Discussion Forum – Security Measures, Privacy, and Identity in the Albania of Tomorrow, 8 July 2025

On July 8, 2025, the latest discussion forum focusing on Chapters 23 and 24 was held, organised by the European Movement in Albania (EMA). The aim of the forum was to foster dialogue on the challenges and priorities in the fields of justice, fundamental rights, and security, in alignment with EU standards. Moderated by journalist Denisa Pasholli, the discussions were guided by the findings and recommendations presented in four selected articles published in the Albanian Law Journal (ALJ), an EMA initiative.

In her opening remarks, Denisa Pasholli, Journalist at A2CNN, stated that although laws in Albania are often well-drafted and grounded on strong substantive principles, their implementation remains problematic and faces significant obstacles. Through the four articles selected from the Albanian Law Journal, she highlighted the forum’s objective: to assess the current situation and reflect on whether Albania is drawing closer to or moving further from European Union standards. Pasholli further emphasized that beyond the forum itself, the publication of such analytical and legal articles provides experts with a platform to share their perspectives, legal analysis, and policy recommendations on a range of issues. These include ongoing reforms and efforts related to the EU integration process. The topics addressed—disproportionate judicial measures in Albanian courts, the fight against cybercrime, financial security, human rights, and migration—represent core and pressing matters that are also central to this forum’s discussions.

Nirvana Deliu, Project Director at the European Movement in Albania (EMA), in her welcoming remarks, highlighted that through the EU-supported three-year project, a meaningful link has been established between the public calls for papers for the Albanian Law Journal and the organisation of discussion forums. These forums serve as a platform where selected authors published in the Albanian Law Journal are invited to present their analysis and expertise in an open dialogue with civil society representatives, experts and professionals, researchers, academics, and journalists. Deliu emphasized that interest in contributing to the Albanian Law Journal has grown steadily with each call for papers. In the most recent call, over 35 article proposals were submitted, out of which approximately 15 were selected for publication. In conclusion, she encouraged broader engagement with these opportunities, stressing that now is a crucial moment to critically and objectively assess developments, particularly in areas considered fundamental, and to engage in open, informed dialogue through these forums.

Armand Braho, Journalist and Lecturer, as well as author of the article “Disproportionality in the Imposition of Personal Security Measures in Albanian Courts: The Frequent Use of Pre-trial Detention for Low-Risk Offenses Instead of Alternative Measures – A Case Study of the Korçë District Court”, began his analysis by addressing two fundamental aspects of the Albanian justice system. First, he examined whether the system is characterised more by restorative or punitive elements; and second, he evaluated whether the high frequency of pre-trial detention is justifiable, especially given the lack of adequate consideration for relevant circumstances and contextual factors in its application. Braho emphasized that one of the most pressing concerns in the Albanian penitentiary system is prison overcrowding, which is closely linked to the excessive use of custodial measures, even for offenses considered to pose low risk. He noted that the judiciary often neglects to apply alternative sentencing options, leading to an unnecessary burden on both the justice system and the prison infrastructure. The extensive use of pre-trial detention—often reported as a routine practice—was identified by Braho as a key contributing factor to this alarming situation. To support his analysis, he presented a series of data and statistics collected through freedom of information requests addressed to various courts across the country. These data revealed concerning trends, particularly in the Korçë District Court, where more than 45% of reviewed cases involved pre-trial detention, including for offenses that, under different circumstances, could have been addressed through alternative measures such as probation or suspended sentences. In concluding his remarks, Braho offered several recommendations aimed at improving the situation. These included the need to strengthen the professional capacities of magistrates and judicial staff through advanced training programs, with a focus on best practices in sentencing and the application of security measures. Such efforts, he argued, should align with international standards and safeguard fundamental human rights.

Irena Staka, Coordinator at the Directorate of Criminal and Civil Law within the General Directorate for Codification and Harmonization of Legislation at the Ministry of Justice, and author of the article “Criminal Legislation on Cybercrime: Harmonization with the Budapest Convention and the EU Acquis”, emphasized during her remarks the growing importance of combating cybercrime, which she identified as one of the most pressing challenges Albania has faced in recent years. She noted that considerable efforts have been made to harmonise Albanian legislation with international standards, particularly with the provisions of the Budapest Convention and relevant EU directives. Staka outlined key amendments to the Criminal Code and related sectoral legislation, highlighting notable progress in strengthening the legal framework for addressing cybercrime. Special attention was given to the Second Additional Protocol to the Budapest Convention, which provides mechanisms for the exchange of electronic evidence, including direct requests to service providers and access to data stored on cross-border servers. The purpose of this instrument is to streamline procedures for equipping law enforcement authorities with the necessary evidence, thus avoiding time-consuming bureaucratic channels through the Ministry of Justice, the Prosecutor’s Office, or the State Police. However, Staka pointed out that, despite Albania having signed this protocol, its implementation in practice remains limited and has yet to become operationally effective. She stressed the importance of developing technical capacities and fostering public awareness as essential prerequisites for ensuring a secure and efficient legal environment in the digital age. Beyond legislative alignment, Staka emphasized that the effective functioning of international instruments—such as the Second Protocol—is critical for a coordinated response to cybercrime. She further highlighted the necessity of both inter-institutional and international cooperation and analyzed practical challenges in implementing the new standards, such as the lack of specialized expertise and limited resources.

Ana Duraku, Attorney at Meksi Law and Consulting, and author of the article “Financial Confidentiality and the Right to the Protection of Financial Data in the Context of the European Union,” addressed the challenges related to the digitalisation of public and financial services and its impact on the protection of personal financial data in EU candidate countries, with a particular focus on Chapter 23 of the integration process. At the beginning of her analysis, Duraku emphasized the importance of clarifying key terminology related to financial data, including those concerning transactions and sensitive payment data. She also discussed the legal instruments of the Council of Europe that address the protection of such data, such as Recommendation (90)19 of 1990, which deals with the protection of personal data used for payment and related operations, and Convention 108 on the protection of individuals against the automated processing of personal data. Duraku highlighted that, although financial data are not directly classified as “sensitive data,” their impact on individuals’ personal and economic lives grants them special significance—both from a practical and legal perspective. She further noted that information on financial transactions, bank accounts, and spending patterns can reveal significant insights into an individual’s lifestyle, consumer behavior, and personal choices, thereby having the potential to affect their personal rights and freedoms. Duraku also stressed the importance of aligning the legislation of EU candidate countries with the European Union’s requirements regarding the protection of financial data, as a crucial step toward ensuring security and trust in digital services.

Elsa Dragoti, External Specialist for Civic Education at the Parliament of Albania, and author of the article “A New Narrative for the European Migration Policy: The New Return Rules in the Light of Human Rights Protection,” focused on the latest developments in the European Union’s migration policy and their impact on safeguarding the fundamental rights of individuals facing return procedures. Dragoti examined the EU’s new policies on managing irregular migration, analyzing the legal and social implications of these policies, as well as the challenges they present in ensuring the protection of human rights. She placed particular emphasis on vulnerable groups and on cases brought before the Court of Justice of the European Union (CJEU). A key aspect of Dragoti’s speech was the need to achieve a sensitive balance between border control and respect for individuals’ fundamental rights. She underlined the importance of aligning return policies with the highest international standards for human rights protection, offering recommendations to improve practices and ensure a more humane and just approach to migration. In conclusion, Dragoti called for a more coherent and sustainable approach, in which the EU’s migration policy can effectively balance the need for security and border control with a strong commitment to the protection of human rights—especially for those most at risk.

Participants, including representatives from civil society, academia, the media, and other sectors, discussed the importance of recognising accurate statistics related to arrest measures and the use of imprisonment, emphasizing that this is essential to better understand the existing disproportionalities in this field. They stated that the challenges posed by the potential mass arrival of foreign workers in the country should also be taken into consideration. According to them, once Albania becomes a member of the European Union and the Balkan route is no longer seen merely as a transit corridor, a portion of these workers may remain permanently on Albanian territory. Participants also expressed concerns regarding the improvement of living and working conditions for foreigners in Albania, who are currently facing inadequate conditions. They discussed the opportunities provided by the Law on Foreigners to address these issues and ensure the protection of their rights, suggesting that this law could play an important role in creating better conditions for work and life for migrants.

*This discussion forum takes place within the framework of the “Building Partnership on Fundamentals: Empowered CSOs in the EU  accession process” project, with the financial support of the European Union – IPA Civil Society Facility 2021, which is implemented by the European Movement in Albania and in cooperation with the Academy of European Integration and Negotiations (AIEN), Slovak Foreign Policy Association (SFPA) and the Center for Transparency and Freedom of Information (CTFI).