Law enforcement and equal treatment of citizens in Albania: The need for a renewed agenda

Supported by:Friedrich-Ebert-Stiftung Tirana

Project:Measuring citizens' attitudes towards security and justice in Albania

This policy paper investigates the state of the application of the principle of equality before the law by the law enforcement agencies in Albania. The aims of the paper are: (i) to investigate the existence of institutional documents, strategies, instruments, and mechanisms for monitoring the equal implementation of the law, and compare it to the situation in a wider context of the Balkan region; (ii) to examine the quality of the concrete application of the principle of equality before the law using public data; and, (iii) to provide a set of recommendations to improve the mechanisms of equal application of the law and monitoring of the activities of law enforcement agencies concerning the equal application of the law.

To meet these goals, we used data obtained from the institutions that are the subject of this survey along with other organizations and institutions that have prioritized the investigation of this topic. To discuss the first aim, we used mainly data generated by the Albanian Security Barometer; while to extend the comparison at the regional level, we used data created by the Rule of Law Index. As for the second aim, we produced a list of questions and addressed the institutions subject to this study asking them to provide information about strategies, instruments, and mechanisms of the application and monitoring of the principle of equality before the law. Some of these institutions had not responded by the time this paper was published.

The findings of the paper suggest that the state of equal application of the law by security sector institutions in Albania is at least contestable. The situation is comparable to other Western Balkan countries, but far from the levels reported by the European Union member states. We have also found that security institutions lack the awareness and necessary mechanisms for the priority of implementing and monitoring the application of this important principle. Finally, we recommend: (i)  the establishment of a public forum to discuss and raise the awareness of security sector institutions and related entities, on the importance of establishing instruments for monitoring the implementation of the principle of equality before the law; and, (ii) the drafting the necessary documents that set measurable objectives for the implementation of the principle of equality before the law and establishing mechanisms for monitoring the equal application of the law by security sector institutions.