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By Gresa Hasa - 20 February , 2025

Albania’s Rule of Law on Trial and the EU’s Compliance

Albania’s Rule of Law on Trial and the EU’s Compliance

On February 10, Tirana’s mayor Erion Veliaj was arrested by the Special Anti-Corruption Structure (SPAK) on suspicion of corruption and money laundering. Veliaj, in power for 10 years, is currently serving his third term as mayor.

Edi Rama reacted to the arrest by calling it “unconstitutional” and a “violation of democratic standards.” Until now, Rama has used the arrests of other members of his government to reinforce the narrative that justice reform was an initiative of the Socialist Party of Albania (SP) that he personally has championed, even at the risk of affecting his own party. Thus, he has remained silent about other prosecutions, arguing that, as Prime Minister, he cannot interfere in judicial matters. However, in Veliaj’s case, Rama has not only broken the silence but has gone further, openly attacking SPAK and the prosecutors handling the case.

In the 48 hours following Veliaj’s arrest, Rama blocked the Tirana Municipal Council from initiating dismissal procedures against Veliaj and instead, de facto, assumed the role of mayor himself. Meanwhile, the SP base—including employees of the Tirana Municipality—was mobilized to stage a protest against SPAK and the Special Court of First Instance for Corruption and Organized Crime (GJKKO) which is currently handling Veliaj’s case. Reports indicate that SP supporters engaged in threats and physical attacks against prosecutors while Veliaj’s trial was ongoing, putting their safety at serious risk.

On Friday, February 14, GJKKO and SPAK issued a public statement denouncing particularly the State Police and the Guard of the Republic for their refusal to assist in safeguarding prosecutors and GJKKO staff against threats from the SP mob, in clear breach of the law.

This not only constitutes intimidation and direct pressure on judicial institutions, it also deepens state capture in Albania. By openly interfering in legal proceedings and mobilizing party-affiliated structures against independent bodies, Rama is further eroding the separation of powers, aiming to turn institutions meant to uphold justice into instruments of political control.

This systematic blurring of institutional independence undermines both the credibility of the judiciary and the broader rule of law, reinforcing a climate where legal accountability is subject to political interests rather than impartial enforcement. “Veliaj’s arrest,” Rama stated, “has strengthened our duty to remain unwavering guarantors of justice, ensuring maximum transparency in the pursuit of truth.” But, in a democratic system, justice and transparency can only be guaranteed if the executive refrains from interfering with or intimidating the judiciary, in addition to controlling other state institutions, as Edi Rama is currently doing.

This situation further amplifies the concerns raised by the EU Commission in its 2024 Rule of Law Report on Albania, which highlights persistent external pressure on the judiciary. The report emphasizes that attempts at interference by public officials and politicians in Albania not only undermine the impartiality of the courts and compromise the rule of law, but also diminish public trust in the legal system, thereby impacting the fairness and neutrality of judicial decisions.

Despite this, the EU, in the name of an illusory stability, continues to support Rama by remaining silent and failing to reiterate its own concerns and recommendations. This passivity is not just troubling—it is deeply compromising. By choosing to ignore the escalating threats against institutions like SPAK, which it has publicly endorsed, the EU is enabling erosion of the rule of law it claims to uphold. This discrepancy between the EU’s stated values and its actions undermines its credibility and also risks emboldening authoritarian practices within Albania, thereby jeopardizing the integrity of the country’s judicial reform and the broader EU enlargement process. In addition, it further fuels Euroscepticism in one of the most pro-EU countries in the Western Balkans (WB6).

Following the 16th SA Sub-committee Meeting on Justice, Freedom, and Security between Albania and the EU in Tirana on February 11-12, the EU Delegation to Albania issued a press release that failed to condemn the ongoing attacks on Albania’s judiciary or acknowledge the underlying factors and responsible actors, opting instead for a discourse that overlooks the root causes of the system’s vulnerability. Likewise, when directly asked about the Rama government’s attacks on the judiciary, the EU Delegation to Albania, again, stopped short of criticizing the government and other high institutions for their failure to fulfill their responsibilities and uphold the law, thus continuing to sidestep the issue.

According to the 2024 Corruption Perceptions Index (CPI) by Transparency International, Albania has improved by 5 points. This improvement is argued to have come as a result of the work of SPAK and GJKKO, which in recent years have conducted investigations against high-ranking officials from across the political spectrum. In light of this progress, members of the new opposition parties that emerged after the 2018-2019 student protests in Albania have welcomed SPAK’s decision to arrest Veliaj and also organized protests calling for Rama’s resignation, as well as expressing support for the anti-corruption body and urging SPAK and GJKKO to carry out their duties impartially and without interference.

So far, the mainstream opposition parties in Albania, including the Democratic Party (DP), Socialist Movement for Integration (LSI), and the Freedom Party (PL) led by former president Ilir Meta, who is also jailed on corruption charges, have remained silent in response to Veliaj’s arrest and Rama’s attacks on the judiciary. Furthermore, in a similar manner to Edi Rama and the SP, the traditional opposition, whose leaders have been indicted by SPAK, have targeted both SPAK and GJKKO with the same hostility.

Moreover, with Trump currently in power in the U.S., many of these actors are actively looking for opportunities to exploit the rapidly changing international landscape to gain leverage and undermine SPAK. Former Prime Minister Sali Berisha, who was released from house arrest in November 2024 but is still under investigation, is promising that if reelected in Albania’s parliamentary elections that are set for May 2025, he will dismantle SPAK.

In the current situation, the EU’s role and mediation become even more critical—not only for maintaining its credibility, but also for leveraging conditionality to support emerging opposition parties, civil society movements, and, likewise, dedicated and impartial prosecutors, ensuring they do not stand alone. Without a strong, decisive stance in the WB6, the EU risks enabling these countries’ slide into authoritarianism, where justice remains selective, opposition further disintegrates, democratic voices are silenced, and rule of law is little more than a façade.

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