building a solid track
record of investigations, prosecutions and convictions. Overall, preparations in this
field are advancing. There was little progress in in the area of science and research,
where preparations are not very advanced. Further efforts are required at national
level to strengthen the research and innovation capacity and increase the country’s
competitiveness. The level of investment in research remains very low and the human
capital-building requires strengthening. Good progress can be reported in the
fields of education and culture in aligning with European standards, particularly
in the area of higher education and in the development of vocational and educational
training (VET). Further efforts are required to improve transparency in private higher
education institutions. In 2012, Albania started to participate in the Culture programme.
Overall, preparations in this area are moderately advanced. While there has been
some progress in alignment with the acquis in the field of environment, there was
very little progress in the field of climate change. Further efforts are urgently
needed to align, implement and enforce legislation. Public awareness and consultation
on legislative initiatives or public investments remain weak. There is a need for
greater political commitment and coordinated action in these sectors. Substantial
investment is needed while current resources allocated remain limited. Environment
needs to be better integrated into other policy areas, such as transport and energy.
Concerning climate change, substantial efforts are required on awareness-raising,
setting a more strategic approach for the country, aligning with and implementing
the acquis, as well as strengthening administrative capacities and inter-institutional
cooperation. Preparations in the area of the environment are still at an early stage,
whereas preparations in the area of climate change remain at a very early stage. There
has been some progress in the areas of consumer and health protection. Implementation
and enforcement of legislation remain very weak. The market surveillance system is
not yet in place. Low awareness in the health protection system, both amongst professionals
and the public, is hampering transparency and enforcement. The health sector remains
under-financed. Preparations in these areas are not very advanced. There was progress
in legislative approximation in the field of customs union, where preparations are
moderately advanced. Shortcomings remain in the overall administrative and operational
capacity, including the compatibility of IT systems with EU requirements. Further
efforts are required on customs valuation and trade facilitation. Progress was
moderate in the area of external relations. Albania has continued its good cooperation
within the WTO and CEFTA. The administrative capacities of the institutions involved
in trade policy remain to be improved. In the field of foreign, security and defence
policy the country continued to align with the EU common security and defence policy
positions and has shown continued political commitment regarding its participation
in civil and military and crisis management operations. The online registry of weapons
and ammunition under the management of the State Police has yet to be finalised. Overall,
preparations in this field remain on track. There was little progress in the area
of financial control where preparations are still not very advanced. Shortcomings
remain as regards implementation of the PIFC legal framework and the principle of
managerial accountability. External audits need to be improved in line with the INTOSAI
standards. In the field of financial and budgetary provisions there has been no
particular progress. Sound coordination structures and implementing rules will need
to be established in due course for the administration of the own resources system.
Overall, preparations in this area are at an early stage.
------------------------------------------------------------------------------- (1)
The key priorities concern the following areas: the proper functioning of parliament;
adopting reinforced majority laws; appointment procedures and appointments for key
institutions; electoral reform; the conduct of elections; public administration reform;
rule of law and judicial reform; fighting corruption; fighting organised crime; addressing
property issues; reinforcing human rights and implementing anti-discrimination policies;
improving the treatment of detainees and applying recommendations of the Ombudsman.
For the full text of the key priorities, see COM(2010) 680.
(2) National Plan
for the Implementation of the Stabilisation and Association Agreement