Cluster 1 – Fundamentals

The first cluster of chapters is the Fundamentals, which includes the foundations of the rule of law and democracy. This cluster consists of 5 chapters which will be opened simultaneously, being the first chapters opened in the context of approximating the Albanian legislation with the acquis and the last to be closed.

Chapter 23 on the Judiciary and Human Rights. This chapter aims to achieve an impartial and efficient judicial system that ensures the rule of law and its effective implementation. It also aims to guarantee due process based on constitutional principles and the European Convention on Human Rights. Member States and acceding countries must effectively fight against corruption to ensure the stability of democratic institutions and the proper functioning of the rule of law.
This chapter consists of these issues:
1- Functioning of the judiciary
2- Fight against corruption
3- Fundamental rights

After the opening of negotiations for Cluster 1, several interim benchmarks have been set for this chapter:

Albania further implements its comprehensive justice reform, delivering improvements in impartiality, independence, accountability, professionalism, quality and efficiency of the judicial system. In particular, Albania will meet this benchmark once it has:

• Continued good implementation of justice reform, to be consolidated in line with the relevant EU acquis and European standards;
• Strengthened independence and accountability by orderly completion of the vetting process, under the oversight of the International Monitoring Operation and sustained accountability and integrity in the judicial system at all levels post-vetting
• Improved the quality of the judiciary, including by significant reduction of evaluation backlog by reaching two thirds of the annual planning projections enhancing the quality of initial and continuous training, strengthening the School of Magistrates
• Enhanced gradually the efficiency and performance of Courts and prosecution offices and promoted quality justice services, promotion of alternative dispute resolution and establishment of a well-functioning integrated case management system.

Albania makes significant further progress tackling and preventing corruption. In particular, Albania will meet this interim benchmark once it has:

• Enhanced operational capacities and consolidated financial and human resources of the
  specialised anti-corruption bodies and ordinary judicial institutions to fight corruption;
• Made tangible progress at all levels towards a solid track record of investigations, prosecutions, and convictions in corruption cases, in particular final convictions at high level, including seizure and confiscation of assets;
• Strengthened efficiency of the corruption prevention framework, including by making
  significant progress in implementing GRECO recommendations, ensuring effective verification of asset declarations and consistently concluding administrative investigations with relevant sanctions and referral to prosecution;

Albania further strengthens the protection of fundamental rights in practice. In particular, Albania will meet this interim benchmark once it has:

• Adopted and started implementing the data protection reform in line with the EU acquis;
• Enhanced freedom of expression, including media freedom, inter alia through a reformed
  legislative and regulatory framework in line with European standards, and concrete measures to enhance safety of journalists;
• Strengthened institutional capacities, including of equality bodies, ensured legislative alignment with the EU acquis on non-discrimination, gender equality and combating gender based violence, and provided effective mechanisms for redress and assistance to victims ensured in majority from the state budget;
• Reinforced the child protection system, with the best interest of the child as the guiding
  principle;
• Has made decisive progress towards establishing an efficient and transparent property
  registration and integrated management system, which offers clear and secure property titles and towards a fully digitalised service in practice at the latest according to the relevant commitments of Albania as undertaken in the Rule of Law Roadmap. Has made decisive progress towards ensuring that all cadastral data, including ownership titles and cadastral maps, are digitalised and carefully updated  according to the relevant commitments of Albania as undertaken in the Rule of Law Roadmap. Reduced court case backlog on property cases and effective enforcement of court rulings;
• Adopted the bylaws related to free self-identification and the use of languages of persons
  belonging to minorities as foreseen in the Rule of Law Roadmap, and in line with European
  standards and strengthened the implementation capacity, including of the Committee on National Minorities and its resources;
• Strengthened alignment of its legislative framework with the EU acquis on citizenship rights.

Chapter 24 on Justice, Freedom, Security. This chapter aims to maintain and further develop the Union as an area of freedom, security and justice. It requires a strong and well-integrated administrative capacity within the law enforcement agencies and other relevant bodies, which must attain the necessary standards. A professional, reliable and efficient police organization is of paramount importance. The most detailed and important part is the Schengen acquis, which entails the removal of internal border controls and the free movement within the EU.
This chapter consists of these issues:
1- Fight against organized crime
2- Fight against terrorism
3- Cooperation in the field of drugs
4- Legal and irregular migration
5- Asylum
6- Schengen and external borders
7- Judicial cooperation in criminal and civil matters

After the opening of negotiations for Cluster 1, several interim benchmarks have been set for this chapter:

Albania makes tangible progress in the fight against organised crime. In particular, Albania will meet this interim benchmark once it has:

• Further aligned with the EU acquis on the fight against organised crime, including on the criminalisation of money laundering, as well as asset recovery and confiscation;
• Made tangible progress towards a solid track record of investigations, prosecutions, and final convictions in all fields of serious and organised crime (including trafficking in human beings and child sexual abuse, cybercrime, trafficking of weapons, drugs trafficking), money laundering and terrorist financing;
• Demonstrated a credible and consistent practice of launching parallel financial investigations when dealing with organised crime and money laundering.
• Made tangible progress towards a solid track record in seizure and final confiscation of assets, with a fully operational asset recovery office responsible for identifying and tracing criminal assets, as foreseen by national legislation;
• Made substantial progress in dismantling networks of trafficking in human beings, with a focus on the significant impact on women and girls.

Albania enhances its efforts in the co-operation in the field of drugs. In particular, Albania will meet this interim benchmark once it has:

• Established a functioning and sufficiently resourced National Early Warning System and a National Drugs Observatory, and aligned its legislation with the EU acquis on drugs and drug precursors;
• Made tangible progress towards a solid track record of drugs seizures, destruction and confiscation of corresponding assets, while ensuring there is strong enforcement of infringements against the legal cultivation of cannabis.

Albania delivers substantial concrete results in the fields of legal and irregular migration, and asylum, and on issues related to the Schengen acquis and external borders, in line with the EU Action Plan on the Western Balkans. In particular, Albania will meet this interim benchmark once it has:

• Ensured sufficient and sustained border management capacities and adequate staffing to
  manage mixed migration flows, as well as increased alignment in visa policy
• Made substantial progress in fighting migrant smuggling;
• Ensured there is a functioning asylum procedure according to EU acquis and European
  standards, with the state offering the necessary services to asylum seekers.

Chapter 5 on Public Procurement. This chapter is based on respecting the general principles of transparency, equal treatment, and free competition regarding the awarding of public contracts in specific sectors.
This chapter consists of these issues:
1- Classic Procurement
2- Utilities sector
3- Concessions and PPP
4- Defense and Security procurement
5-  Review procedures

Chapter 18 on Statistics. In this case, it requires adherence to some basic principles of the statistical institution such as impartiality, reliability, transparency, protection of personal data, and the periodic publication of official statistics based on their importance for the state and the individual.
This chapter consists of these issues:
1- Statistical infrastructure
2- Macroeconomic statistics
3- Business statistics
4- Social statistics
5- Agricultural statistics
6- Environmental statistics
7- Energy statistics

Chapter 32 on Financial Control. This chapter focuses on internal public financial control based on the principle of decentralization. It is very important that control includes the internal financial management of national and EU funds. The unique aspect of this chapter is that it requires an independent external audit body, which reports periodically to the national parliament regarding the use of public funds.
This chapter consists of these issues:
1- Public internal financial control (PIFC)
2- External audit
3- Protection of the EU’s financial interests
4- Protection of the euro against counterfeiting

Screening Timetable for EU-Albania Cluster 1

Relevant Documents:

Screening Report for Cluster 1, July 2024

EU Common Position for Cluster 1, October 2024