OSCE Presence in Albania

Rule of law

The general purpose of the Rule of Law Unit of the OSCE Presence in Albania is to assist with legislative and judicial reform, in more concrete terms, by supporting the development of a well-functioning and transparent legal system. Through its work, the Unit aims to foster a society in which citizens seek and receive effective legal remedies.

Legislative support

The Unit produced a report on the legal sector that looks at all major law-related institutions in Albania and offers recommendations on projects to increase transparency in courts and other bodies. The Unit regularly provides comments on draft legislation. Generally, legislation is reviewed if it is of broad public interest or if it affects other projects being implemented by the OSCE PiA.

The Unit supported the establishment of the Office of the People's Advocate and continues to assist the new institution regularly. It also supports the Civil Service Commission in its efforts to increase professionalism and freedom from political interference and it works to improve the reliability of documents produced by the country's notaries.

Judicial reform

The Fair Trial Development Project, initiated in 2003, published its first report in February 2005 based on observations of the Tirana District Court and the First Instance Court for Serious Crimes. A further report, based on more detailed findings of the procedures followed at these courts and at courts in other major cities, was published in September 2006. A third report, on criminal appellate proceedings, is in the final stages of editing and translation.

The Fair Trial Development Project has also begun a closer review of proceedings in civil trials with the aim to produce a study of first instance courts. The review should eventually cover higher courts as well.

The implementation of the Law on Protection of Witnesses and Collaborators of Justice and its secondary legislation is being followed closely by the Unit. This work is done through the International Consortium Working Group on Witness Protection, under Albanian police structures. The Rule of Law Unit provides one of the group's two deputy chairs.

The Unit is also working on a project to raise the ethics standards of the judiciary and to modify legislation to provide effective remedies when ethics violations are noticed.

Human rights

Activities to promote minority rights are an important part of the Unit's work, particularly efforts to improve the situation of Roma.

In co-operation with OSCE project offices throughout Albania, the Unit regularly assesses the conditions of pre-trial detention facilities and is following their transfer from the Ministry of Public Order to the Ministry of Justice.

Working closely with the authorities, the Unit has also launched projects addressing juvenile justice and workers' rights.