EP Draft Resolution on Albania: Elections, Fundamental for EU Integration
The Committee on Foreign Affairs of the European Parliament voted on Friday the draft resolution on Albania integration process. The resolution stresses that the general elections of 25 April 2021 will be key for the consolidation and renewal of country’s democratic procedures and structures and to achieve a higher level of political stability; underlines that free and fair elections are fundamental for EU integration.
Draft Resolution expresses concern with the allegations of vote-buying and reminds that its prosecution is among conditions set by the Council on 25 March 2020; stresses the importance of ensuring that preparations for the 2021 parliamentary elections take place in a transparent and inclusive manner; notes that all political forces, state bodies, civil society and the media have a joint duty to ensure a transparent, credible and objective election campaign, free from disinformation, intimidation and false accusations.
According to the Committee, the fight against money laundering and the punishment for vote buying are the conditions for Albania to open negotiations with the European Union.
Below the Draft Resolution of the Committee on Foreign Affairs on Albania
- EU integration, future of Europe
1. Welcomes the clear strategic orientation and commitment of Albania to European integration, manifesting itself in good neighbourly relations and the continued implementation of the accession-related reforms; in that regard commends the Council decision of 26 March 2020 on opening accession negotiations with North Macedonia and Albania, (AM 50) emphasizes the importance of the integration process as a catalyst for reforms and welcomes the support which it enjoys among the Albanian people;
Believes that the Conference on the Future of Europe should appropriately include and actively engage representatives of Albania and other Western Balkan countries (AM 267), both at the governmental and at the civil society , including the youth, level;
Accession Talks
Supports the convening of the first intergovernmental conference without further delay, following the complete fulfilment of conditions set by the European Council and the adoption of the negotiating framework by the Council; reminds that Albania is a candidate country since 2014, and that since 2018 the Commission has recommended starting accession talks;
Recalls the transformative nature of the accession negotiations (AM 66) and notes that in order to ensure the credibility of the accession process, the fulfilment of milestones must be reflected in progress towards EU membership; (AM 60) reminds that rival actors seek to undermine further integration and political stability of Western Balkan countries;
Considers the appointment of the Chief Negotiator and the negotiating team, along with the adoption of the action plan to address the conditions and priorities set by Council’s conclusions of March 2020, to be a sign of a clear political commitment to advance the EU integration process;
Overall Reforms
Stresses that progress in accession under the revised enlargement methodology depends on lasting, in-depth and irreversible reforms across fundamental areas, starting with (AM 64) the rule of law, the effective functioning of democratic institutions and public administration as well as the economy; (AM 64) recalls in this regard the importance of the judicial reform (AM 62, 63) and increasing the fight against corruption and organized crime (AM 65, 68, 82), along with good neighbourly relations and regional cooperation.
Functioning of democratic institutions
Urges political leaders to create a climate of confidence by increasing transparency and overcoming the lack of dialogue and expresses its serious concern about the polarised political climate and lack of sustainable cross-party cooperation that continue to hamper the democratic process; recalls the importance of constructive political dialogue to advance with the reform process and further progress in ensuring the normal democratic functioning of the institutions.
Transparency
Calls on public institutions to act transparently and implement good governance practices; stresses the importance of proactive steps in making information publicly and timely and regularly available to civil society, media and the general public, in particular when related to issues of high public interest, such as the ongoing health emergency.
Elections
Stresses that the general elections of 25 April 2021 will be key for the consolidation and renewal of country’s democratic procedures and structures (AM 81) and to achieve a higher level of political stability (AM 78); underlines that free and fair elections are fundamental for EU integration.
Expresses concern with the allegations of vote-buying and reminds that its prosecution is among conditions set by the Council on 25 March 2020 (AM 96); stresses the importance of ensuring that preparations for the 2021 parliamentary elections take place in a transparent and inclusive manner; (AM 94) notes that all political forces, state bodies, civil society and the media have a joint duty to ensure a transparent, credible and objective election campaign, free from disinformation, intimidation and false accusations; (AM 95)
Electoral Reform
Underlines the importance of implementing the electoral reform measures codified in July 2020, which are in line with the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) and Council of Europe recommendations; welcomes the commitment to implement stresses the importance of the timely implementation of (AM 86/87) the forthcoming Joint Opinion of the Venice Commission and (AM 90) the OSCE/ODIHR of December 2020; Welcomes the positive outcome of the 5 June 2020 agreement, which implements some of the OSCE/ODIHR recommendations (AM 91), notes the failure to build upon it and the fact that despite of repeated international appeals to await for the opinion of the Venice Commission (AM 84/85), further steps have been taken without a wide cross- party consensus, resulting in the adoption of the disputed amendments to the Electoral Code in October 2020 (AM 84/85) by the Albanian Parliament.
Judicial reform
Recalls the paramount importance of safeguarding the rule of law through implementation of judicial overhaul and a steady and consistent prosecution of high- level corruption; (AM 101) commends the progress made in implementing the comprehensive judicial reform, underpinned by the unprecedented vetting process and the establishment of the relevant institutions and specialized bodies, and calls for the acceleration of these procedures in order to achieve (AM 99/100) a tangible shift towards an accountable, and independent and functional judiciary, being a precondition for the first intergovernmental conference (AM 114)
Courts
Stresses the need to develop a more strategic approach towards justice sector reform, which addresses the increasing backlog of cases (AM 113); calls for ensuring high transparency standards in the justice sector and to re-activate tools such as previously-operational online databases; (AM 141) welcomes the appointment of the new members of the Constitutional Court, restoring its functionality, (AM 103) and urges (AM 102, 106) Albanian institutions to swiftly (AM 102) conclude the appointment process, complete the relevant steps towards re- establishing the Constitutional Court’s ability to function fully and efficiently, and urges all involved to swiftly conclude the appointment process; stresses the need to ensure the continued functioning and adequate staffing of the Court of Appeals (AM 104, 105);
Welcomes the fact that the High Court has partly (AM 107/108) regained its ability to function and that it has been reviewing the admissibility of (AM 109/110) more than a thousand cases, and encourages it to make further progress in the appointment of additional judges, in order to become fully functional (AM 109/110) and to dramatically reduce its unsustainable backlog of pending cases; (AM 111, 112)
Corruption
Stresses the need for Albania to fight against corruption at all levels of society, government and administration, (AM 118) is concerned with the existing practice allowing the State Police to receive private donations and sponsorship (AM 121), notes with concern that corruption allegations continue to undermine the public's trust in government and democratic institutions more generally;
Stresses the need to ensure the effective functioning, cooperation (AM 117) and financial and operational independence of judicial, law enforcement (AM 120) and anti-corruption institutions through adequate financial, technical and human resources (AM 107, 108, 113, 116, 117, 120); underlines the importance of delivering tangible results in the form of independent and impartial investigations leading to successful prosecution of high-profile crime, including corruption; (AM 115)
Welcomes the creation of anti-corruption bodies and notes the progress achieved in anti-corruption legislation; (AM 116) acknowledges that in-depth investigations by the newly established Special Structure Against Corruption and Organized Crime (SPAK) are ongoing and that the Anti-Corruption and Organized Crime Courts are issuing indictments; stresses (AM 116) the need to maintain their independence and effectiveness in order to the effectively and proactively fight against (AM 117) impunity and high-level corruption; (AM 115, 117)
Calls for concrete integrity plans to be swiftly adopted and implemented within all ministries, as foreseen in the Inter-Sectorial Strategy against corruption and the Action Plan for its implementation (AM 123); recalls the need to improve transparency and control of political party funding under the amended Law on Political Party Financing; (AM 119) notes the importance of effectively implementing the recommendations of the Albanian Supreme State Audit Institution; (AM 122)
Organised crime
Notes the increase in proactive investigations, prosecutions and final convictions targeting illicit wealth and money laundering, leading to the systematic freezing and seizure of criminal assets, and calls for further reinforced prosecution and final court convictions of these cases (AM 125), in line with the principles of judicial independence, due process and fair trial; (AM 126); underlines the extensive money laundering problems, notably in the construction and real estate sector.
Trafficking, counter-criminal co-operation
Underlines the importance of the continuing efforts and systemic improvements in tackling human, firearms and counterfeit goods’ trafficking, along with the cyber- crime and terrorist threats; (AM 128)
Calls for the exhaustive and rigorous (AM 130) efforts to dismantle local and international criminal networks, and to eliminate drug production and trafficking, to be intensified further, building on the significant efforts of recent years; welcomes the increased cooperation with Europol and the law enforcement institutions of EU Member States, that led to a number of successful large-scale law enforcement operations (AM 131), including through an exemplary cooperation under the Joint Investigation Team between the Albanian and Italian authorities; (AM 131) encourages the Albanian authorities to swiftly finalise the posting of an Albanian liaison prosecutor to the European Union Agency for Criminal Justice Cooperation (Eurojust); recommends Albania to adopt a new strategy and action plan on drugs, filling-in, inter alia, the legislative gap on drug precursors; (AM 132)
Fundamental rights
Expresses its support for inclusive policies and calls for progress to be made in adopting measures to effectively protect the fundamental freedoms and rights of all citizens, with a special focus on women, children, persons with disabilities (AM 133, 134), ethnic minorities and LGBTQI+ persons.
Welcomes the update on the anti-discrimination legislation and calls on the authorities to step up efforts to establish solid anti-discrimination case-law (AM 137); urges the authorities to ensure the effective prevention and prosecution of hate speech and hate crimes, including antisemitism
LGBTI
Notes that the National Action Plan for LGBTI Issues 2016-2020 has expired and calls on the government to develop a new action plan in a transparent and inclusive consultation with civil society and ensure appropriate resources are assigned for its implementation; (AM 135) calls on Albanian authorities to foster social acceptance of LGBTI persons who continue to regularly experience discrimination and hate speech; (AM 139); welcomes the decision to eliminate the unacceptable "conversion therapy", strengthening the right to gender identity and gender expression; (AM 140)
Antidiscrimination institutions
Urges the authorities to ensure that sufficient human, technical and financial (AM 143) resources are provided to relevant bodies, such as (AM 143) the Ombudsperson Office Ombudsman, the Anti-Discrimination Commissioner and the Commissioner for the Right to Information and Data Protection, and that their respective recommendations are implemented systematically; stresses that only individuals whose independence and professionalism is beyond doubt should be appointed to these offices; (AM 142)
Gender-based and domestic violence
Calls for the creation of an effective mechanism for the prevention of gender-based violence, including harassment (AM 146), domestic violence and violence against children, (AM 145), exacerbated by the COVID-19 pandemic (AM 146), and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators.
Minority groups
Reminds Albania of its calls to ensure non-discriminatory access to public services and (AM 152) further improvements to be made in the education and health, and the employment rates, living and health (AM 151) conditions of people with disabilities (AM 151) and, Roma, Egyptians (AM 153, 155) and other ethnic minorities; welcomes the 2019 Poznan Declaration on Roma Integration within the EU Enlargement Process, urges the authorities to advance Roma integration policies in line with the EU Roma strategic framework; (AM 150)
National minorities
Urges Albania to swiftly adopt the remaining five by-laws to ensure full implementation of the 2017 framework Law on (AM 155, 156, 157) the Protection of National Minorities and the related rights to free self-identification, the use of minority (AM 156, 157) languages where necessary at local administration level and the right to co-education in minority languages; calls on Albania to protect and promote cultural heritage, languages and traditions of its national minorities; (AM 158) and to provide dedicated media space in the state and local outlets in minority languages; (AM 203)
Welcomes in this context the adoption of the law on the population census; (AM 159, 160, 161, 162), to be carried out in the autumn of 2021 (AM 160); and calls on Albania to take all the necessary steps in order to effectively implement it, including through the preparation of the questionnaire and the manual (AM 161, 162), covering all recognized minority groups (AM 160Calls on Albania to ensure that minority groups have equal opportunities and adequate representation in political life, public administration and the judiciary;
Property rights
Encourages Albania to make further progress on measures consolidating property registration, restitution and compensation (AM 163) rights, implementing the law on transitional procedures of ownership, mainly by advancing in a transparent manner the process of registration of properties (AM 164/165), and completing the comprehensive land sector reform;
Tolerance, freedom of belief
Welcomes Albania’s efforts in promoting tolerance, inter-religious harmony and addressing prejudice and discrimination, including antisemitism, as affirmed by the parliamentary approval of the International Holocaust Remembrance Alliance’s definition of anti-Semitism; being the first Muslim-majority country to accept the formulation (AM 166, AM 167), calls for continued efforts to ensure respect for freedom of expression and freedom of belief or religion
Freedom of assembly, violence
Calls on the authorities to ensure freedom of assembly as that a fundamental right (AM 170), respecting the principle of proportionality (AM 170), including during state of emergency or state of natural disaster (AM 169), stresses the recommendations made by the Ombudsperson in this respect;
Notes the importance of addressing allegations of police misconduct (AM 185) and investigating and prosecuting disproportionate use of force, also in the context of the COVID-19 pandemics; (AM 186) recalls the need to eradicate ill-treatment of suspects and prisoners;
Migration, asylum, trafficking
Recalls the authorities’ obligation to ensure due process for asylum seekers in compliance with Albania’s international obligations, and to properly address the needs of refugees, asylum seekers and migrants, while increasing preparedness for potential increases in migratory flows (AM 172) and enhancing cooperation with the authorities of the Member States (AM 173, 175); calls for increased capacities to process asylum requests and investigations into the reported cases of breaches of the return procedures, including human rights;
Stresses that border protection and the prevention of cross-border crime must be a priority and (AM 176, 178) conducted in full respect for fundamental rights (AM 175), enshrined in applicable international and regional laws and principles (AM 177); welcomes the launch of the first fully fledged joint operation with the European Border and Coast Guard Agency (Frontex) outside the European Union (AM 176);
Underlines that the contribution of Albania to the protection of the European Union’s external border is of crucial importance and calls on the EU to intensify its support to border protection in the region (AM 179), and to support the needs of the Albanian authorities dealing with refugees, asylum seekers and migrants;
Welcomes the ongoing efforts being made and urges the authorities to take a robust approach in preventing, investigating, prosecuting and punishing human trafficking and the exploitation of its victims, who include children and other vulnerable groups, and to increase reintegration services and ensure witness protection; (AM 180)
Welcomes the ongoing measures and calls for further progress to be made in considerably reducing irregular migration and (AM 183) the number of unfounded asylum claims by Albanian nationals, including the arrivals of unaccompanied minors, in the EU Member States; notes that Albania continues to fulfil visa
Civil society
Underlines the need to improve the climate for the functioning of civil society and urges the authorities to ensure meaningful, timely and representative consultations throughout the decision-making at different governance levels and to enhance the legal and fiscal framework, improving (AM 187) the financial sustainability of the non-governmental sector;
Stresses the importance of participation of civil society organizations and regular consultations on the functioning of society, enabling the participation of citizens in the life of the country; (AM 189)
Stresses the need to improve conditions and an environment for accountability and scrutiny of public institutions, in particular cooperation with civil society and journalists, as well as their access to justice and legal certainty; (AM 188) is very concerned about the alarming allegations on the widespread use of disinformation against investigative journalists, civil society activists and others seeking to hold powerful interests to account; (AM 191)
Notes with concern the lack of progress on freedom of expression and the obstacles to the proper functioning of the independent media;
Media freedom
Recalls the importance of ensuring quality journalism and increasing the levels of (AM 190) media literacy for the functioning of democracy and in tackling disinformation, hate speech and fake-news; (AM 190) calls on the EEAS and Commission to improve coordination and address disinformation and hybrid threats that seek to undermine the European perspective by more strategically underscoring the EU’s relevance to citizens in the region (AM 192) and urges them to foster the creation of a Balkan-focused Centre of Excellence to counter disinformation (AM 192);
33 a. Calls for initiatives to foster a media environment free from external influences and conducive to a professional media conduct, including investigative journalism; (AM 194);
33b. Underlines the need to strengthen self-regulation, ethical standards, independence, impartiality, financial sustainability and reporting quality of public and private media outlets and to enhance transparency of the media ownership (AM 200), funding and public advertising (AM 193); calls for measures ensuring transparency of media ownership of broadcasting companies; (AM 200); notes the need to improve labour and social conditions of the media professionals in order to ensure quality journalism; (AM 193)
34. Condemns the violence, intimidation, smear campaigns (AM 191) and indirect political and financial pressure directed against journalists, which seriously stifle media freedom, induce self-censorship and gravely undermine efforts to uncover crime and corruption; calls on the authorities to open an investigation into the recent string of violence and unjustified detentions of journalists and immediately respond to allegations of reporters being assaulted by police, including while in custody; (AM 195)
Paragraph 35 media law/defamation
35. Welcomes the commitment of authorities to withdraw the proposed draft amendments to the Media Law, and encourages the full implementation of the Venice Commission’s recommendations of 19 June 2020 on all future proposals (AM 199, 201); Expresses reiterates its concerns about the initially proposed measures under the so-called ‘anti-defamation package’ (AM 197) and notes that any revision of the media and communication laws and the Criminal Code should take place in a transparent and inclusive manner, making sure that the voices and opinions of the civil society, media and journalists are heard, (AM 198, 202) with the aim of improving media freedom and the work environment of independent journalists (AM 198, 202),
Paragraph 36 Socio-economic situation, COVID-19,
36. Encourages the Albanian Government to prioritise measures aimed at mitigating the health and (AM 204) socio-economic impact of the COVID-19 pandemic, with particular consideration for marginalised and vulnerable groups such as Roma, Egyptians, the LGBTQI+ community, (AM 205) people with dissabilities and single parents, while taking further steps to improve diversification, competitiveness, and digitalisation, (AM 206) enhance the representativeness of the social dialogue and to tackle the widespread informal economy;
Recalls that sustainable growth depends on eradication of endemic corruption, improved transparency, legal certainty and efficiency, fair competition and reduction of bureaucracy simplification of administrative procedures; (AM 217)
Social exclusion
Encourages the Albanian authorities to strengthen social care coverage and improve access to social and healthcare services especially for vulnerable groups (AM 207/ 208), in order to reduce the risk of poverty and social exclusion;
Labour market and education
Calls for the to step up concrete (AM 214) measures addressing the demographic decline and the brain drain through active labour market policies that address tackle skills mismatches and reduce long-term unemployment, particularly among the youth and the most marginalised groups (AM 213); stresses the importance of creating sustainable long-term job opportunities for young people (AM 211, 214), promoting accessible (AM 212), quality and inclusive educational reforms (AM 210) and addressing problems relating to housing (AM 212); calls on the Albanian government to improve availability and affordability of internet access, including for schooling (AM 215);
Economic and investment plan
Stresses the need to improve the visibility and communication concerning EU aid and Union financing in Albania; in this regard, reminds of the performance reward under the Instrument for Pre-Accession Assistance to North Macedonia and Albania and notably the substantial support the EU has provided to the Western Balkans to fight the COVID-19 pandemic;
Welcomes the Commission’s efforts to invest more strategically in the Western Balkans through a dedicated Economic and Investment Plan (EIP) (AM 219); stresses that any investment must be in line with the objectives of the Paris Agreement Agreement and the EU’s decarbonisation target (AM 219); recognises the importance of the EIP in supporting sustainable connectivity, human capital, competitiveness and inclusive growth as well in reinforcing regional and cross- border cooperation (AM 221); calls for adequate co-financing and further improvements in transparency and visibility of the EU funding; (AM 218) in the context of Albania, stresses the need to focus funding on the ongoing democratic transition (AM 119), fight against the demographic decline and the brain drain (AM 220);
Energy and transport
Encourages the diversification of energy production, ensuring economically and environmentally sound investments in (AM 226) hydropower operations, (AM 229) and increasing cost-efficient (AM 225, 227, 228) investments, enabling transition towards wind and solar sources; urges the authorities to minimise the impact on biodiversity by restricting curbing (AM 224) hydropower development in protected areas (AM 230), in particular the Valbona and Vjosa rivers (AM 227, 228), and to establish as soon as possible the Vjosa National Park covering the whole length of the river, in line with the announcement of the Albanian government (AM 224); underlines the need to improve both environmental impact assessments and strategic environmental assessments (AM 227, 228, 230) and transparency of procedures (AM 222) across eco-sensitive sectors and boost the prosecution of environmental crimes; stresses the importance of improving Albania's strategy on nuclear safety and radiation protection, recalls Albania is yet to fully align with the 2013 Council (Euratom) Directive setting out basic safety standards for protection against the dangers arising from exposure to ionising radiation (AM 231);;
Urges the authorities to ensure full compliance with the Energy Community Treaty, including through making its power exchange operational, continued market opening, functional unbundling of distribution system operators and market coupling in electricity; (AM 232, 233); underlines the contribution of the newly launched trans-Adriatic pipeline, and upcoming connection of the converted Vlora thermal plant, (AM 234) to regional energy security; recalls the need to complete the electricity market reform and put in place Bitola-Elbasan electricity interconnector with North Macedonia;
Calls for continuing progress in strengthening strategic transport networks in line with the trans-European transport network (TEN-T) regulatory framework, and to advance work on the Albanian sections of the “Blue Highway“; (AM 241), complete the railway sector reforms and advance the Tirana-Podgorica-Durrës rail
Environment and climate
Expresses deep concern about certain economic projects that have led to environmental damage in protected areas; (AM 222) underlines that planning and construction of eco-sensitive tourist and energy infrastructure (AM 222) projects must be conducted under a broad country-wide stakeholder consultation with the civil society and local communities prior to decision-making (AM 222) and must comply with international and EU norms on impact assessments and environmental protection; (AM 223)
Urges the authorities to develop a national energy strategy which guarantees full alignment and implementation of the Paris Agreement, (AM 235) relevant EU (AM 236) climate policies (AM 236), decarbonisation targets and carbon pricing instruments, in line with the European Green Deal and the political commitments made in the 2020 Sofia Declaration; (AM 235, 236, 239, 240); invites the authorities to adopt without delay the draft Climate Law and the law and decision on a mechanism for monitoring and reporting of greenhouse gas emissions; (AM 237, 238), requests the accelerated finalization of the draft integrated National Energy and Climate Plan for review by the Energy Community Secretariat; (AM 237, 238)
Waste management
Recalls the need to prioritise the implementation of the new 2020-2035 national waste management strategy (AM 246, 248), setting up of an integrated regional waste management system, to promote recycling, close hazardous dumpsites (AM 245, 248), align with the EU standards, especially as regards incineration, (AM 246), prevent deforestation, and marine plastic waste (AM 247, 249); warns of the pollution of the Adriatic Sea and the frequent dumping of garbage carried by sea currents, (AM 249) underlines the need to step-up water quality monitoring and wastewater treatment capacities and strengthen the capacities of the agencies on environment and protected areas;
Regional cooperation and foreign policy
Welcomes Albania’s unremitting continuing (AM 250, 251, 252, 253) efforts in promoting good neighbourly relations and regional integration; underlines the importance of taking further steps to promote reconciliation with neighbours and regional cooperation (AM 256), which should be underpinned by respect for fundamental European values and a common future in the EU; (AM 257)
Calls for the creation of new opportunities for high level political and policy dialogue with the Western Balkans countries, through regular EU-Western Balkans summits and intensified ministerial contacts, in order to strengthen the the credible commitment to the political objective of the enlargement process and ensure high-level engagement; (AM 264)
Welcomes the constructive steps towards the resolution of outstanding bilateral issues, including a joint undertaking by Greece and Albania to refer the delimitation of the (AM 254, 255) maritime zones to the International Court of (AM 254, 255) Justice;
Welcomes Albania ’s participation in the mini-Schengen initiative as a means to improve neighbourly relations and provide new opportunities for Albanian citizens and business; (AM 260)
Calls upon all political leaders to take urgent steps to set up the Regional Commission tasked with establishing the facts about all victims of war crimes and other serious human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM; (AM 258) urges political leaders to promote regional reconciliation and refrain from instrumentalising these topics in internal political struggles; (AM 259)
Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and commends its active contribution/ participation in (AM 262)to the EU crisis management missions and operations, as well as its active contribution to NATO missions of strategic importance to the EU; urges Albania to comply with the EU position on the jurisdiction of the
International Criminal Court; (AM 263)
Underlines the need for the EU and the United States to strengthen their partnership and coordination in the Western Balkans in order to advance key reforms, improve governance and reconciliation (AM 266); calls on the EEAS and Commission to enhance support to Albania in countering malicious foreign interference from countries such as Russia, China, Iran and others; having in mind the above-mentioned alignment and Albania’s EU accession process, Tirana should develop ever-closer cooperation with the EU and NATO member states on security and defence issues.