Thursday, June 04, 2020

As that the first stage of coping with the pandemic has passed, it’s worth undertaking an analysis of the functioning of the rule of law and of the proportionality of the measures undertaken during this period of a state of emergency. With this intention in mind, the Academy of Political Studies initiated during the month of May a round of online discussions with a group of its alumni. The ideas and findings of these discussions served to draft this analysis on the legal amendments and normative acts that have been approved under the state of emergency. We hope that these recommendations may serve to improve decision making in the event that the risk of the pandemic shall return in the months of autumn. Below is a list of problems encountered during these first months of the state of emergency due to the pandemic.

• Lack of a due legal process
• Unconstitutional amendments of the Criminal Code
• Conditional “compensation” for businesses
• Derogation from the European Convention on Human Rights

Based on the above findings, the following are a few recommendations suggested for the further management of the state of emergency:

1. Development of a risk assessment document as well as a corresponding institutional action plan in the current situation of COVID-19.  
2. Returning to the normal functioning of the judicial system to ensure due legal process. The damage that may come to people from the absence of justice may be just as risky as that from the pandemic.
3. Coordination of the restrictive measures and the limitation of rights in Albania with the recently drafted standards from the European Union and the Council of Europe.

The document might be downloaded here