EU: Elections, an essential test

As regards the political situation, the European Union values the cooperation between the majority and opposition during 2012 for some reforms. The European Union appeals for more constant and constructive dialogue between the parties, as essential for fulfilling the reform agenda. The known conditions for the European Union candidate status are ranked in the beginning.

Status

The reform agenda needs to be pursued relentlessly, leading to delivering concrete results on outstanding issues under the 12 Key Priorities of the Opinion and completing, in a spirit of consensus and inclusiveness, the key
measures required in view to deciding whether to grant the status of candidate country. In this respect the EU stresses the importance of further action taken by Albania to fight corruption and organized crime, including by pro-active investigations and prosecutions of such cases. Ensuring a successful conduct of Parliamentary elections in 2013 will be a crucial test of the smooth functioning of the country’s democratic institutions.

President

The unilateral election of the President, the decision for the January 21st case and the way how Parliament works are some of the raising increasing of the European Union as regards independence of institutions.

“The European Union notes that the 2012 Presidential elections were in line with the Constitution; yet they did not meet all expectations for inclusiveness.

January 21st

The European Union underlines the importance of respect for and non-interference in the work of independent state institutions, including the judiciary, as key elements of the functioning of the country’s democratic institutions. The EU notes that the prosecution has appealed against Tirana’s first instance court decision to acquit the defendants in the case of the 21″ January 2011 events. It reiterates that completing the proceedings of this case through a credible judicial process in line with best practices and without undue interference is of the utmost importance for the credibility of all state institutions and for enhancing public confidence in the judicial system.

Parliament

The European Union underlines that the proper functioning of parliament, remains essential for Albania’s democracy and for the success of the country’s reform agenda, and must be based on constructive and sustained political dialogue between political parties and includes improving its performance as regards legislative scrutiny and oversight functions. The European Union encourages efforts to improve the quality of legislation through close scrutiny in the parliamentary committees with full participation of the opposition, as well as enhanced consultation with interested stakeholders.

Elections

The position held by the 27 member countries concluded by discussing the recent developments in the country, with Central Election Commission. The European Union appeals for an efficient implementation of the amended Electoral Code and for an electoral administration without political interferences.

The European Union recalls that electoral reform and the conduct of elections are key priorities of the Opinion. In this context, the European Union welcomes that amendments to he Electoral Code were consensually adopted in July 2012 addressing the majority of the recommendations made by the OSCE/ODIHR electoral observation missions. The European Union urges Albania to take the necessary measures to ensure the effective implementation of the revised Electoral Code. Particular attention needs to be paid to ensure that the election administration bodies reform their duties in a professional manner and refrain from basing election-related actions and decisions on political considerations. The European Union reiterates that he successful conduct of Parliamentary elections in 2013 will be a crucial test or the smooth functioning of the country’s democratic institutions and therefore an essential element for Albania’s European Union integration perspective, as recalled by the Council in its December conclusions. Cross -party commitment o reach the relevant European and international standards is key.

Administration

The public administration, war against corruption and organized crime, the judiciary reform, the property issue and the media are some of the areas on which the European Union reiterates the same requests for years now.

“The EU welcomes some progress regarding the implantation of legislation and administrative acts. Yet it calls for further efforts to address deficiencies in the legislative and institutional framework in order to strength professionalism, de-politicisation, meritocracy and transparency, and the fight against corruption in the public administration. The EU underlines that in key sectors the public administration faces important challenges in fulfilling its tasks, including the management and follow-up of assistance programmes and the implementation of legislation aimed at alignment with the EU acquis.”

Judiciary

“The EU recalls that the reform of the judicial system, ‘a key priority of the Opinion, remains an important challenge for Albania’s EU integration process. Tangible progress on judicial reform is essential to ensure confidence in the justice system, to effectively fight corruption and organized crime and to support reform efforts and improvements in other areas including the economy. The EU underlines that the independence, impartiality, transparency, efficiency and accountability of the judiciary are central elements in the assessment of the political criteria for EU accession, and are key elements in ensuring respect for the rule of law. Safeguarding the independence and integrity of judicial institutions is essential. The judicial authority must be able to work independently, according to high professional standards, and without undue interference or hindrance.”

Corruption

“Yet, it underlines that efforts in this area need to continue and intensify and stresses the importance of building a solid track record of investigations, prosecutions and convictions at all levels. It also underlines that this requires proactive investigations based on threat assessment and the promotion of special investigative techniques, enhancing the coordination and information exchange between law-enforcement institutions as well as continuous specialized training for police officers, prosecutors and judges. The European Union encourages further efforts to ensure implementation of the legal framework in place, in particular since the entry into force of the so-called “Anti-mafia Law”.

Property

The European Union stresses the importance of completing the first registration of properties with certainty of ownership and of introducing in practice a consistent policy of territorial planning. The European Union recalls that the processes of compensation and restitution to former owners needs to take ECtHR case law into account.

Freedom of speech

“Yet it expresses some concern regarding provisions on the election of its members which may not provide the best guarantees of professional independence of this body. It notes that political and business pressures continue to hamper editorial independence. The European Union encourages Albania to ensure that rules on advertisement by public institutions are guaranteeing full transparency and are properly implemented in order to reach the largest share of the public. Furthermore, the European Union encourages Albania to train judges on amendments to the criminal and civil codes on defamation and on setting pecuniary damages, in line with the case-law of the ECtHR.”

Similar assessments with the fourth committee are seen in other areas too, such as in economy, with the European Union inviting Albania to return the debt limit law. The positive aspects mentioned are the macro economic stability, the economic growth, although slow, and the monetary politics. The European Union expresses its concern for the high public debt and advises the return of the 60% debt limit.

“The European Union notes the increased fiscal deficit in 2011 that brought a further increase of the public debt, already relatively high, and which keeps showing a short-term trend. Removing the 60% debt limit on November 2012 is another case of concern, same as the increased budget deficit over 3%. Albania is invited to return the debt limit and give the right attention to the implementation of the fiscal regulation program that would bring the debt back on the decreasing path”, the document says.

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