European integration, party governance and electoral system in Albania

Center for Southeast Europe Working Paper Series # 2 (2009) 1 European integration, party governance and electoral system in Albania Michaela Salamun, Zaim Hallunaj Abstract With elections scheduled for June 2009, the term of office of the current DP-led government is drawing to an end. It is therefore time for stocktaking regarding one of the highest priorities of Albanian politics, i.e. European integration policy. This policy has been set out in the Government Programme 2005-2009, promoted in annual progress reports of the European Commission, and coordinated and implemented by relevant institutions in Albania. The paper investigates, if certain policies regarding the democratic state, i.e. party governance and the electoral system, have actually promoted European models and moved the country closer to European values. It concludes that such policies have promoted European integration to some extent: Party governance has continued to be polarised between the main governing and opposition parties; however, inter-party compromise was found e.g. concerning constitutional amendments, although smaller parties protested the adoption of the new Electoral Code. The serious problem of corruption within both, the executive and the judiciary, still needs to be tackled in an adequate manner. Keywords European integration, Albania, democracy, party governance, electoral system The development of European integration essentially depends on the institutions and actors defining and implementing European integration policy. To be successful, the implementation of the Michaela Salamun is researcher and lecturer for public law at Graz University. She has a PhD in law and master degrees in law and English-American studies. She was a legal advisor for the OSCE in Albania (2000) and has held fellowships in the Western Balkans (2005/6), the European University Institute (2007) and Harvard University (2008). The author can be contacted at michaela.salamun@uni-graz.at. Zaim Hallunaj holds a law degree from Luigj Gurakuqi University of Shkoder and is a PhD candidate at Graz University. He is currently research assistant in a project funded by the European Parliament on property issues following the conflict in FRY at the Center for Southeast Europe at Graz University. The author can be contacted at z_halluni@yahoo.com.

2 Salamun, Hallunaj, European integration, party governance and electoral system in Albania sectoral acquis communautaire needs to be set within a political system based on a consolidated democracy and on stable institutions having adequate administrative capacity and applying the rule of law. These criteria have been developed by the Copenhagen and Madrid European Councils of 1993 and 1995, as well as within the Stabilisation and Association process (SAp), 1 such as in the General Affairs Council conclusions of 29.4.1997 and 21./22.6.1999, the final declaration of the Zagreb Summit of 24.11.2000 and the Thessaloniki Agenda. As a contribution to Europeanization studies, 2 this paper looks at how key aspects of European integration policy set out in the Government Programme 2005-2009 3 and the National Plan for the Implementation of the Stabilisation and Association Agreement (SAA) 4 2007-2012 (hereinafter National Plan) 5 have been reflected and evaluated in annual progress reports of the European Commission and the European Partnerships, which contain short and medium term priorities. The most recent draft of a revised European Partnership for Albania, which is based on the Progress Report of 1 2 3 4 5 See for Albania Kuko, Valbona, Stabilization and Association Process in Albania and Institutional Framework, December 2003, p. 6, at http://www.acital.org/publications/research_papers/dec_2003_ V_Kuko.pdf (31.12.2008). See e.g. Grabbe, Heather, How does Europeanization affect CEE governance? Conditionality, diffusion and diversity, Journal of European Public Policy, 8(6) (2001) pp. 1013-1031 and Schimmelfennig, Frank and Ulrich Sedelmeier, The Europeanization of Central and Eastern Europe (Cornell University Press: Ithaca, NY, 2005). See at http://km.gov.al/?fq=preprog/programien (30.12.2008). Developments were considered up to February 2009. The SAA was signed by PM Sali Berisha on 12.6.2006, after 3½ years of official negotiations involving 6 official rounds and 11 technical rounds, and represents a hard law instrument. It entered into force after ratification by all EU member states on 14.1.2009 (Greece was the last member state to ratify the agreement. Cf. http://www.mie.gov.al/?fq=ratifikimi&gj=gj1&kid=156 (28.1.2009)) and the Albanian Assembly (the latter ratified the agreement on 27.7.2006 by Law No. 9590, dated 27.7.2006.). The SAA will replace the Trade, Commercial and Economic Cooperation Agreement with the EC of 1992, which granted Albania autonomous trade measures that were extended by Council Regulation (EC) No. 2007/2000 of 18.9.2000 introducing exceptional trade measures for countries and territories participating in or linked to the EU s SAp. See for these developments also Johnson, Ailish M., Albania's relations with the EU: on the road to Europe?, Journal of Southern Europe and the Balkans, 3(2) (2001) pp. 171-192. In the meantime, an Interim Agreement (IA) that deals mainly with trade-related issues entered into force on 1.12.2006. Council Decision 2006/580/EC of 12.6.2006 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the EC, of the one part, and the Republic of Albania, of the other part. Adopted by CoM Decision No. 577, dated 5.9.2007. In addition, there is the National Action Plan for the Approximation of Laws.

Center for Southeast Europe Working Paper Series # 2 (2009) 3 2007, was adopted on 18.2.2008. 6 In particular, the paper examines how party governance and the electoral system have developed in view of recent European integration processes. A. The key importance of European integration The current government is headed by the Democratic Party of Albania (Partia Demokratike e Shqipërise, DP) 7 that gained 56 of the 140 mandates (its coalition gained 80 seats) in the general elections of 3.7.2005. Thus it took over power from the former government led by the SP (Partia Socialiste e Shqipërise, PSSH; hereinafter SP). 8 The Government Programme 2005-2009, which was presented in the Assembly on 9.9.2005, mentions European integration among the major objectives of Albanian society and governance (Point 1): The new majority considers indispensable the undertaking of radical changes in governance, inter alia, by offering the European integration of the country (Point 4). It guarantees successful conclusion of the first phase of the SAA and the opening of the EU membership application process (Point 7). The Programme 6 7 8 Council Decision 2008/210/EC of 18.2.2008 on the principles, priorities and conditions contained in the European Partnership with Albania and repealing Decision 2006/54/EC. Other parties in parliament from the right spectrum are: the Republican Party (Partia Republikane, PR), Christdemocrat Party (Partia Demokristiane, PDK), New Democratic Party founded by Genc Pollo in January 2001 (Partia Demokrate e Re, PDR), and the Liberaldemocrat Party (Bashkimi Liberal Demokrat, BLD). In addition, in 2008 the Party Justice and Law (Partia Drejtësí dhe Ligj) was founded under the former head of the parliamentary Committee on Legal Affairs, Spartak Ngjela. Other parties in parliament at the left spectrum are: the Socialist Movement for Integration (Lëvizja Socialiste për Integrim, LSI; seceded from the SP headed by the former PM Ilir Meta in September 2004), Socialdemocractic Party of Albania (Partia Socialdemokrate e Shqipërise, PSD), Party Social Democracy of Albania (Partia Demokracia Sociale e Shqipërise, PDSSH; seceded from the PSD headed by the former Foreign Minister Paskal Milo in April 2003) and the Democratic Alliance (Aleanca Demokratike, AD). In addition, in 2007 the Movement for Solidarity (Lëvizja për Solidaritet) was founded by former PM Fatos Nano and in 2008 the following political groupings were founded: G 99 under the former leader of MJAFT, Erion Veliaj, as well as the PS 91 under Petro Koçi. The Agrarian Environmental Party (Partia Agrare Ambientaliste, PAA; formerly PASH) and the Party Union for Human Rights (Partia e Bashkimit për të Drejtat e Njeruit, PBDNj), which represents the interests of the minorities, have been in SP as well as in DP led government coalitions. See for a directory of political parties also Barjaba, Kosta and Martin Leka, A Directory of Political Parties in Albania, Barjaba, Kosta (ed.) Albania's democratic elections, 1991-1997. Analyses, documents and data (Sigma: Berlin 2004) pp. 9-20.

4 Salamun, Hallunaj, European integration, party governance and electoral system in Albania emphasizes the government s will to give priority to those areas that have clearly been indicated as problematic in periodic evaluations by the Commission. Such areas are the achievement of European standards of a democracy based on free and fair elections, the rule of law, border security, respect of human rights and minorities and a free market economy (Point 40, xxvii). In addition, the following issues are seen as major criteria for fast integration into the EU: fight against corruption, organized crime, trafficking and terrorism, good neighbouring and cooperation for peace and prosperity (Point 38). Under the heading Implementation and coordination of reforms for Europeanization and integration the government emphasizes that the European integration rests in the hands of Albanians themselves and that the responsibility of the Albanian political class in general and of the government in particular assumes a greater importance. After signing the SAA and fulfilling all the standards of citizens identification and registration as well as efficient border controlling, the government promises to make efforts to ensure the free movement of Albanian citizens in the EU (Point 40, xxvii). Most importantly, the whole Government Programme is designed and to be implemented so as to achieve all the required standards that will lead to full membership in EU and NATO in the near future (Point 40). 9 The entire Programme therefore is centred on the most important goal, i.e. making the country ready for EU membership. B. Democratic state The Government Programme 2005-2009 mentions among the fundamental goals of reform the development and consolidation of the democratic state, the restoration of the rule of law and uprooting of the system of corruption (Point 8), which will be designed and implemented with a view to fit European models and to attain European standards (Point 10). The following sections examine how certain aspects of the democratic state, namely party landscape and the electoral system, have developed towards the goals of the Government Programme and European standards set out in annual progress reports of the Commission, taking account of the assertion that in the case of Albania conditionality does not sufficiently work towards reform. 10 9 10 The new Statute of the SP of 2.6.2007 defines the party as a modern party of the left centre with a European direction (preamble). Its party programme of 14.8.2007 includes the vision of a European Albania that is met with respect in Europe, while crime, corruption and informalities are rejected (p. 3). See at http://ps.al/. Hoffmann, Judith, Integrating Albania: The Role of the European Union in the Democratization Process, Albania Journal of Politics, 1(1) (2005) pp. 55-74. The

Center for Southeast Europe Working Paper Series # 2 (2009) 5 1. Party governance As regards the party landscape, the polarisation between the two major political parties, the SP and the DP, has been a long-term characteristic of Albanian politics since the fall of communism. 11 In its report of 2004, which dealt with the first year after the negotiations for the SAA had started, the European Commission noted that the medium-term interest of the country was often sacrificed to shorterterm, narrower political interests: A hostile political climate, besides frequent quarrels for power within the then ruling party, the SP, and heated rhetoric, conflicts between SP and DP held back necessary reforms. 12 The polarisation between the parties has decreased to some extent over time, 13 but still exists today: It becomes evident especially in the context of elections (see below) or, e.g. in 2008 in the context of amendments to the legalisation law, which had been rushed through parliament with the votes of the majority, were returned by the President of State to the Assembly subsequently, where they did not receive the necessary majority of votes first, as the SP, who claimed its recommendations had not been considered duly in the draft, had left the parliamentary session in protest. 14 The amendments were adopted nevertheless one week later. 15 The Government Programme 2005-2009 refers to the former government in a very negative way as follows: the establishment of the corruption system, the violation of free elections and the weak and biased implementation of reforms have caused Albanians to lose confidence in the state institutions, which are inefficient, weak, nontransparent and profoundly corrupted (Point 11). These deficiencies are to be overcome by a comprehensive programme of institutional and legal reforms oriented towards European models and standards; 11 12 13 14 15 opposite applies to Romania and Macedonia according to Demetropoulou, Leeda, Europe and the Balkans: Membership Aspiration, EU Involvement and Europeanization Capacity in South Eastern Europe, Southeast European Politics, 3(2-3) (2002) pp. 87-106, However, in 1991 Law No. 7491, dated 29.4.1991, on the major constitutional provisions was adopted in consensus with the opposition. Cf. European Commission, Stabilisation and Association Report 2004, Brussels xxx, SEC(2004) 374/2, {COM(2004) 203 final}, pp. 2, 18, 19. For example, in 2002 former President of State, Alfred Mojsiu, was elected in a consensus between DP and SP. Cf. Braushi, Fejzi, Shtyhet dekreti për legalizimet, mungojnë deputetët e djathtë, Shekulli, 3.6.2008, 08:08:00, at http://www.shekulli.com.al (10.6.2008). Cf. Braushi, Fejzi, Kuvend, PD miraton ligjin për legalizimet, Shekulli, 10.6.2008, 08:20:00, at http://www.shekulli.com.al (15.6.2008).

6 Salamun, Hallunaj, European integration, party governance and electoral system in Albania they relate to election reform in collaboration and with the consent of the opposition, and institutional reforms to increase the efficiency, effectiveness and accountability of the fundamental state institutions, leading to the consolidation of the democratic system and the observance of fundamental human rights and freedoms (Point 12, i). Quarrels between SP and DP were evident also in the context of the signature of the SAA on 8.2.2006 by the Minister of European Integration, which was mirrored in the party newspapers as follows: Rilindja Demokratike, the newspaper of the DP, included a comprehensive report on the signature of the SAA by the Minister and noted critically that, besides former PM Ilir Meta and former Minister for European Integration, Sokol Nako, both from the LSI, no opposition member participated in the important ceremony, although invitations had been sent to all members of the negotiation delegation. 16 On the other side, Zëri i Popullit, the newspaper of the SP, noted that the ceremony was merely about signature of the SAA and not its ratification; moreover, SP members had not been invited. 17 The SAA creates the commitment to political, economic and institutional stability in Albania as well as to democratic principles and human rights (Arts. 1, 2). In a similar tone as the 2004 report, the 2007 Progress Report mentions that there was little progress towards constructive consensus between political parties on implementing necessary reforms: Parliamentary work was often dominated by a short-term political agenda, which polarised debate, and parliamentary decisions were often delayed due to disputes focused on narrow party interests or rushed without proper preparation and discussion. 18 Nevertheless, the Government Programme asserts that the new majority is committed to provide more room to the role and activity of the opposition, its rights, requests and proposals (Point 12, ii, 1). Thus, for instance, a compromise between DP and SP was reached in the election of the current President of State, Bamir Topi, by the required three-fifths majority at the fourth election round in the Assembly in July 2007, which prevented the conduct of early general elections. Constitutional amendments adopted in a consensus of the parties have subsequently changed the electoral system from a mixed first-past-the-post and 16 17 18 Cf. Rilindja Demokratike, 9.2.2006, at http://www.rilindjademokratike.com/. Cf. Zëri i Popullit 9.2.2006, at http://www.zeripopullit.com/. See also Salamun, Michaela, Albanien. Ein langer Weg in die EU,Ost-West-Gegeninformationen, 4 (2005) p. 18. Cf. Progress Report 2007, p. 6.

Center for Southeast Europe Working Paper Series # 2 (2009) 7 proportional one with the constitutional goal of proportionality, to a purely proportional system (see Section b. below). While a certain degree of party political tensions forms part of any democratic decision-making process, the willingness and ability to negotiate and keep a compromise agreement is crucial for building sustainable institutions. It seems somewhat at odds, if the DP aims to achieve reform in collaboration and with the consent of an opposition that has been made responsible for a basically non-functional state in the Government Programme. At the same time, the SP has used the power of its parliamentary representation to prevent the adoption of reform legislation, with seemingly little room for political compromise. Reports in the newspapers tend to blame the respective opposite side. Recently, the electoral code has been adopted with the consent of the DP and SP, however, consensus was not achieved with the smaller opposition parties which protested its adoption, including even a hunger strike in the Assembly led by the LSI (see also Section 2 below). Although the 2008 Commission Report acknowledges that political forces have started to cooperate on major issues and that the consensus between DP and SP has led to progress in judicial and electoral reforms, the constructive dialogue between political parties and with stakeholders on implementation of reforms, which are key European Partnership priorities, needs to be increased. 19 Considering the fact that both sides, left and right, are in favour of accession to the EU, it would be an interesting idea, if accession - as well as the most important reforms required to attain European standards - could be achieved in a stable consensus between parties from the left and the right political spectrum, perhaps in a kind of all-party-cooperation. This would emphasise the importance of EU accession in terms of overcoming traditional dividing patterns of the Albanian political landscape. 2. Electoral system As regards electoral reform, the election system and the conduct of elections have been fiercely fought about by the DP and the SP since the 1990s. There have been amendments to the Electoral Code, based mostly on recommendations by international organisations, each time after a new government came to power, and election results were 19 Cf. Progress Report 2008, p. 6.

8 Salamun, Hallunaj, European integration, party governance and electoral system in Albania questioned by the losing party as being a product of electoral manipulation. 20 While the Government Programme 2005-2009 pledges election reform in collaboration and with the consent of the opposition (Point 12), the 2007 Progress Report notes that polarisation between DP and SP held back reform, particularly in the electoral and judicial fields. For example, political disputes delayed the spring 2007 local elections and led to many technical shortcomings and an opposition boycott of a parliamentary by-election. 21 The revised European Partnership states as a short-term key priority promoting constructive dialogue between political parties and with stakeholders on the implementation of reforms. This is necessary to implement the recommendations by the Office for Democratic Institutions and Human Rights (ODIHR) of the OSCE on elections, which require, inter alia, improvement of voters lists and amendment of the Electoral Code 22 in line with Venice Commission recommendations, in good time for the next parliamentary elections. 23 Opinion No. 435/2007 of 23.10.2007 of the Venice Commission basically states that through different strategies the political parties were able to circumvent the constitutional goal of proportionality in both, the 2005 and the 2001 parliamentary elections, as they obtained a disproportionate share of the seats by using the possibility for party coalitions to split the votes between them and their allies. 24 However, rather than simplifying the formula, the government had further complicated it in amending the Electoral Code. While the electoral system had been abused by political parties in the 2005 elections, the Opinion noted that elections formed the basis for democratic governance and were not games for the political parties to manipulate. It was recommended that the Electoral Code should establish a less complex electoral system that is transparent, easily implemented and clearly and completely understood by voters. 25 This was taken up in the short-term priorities (2007-2008, now (January 2009) changed to 2008-2009 in the Albanian version) of the National Plan. 26 20 21 22 23 24 25 26 See e.g. ODIHR reports. Cf. Progress Report 2007, p. 6. Law No. 9087, dated 19.06.2003, Electoral Code of the Republic of Albania, as amended. Cf. European Partnership, p. 6. Cf. European Commission for Democracy through Law (Venice Commission), Opinion No. 435/2007 of 23 October 2007, Joint Opinion on amendments to the Electoral Code of the Republic of Albania (Strasbourg/Warsaw, 23.10.2007) CDL-AD(2007)035, p. 10. See also OSCE/ODIHR Election Observation Mission Report, Republic of Albania, Parliamentary Elections 3 July 2005 (Warsaw, 7.11.2005) pp. 4. Cf. id. Cf. National Plan, p. 23.

Center for Southeast Europe Working Paper Series # 2 (2009) 9 In the context of electoral reform, a new ad hoc Parliamentary Committee on Electoral Reform was established in the Assembly in May 2006. 27 However, due to a lack of constructive participation by political parties, 28 or, as the National Plan states, the opposition s obstacles and its continuous request to postpone the local elections until spring 2007, 29 no progress was made initially. Following political agreement, the Committee restarted work by the end of August 2006. 30 As it failed to achieve its mission, the majority submitted draft constitutional amendments to the Committee of Legal Issues, Public Adminstration and Human Rights on 24.11.2006. After political parties and coalitions had reached an agreement at a roundtable initiated and presided over by the former President, Alfred Moisiu, on 12 January 2007, 31 the first-ever amendments of the 1998 Constitution were adopted. 32 Following the local government elections on 18.2.2007, electoral reform was to be undertaken with a wide consensus among the political forces of the majority and the opposition, which would be as long-term as possible. 33 By unanimous agreement, on 17.5.2007 the Assembly established a Special Parliamentary Committee for Electoral Reform comprising 18 members, 9 from the majority group and 9 from the opposition. The OSCE/ODIHR recommendations were seen as the basis for the reforms. 34 After the first amendments of the Constitution in January 2007 had changed the composition of the Central Elections Commission (CEC), 35 the second amendments in April 2008 completely deleted the 27 28 29 30 31 32 33 34 35 Decision of Parliament No. 38, dated 18.05.2006, on establishing a Special Parliamentary Committee for Electoral Reform. Cf. Report 2007, p. 7; OSCE/ODIHR, Interim Report 1, Local Elections 2007, 13 31 December 2006, pp. 1. Cf. National Plan, p. 22. Decision of Parliament No. 58, dated 4.9.2006, on postponing the period of activity for the Special Parliamentary Committee for Electoral Reform. In a second decision the Committee was granted an extension up to 15.11.2006. Cf. id. Cf. OSCE/ODIHR, Interim Report 2, Local Elections 2007, 1 14 January 2007, p. 3. They extended the period for local elections from 3 to 4 years and changed the composition of the CEC. Law No. 9675, dated 13.1.2007 on some changes to Law No. 8417, dated 21.10.1998, Constitution of the Republic of Albania. Cf. National Plan, p. 22. Cf. id, p. 23. The CEC is a permanent organ that prepares, supervises, directs, and verifies all aspects that have to do with elections and referenda and declares their results (Art. 153 Constitution, now abolished). The composition was enlarged from 7 to 9 members (Art.

10 Salamun, Hallunaj, European integration, party governance and electoral system in Albania CEC from the Constitution. 36 Moreover, they abolished the mixed first-past-the-post and proportional electoral system with the constitutional goal of proportional representation, in favour of a purely proportional one: All 140 deputies of the Assembly are now elected in the proportional system with multi-name electoral zones, which correspond with the administrative division of one of the levels of the administrative-territorial organization (Art. 64, paras. 1 and 2 Constitution). Details, such as the criteria and rules for the implementation of the proportional electoral system, the determination of the electoral zones and the number of seats to be obtained in each zone, are to be determined in the Electoral Code (Art. 64, para. 3 Constitution). An ad hoc Committee was established in July 2008 to draft amendments of the Code. 37 The new Electoral Code was adopted by Law No. 10019, dated 29.12.2008. Another constitutional amendment excludes the possibility to change the order of the candidates on the lists: The candidates for deputies are proposed at the level of the electoral zone by political parties, electoral coalitions of political parties and the voters; the order of the candidates on the multi-name lists cannot be changed, after it has been submitted to the respective electoral commission (Art. 68, para. 1 Constitution). 38 The new Electoral Code increased the electoral threshold from 2.5% to 3% of the valid votes for parties and from 4% to 5% for coalitions (Art. 162, para.1), which was met with harsh protests by smaller parties. The Communication from the Commission on the Western Balkans of March 2008 makes further progress towards the EU conditional on, in particular, satisfactory implementation of the SAA, ensuring that future elections will meet international standards and strengthening the rule of law, especially the fight against corruption and organised crime. 39 The changes made in the constitutional amendments to the 36 37 38 39 154 Constitution, now abolished). The new Electoral Law provides again for 7 members to be elected by the Assembly (Arts. 12). Law No. 9904, dated 21.4.2008, on some changes to Law No. 8417, dated 21.10.1998 Constitution of the Republic of Albania, as amended. Cf. Progress Report 2008, p. 6. See Decision of Parliament No. 192, dated 30.6.2008; Decision No. 198 of 28.7.2008 extended the activity until 30.9.2008. Cf. National Plan (Albanian version as of January 2009) p. 13. Moreover, the election modus of the President of State was changed by the constitutional amendments: In the fourth and fifth voting rounds a simple majority of all Assembly members is now sufficient, while the three-fifths majority is retained in the previous rounds (Art. 87 Constitution). Cf. Communication from the Commission to the European Parliament and the Council, Western Balkans: Enhancing the European perspective, COM(2008) 127 final,

Center for Southeast Europe Working Paper Series # 2 (2009) 11 electoral system will prevent future abuse in the way this was done in the 2005 elections. However, whether the election results will be accepted by the opposition and the smaller parties, will also depend on whether the assurances by political leaders regarding constructive relationship and an improved political climate will result in practice in a cooperative approach to political competition. C. Outlook The establishment of a democratic system based on the rule of law and its observance was already mentioned by former President of the Commission, Romano Prodi, when negotiations for the SAA were opened on 31.1.2003. 40 Today, after the SAA has entered into force the long-term polarisation between the two major political parties, the SP and the DP seems to be weakened somewhat on a case-by-case basis covering those issues which are considered top priority in the European integration process, such as amendments to the Constitution regarding inter alia the electoral system. This new political consensus seems to acknowledge that in a democratic system polarisation which obstructs important legislative proposals needs to be substituted by a readiness for negotiation and political compromise. The consensus could be extended to a temporary all-party-eu-cooperation, which would agree on important issues in the context of the SAp and EU accession. Similar agreement was reached already at the initiative of former President Mojsiu in January 2007 and in the constitutional amendments in 2008, however, could not be maintained in the adoption of the new Electoral Code. Another more serious problem hampers the development of the democratic state: Although a number of officials as well as a former deputy minister have been criminally prosecuted 41 and a minister, after being put under pressure, has resigned, corruption remains a serious problem, which undermines the proper functioning of the state. Maybe the lack of resources for many government policies could also be seen in this context. When casting their vote, Albanian voters tend to vote according to traditional voting behaviour, based on clan or extended family structures, for one of the two big parties. 40 41 {SEC(2008) 288}, (Brussels, 5.3.2008) p. 21. See at http://ec.europa.eu/external_relations/news/prodi/spal03.htm. 171 in 2004, 76 in 2003 and 58 in 2002. Cf. the respective Commission reports.

12 Salamun, Hallunaj, European integration, party governance and electoral system in Albania However, the replacement of employees of public institutions with members from the winning political party has become a pattern which has characterised Albanian politics following government changes 42 : From 1992-1995 it was estimated that about 60% of the personnel in the judiciary had been replaced, some of them being accused of corruption, while according to Human Rights Watch/Helsinki it was not possible to determine with certainty how many were removed for political reasons. 43 Today judges enjoy a greater degree of independence, although corruption within the judiciary is not sufficiently dealt with. Rather, replacement is affecting employees of public institutions: In contrast to 1997, when the SP took over power and replacements of officials took place, 44 today replacement is de jure rendered more difficult by the Civil Service Law; however, the latter is not always applied and its rules govern only a limited number of civil servants. 45 Therefore, government changes have only shown how one administration and its public servants are replaced by another. As a result, real and durable change can only result from the requirements posed by European integration within the SAp together with effective assistance in building sustainable institutions, which do not depend and consequently are not renewed by each successive government. 42 43 44 45 Since the first post-communist elections in 1991, in which the SP won a majority of votes, there have been three changes in government (1992 democratic majority, 1997 socialist majority, 2005 again democratic majority). Cf. Human Rights Watch, Human Rights in Post-Communist Albania, report written by Fred Abrahams, New York et al, 1996, p. 16. Cf. Schmidt-Neke, Michael, 555 Jahre und ein halbes: Vorläufige Bilanz des Machtwechsels in Albanien, Südosteuropa, 46(12) (1997) p. 634. Thus it has been argued that the criteria for hiring are nepotism, clientelism, bribery and political militantism. Bogdani, Mirela and John Loughlin, Albania and the EU. European Integration and the Prospect of Accession (Dajti: Tirana, 2004) p. 52.

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