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The general revision of the Criminal Code is an important and complex process, with a potential long-term impact on society and the justice system, the EU underlines the importance of ensuring a comprehensive and full consultation with all key justice institutions and rule of law actors...
The European Union, through its Delegation Office in Tirana, has rejected the proposed draft regarding the new Criminal Code.
A few hours after Prime Minister Edi Rama revealed that this draft was drafted by Arben Rakipi, head of the School of Magistrates, and a group of experts, and said that it would not be passed for approval in the Assembly without prior agreement from the European Union or its experts who are attached to Albania, there was a reaction from the EU Delegation office in Tirana, clearly expressing objections to the proposed draft.
Although supporters of these changes say that the draft brings Albania closer to the European Union, the Delegation in its reaction maintains an opposite position, even raising the alarm that the legal changes proposed by the working group may have a negative impact on citizens' rights, freedom of expression and freedom of the media.
The EU Delegation emphasizes that it has received notification of the presentation of the draft amendments to the Criminal Code, but was not part of this expert group.
"These provisions are not in line with EU standards and we are confident that, within the framework of the consultation process and within the framework of the membership commitments, these concerns will be addressed," the EU office's response to Panorama states.
The EU Delegation underlines the importance of ensuring a comprehensive and full consultation with all key justice institutions and rule of law actors, as well as with civil society, to guarantee the highest quality of the legislation to be adopted.
"The European Union has received notification of the presentation of draft amendments to the Criminal Code, the result of the work of a group of experts commissioned by the government.
The European Union was not part of this expert group and is currently reviewing the proposed draft amendments, which cover a wide range of issues.
However, we are aware of the serious concerns expressed by representatives of the justice system, as well as civil society, regarding some of the proposed amendments. We are particularly concerned about the legal amendments proposed by the working group, which may have a negative impact on citizens' rights, freedom of expression and freedom of the media.
These provisions are not in line with EU standards and we are confident that, within the consultation process and within the framework of the membership commitments, these concerns will be addressed.
The general revision of the Criminal Code is an important and complex process, with a potential long-term impact on society and the justice system. The EU underlines the importance of ensuring a comprehensive and full consultation with all key justice institutions and rule of law actors, as well as civil society, to guarantee the highest quality of the legislation to be adopted.
As part of its European Union accession negotiations, Albania is expected to amend a number of specific provisions of the Criminal Code to align it with European standards and EU legislation.
In the short term, the EU encourages Albania to prioritize those legislative changes that are necessary to meet the intermediate standards set out in the EU Common Position for Group Chapter 1 (e.g. decriminalization of defamation, review of the legal framework on drug trafficking, human trafficking, child abuse, firearms, money laundering). The EU stands ready to provide technical assistance in this regard”, the EU Delegation's response states.
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