CYIL 2010

VLADIMÍR BALAŠ CYIL 1 ȍ2010Ȏ remain unchanged. This is a possibility but not a certainty. Even a minor change can cause problems in determining the parliamentary majority and minority and the way in which the majority and minority parties should communicate on candidates. Most of the objections raised in the previous paragraph are not as serious as the problems with constitutionality or compliance with international commitments; nevertheless, their clarification is equally important for effective functioning of the Lustration Act. What can pose problems as regards compliance with international instruments is the inequality of arms and lack of clarity about procedural matters. The right to fair and just process is one of the cornerstones of human rights protection on universal and well as regional level. That is why we believe that the Lustration Act should go much more into detail on the procedural guarantees and procedures, in order to eliminate any doubts and thus to avoid any hindrance to its effective application. Conclusion Finally, we believe that adoption of lustration legislation is feasible and there is nothing in Albania’s international commitments and constitutional framework to prevent it. The Lustration Act should meet the basic requirements for an efficient regulation, including namely procedural guarantees and compliance with superior legislation. The extension of the applicability period of the lustration legislation is also no problem; we even believe that in the specific conditions of Albania, the time-limit for its applicability (2014) might cause difficulties. However, one can well imagine that the aims that are drawn together under the umbrella of the Lustration Act might be achieved in other ways, by incorporating restrictive provisions in individual laws applicable to the functioning of the government and local self-government authorities. The Lustration Act is likely to undergo some changes and it is not excluded that some of its provisions will be repealed by Constitutional Court rulings. However, this does not mean that it is not in the interest of the Albanian political leadership, across party lines, to have in place a piece of legislation that would help restore confidence in state institutions, in law, justice and the democratic rule of law in general. Albania needs a lustration act. Its adoption is in the interests of the strongest government party as well as of the democratic opposition. The country needs legislation that would boost its credibility. An ill conceived law may undermine it. Moreover, failure to put into place a legislation guaranteeing compliance with the basic security standards of international organizations such as NATO may get the country into serious problems as regards the fulfilment of international commitments. For these and other reasons, it is necessary to either adopt a new Lustration Act, or to modify the existing legislation by a series of amendments, or, alternatively, to incorporate in other relevant laws provisions restricting access to certain positions, to classified information, etc.

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