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The confidential draft report of the European Commission is revealed: What it says about SPAK, criticism of the 'Xhafaj' commission...

2025-06-16 21:16:04Aktualitet SHKRUAR NGA REDAKSIA VOX
European Commission

The European Commission has drafted a draft report on the Rule of Law, which analyzes in detail the progress of legal reform in Albania, including the challenges in the fight against corruption.

From a diplomatic source, Top Channel journalist Muhamed Veliu secured the draft report, initialed confidential, dated June 9, 2025, and sent to Albanian institutions to respond with comments, which are then reflected in the final report.

This draft report on the Rule of Law in Albania initially shows how citizens perceive the justice of their country today.

“The perceived level of judicial independence in Albania continues to be average among both the general public and companies. Overall, 47% of the general population and 40% of companies perceive the level of independence of courts and judges as “sufficient or very good” in 2025. Perceived judicial independence among the general public has increased slightly compared to 2024 (46%), while among companies it has decreased compared to 2024 (45%).”

The European Commission dedicates a special chapter analyzing the work of SPAK, assessing that "The Special Anti-Corruption Structure (SPAK) further consolidated its positive results in the fight against high-level corruption and made tangible progress towards a strong record in the fight against corruption."

“SPAK continued to consolidate its positive results in the fight against high-level corruption, although some shortcomings remain in terms of staffing and infrastructure. The Special Anti-Corruption Structure (SPAK) and the courts against corruption and organised crime have delivered positive results in investigating, prosecuting and adjudicating corruption cases, including those involving politicians and high-ranking officials, as well as in protecting the EU’s financial interests. SPAK demonstrates a sustainable strategic vision and independence in its contribution to the fight against high-level corruption, despite increased pressure from political, organised crime groups and the media. The continued increase in the workload for SPAK and the lack of staff and infrastructure continue to be issues that need to be addressed. The number of referrals to SPAK from other authorities has further decreased and remains low.”

The European Commission concludes that "Albania continued the implementation of judicial reform by strengthening judicial independence and the autonomy of the prosecutorial office."

The vetting process for all judges and prosecutors was finalized at first instance, further strengthening accountability.

While the stability of the judiciary improved, the European Commission says, attempts at undue influence on the judicial system by public officials or politicians worsened.

Analyzing the government's anti-corruption efforts, the European Commission's draft report states:

"The Anti-Corruption Strategy for 2024-2030 has been approved. The legal framework to combat corruption is largely in place, but legislation to prevent corruption needs to be supplemented."

The European Commission also has this preliminary comment on the special parliamentary committee on good governance and anti-corruption headed by Fatmir Xhafaj.

“There are shortcomings in the work, methodology and impact of the ad hoc parliamentary committee on deepening reforms for good governance, the rule of law and the fight against corruption. Most justice institutions decided to engage with the committee only formally, in writing, expressing concerns about the process and constitutional issues such as their independence and the established reporting obligations to the Assembly. There are shortcomings in the work, lack of transparency, inclusiveness, methodology and real impact, as well as the risk of duplication of work already carried out in the framework of the accession negotiations. It is important that the work of the ad hoc committee is comprehensive, transparent and in line with the positive results of the 2016 justice reform.”

This draft report also includes developments within the State Police, an important part when talking about the Rule of Law.

"The state police remain vulnerable to corruption. Shortcomings remain regarding the transparency and effectiveness with which the High Inspectorate for Declaration and Audit of Assets and Conflict of Interests checks declarations of assets and interests."

Regarding the Ministry of Justice's efforts in digitalizing the management of court files, the report says:

"A sufficient budget has been allocated for the implementation of a modern integrated electronic case management system in courts and prosecutors' offices, but its creation is only foreseen for 2030. This timeframe is too long and risks being detrimental to the overall quality of justice."

The Constitutional Court, according to the European Commission's draft report, continued to function effectively, while the Assembly's continued non-implementation of some of its decisions and the legal uncertainty over the duration of its members' mandates constitute a concern. /TCH

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