Press release of the Minister of State for Relations with Parliament, Ermonela Felaj:

As we have promised and announced, at today’s meeting of the Council of Ministers the Albanian government approved the Draft law on the “Legitimacy of Persons selected, appointed or exercising public functions”.

By means of this draft law, the Albanian government gives a final solution to the recent debate over the so-called “decriminalization” issue.

Thanks to the initiative of the Council of Ministers, inspired by the Italian law “Severino” and international best practices addressing the same issue, the Government gives voters the opportunity to get to know the past of each of the candidates claiming to be elected or appointed to public offices in Albania.

This law opens a new page in the history of the Albanian democracy. Any individual, who has been previously convicted by domestic or foreign courts, will not be able to be elected or appointed to any public offices, and nor can they conceal their dark past.

Specifically, by means of this draft law the Council of Ministers proposes that those belonging to the aforementioned category must be banned from being:

1.  Elected as MPs, mayors, municipal council members;

2.  Appointed to the office of the Prime Minister, or be member of the Council of Ministers;

3.  Elected to the functions voted by Parliament, municipal councils or county councils; all persons convicted in Albania or abroad by final judicial decisions on a range of serious crimes committed intentionally, which are clearly defined in this draft law.

The ban on running and being elected shall apply also to persons who have committed crimes provided for by law even when they have been convicted by courts of first instance. So, when sentences are not final or inconclusive, or when a personal security measure has been applied against them, or an arrest warrant has been issued by a foreign judicial authority.

For this category of persons the ban will last until the security measures or the international arrest warrant is revoked, or decision of acquittal is issued.

In the event that the aforementioned people will result to have been already elected or appointed to or are exercising a public function, they will be suspended from any function until the security measures or the international arrest warrant is revoked, or decision of acquittal is issued.

As for the category of convicted persons, the ban to run, be elected or appointed to public office shall be proportionate to the importance of the work they have performed, meaning that for most serious crimes, expressly mentioned by the law and found in the attached list, the ban will be permanent.

As for other offenses or for certain penalties, bans will be bound as follows:

20 years after serving the sentence for convictions related to offenses of corruption or those that violate free elections and the democratic election system;

10 years after serving the sentence for persons sentenced to not less than two years in prison.

Verification of data that lead to the ban on being elected or on running will be done through self-declaration of the person willing to run, be elected or appointed, and then through verification carried out by all state bodies who, in conformity with their duty as defined by the law or the Constitution, will administer this type of documentation.

Refusal to fill the self-declaration form or failure to submit it will constitute a reason for non-registration of a candidate by the Central Election Commission, or to not appoint him/her by the body responsible.

The data on the self-declaration form are expected to be public, while the form holder will be criminally liable if the data provided are false or distorted.

Checks on records of the persons concerned will be carried out both home and abroad, working closely with the Prosecutor’s Office or any other competent authority that owns the information needed.

In addition to the data on the self-declarations, the results of the checks also are expected to be public, and this goes hand in hand with the spirit of the law, an increased public confidence in their representatives at national or local level, and public administration.

The law has been designed to exert its action, by means of the same instruments, self-declarations and verifications by the authorities, also on all those who have been elected, appointed or are exercising public functions.

The government and the majority in the Assembly shall immediately submit the draft law to Parliament, together with the draft on constitutional amendments reflecting the principles of this initiative, in order to give a final solution to this matter of public interest.

I want to emphasize that we are ready to deal constructively with the opposition on this project and to integrate it with any contribution that is consistent with the spirit of the law “Severino”, which does not violate any international standard, and does not constitute any kind of Albanian-way invention.

Thank you!