The Framework for Restitution/Compensation Process in Albania

Abstract

The property restitution legislation which is currently in force provided for the establishment of the State Committee on Property Restitution and Compensation, which was composed of politically nominated members of both majority and opposition parties, as well as the President’s office. The composition had to finally be approved and appointed by the Albanian Assembly. Commissions composed by the same rules were also foreseen at regional level. However, their structure was seen as an obstacle to the efficiency of the restitution process. Thus, in 2006, an amendment to the law provided for the replacement of the commissions with individual administrative institutions, namely the Property Restitution and Compensation Agency and its regional offices. Twelve such regional offices were in place up to January 2010, when a new amendment to the law abolished them. As from February 2010 only the central agency deals with the property restitution and compensation process. The Ministry of Justice and the institutions of the Prime Minister are in charge of the control and management of this agency, including the appointment of its leader. The organisation of the national agency is regulated by Decision 566/2006 of the Council of Ministers, on the organisation and functioning of the Property Restitution and Compensation Agency. Each regional agency has five to eleven employees who are now going to be transferred to the national agency in Tirana. However, the restructuring process still has a long way to go. The draft regulations for the central agency need to take into account a detailed consideration of the number of claims seeking a resolution, as well as the property restitution deadline which has been set for the end of 2011.

DOI: 10.5901/ajis.2013.v2n8p291