Industrial business in Albania, which is represented by
Konfindustria, backs the passing of the constitutional amendments for the
judicial reform by the parliament of Albania. Konfindustria is the largest
organization of Albanian and foreign industrial businesses in Albania. Its
head, Gjergj Buxhuku, in spite of the fact that he’s positive about the reform,
says that “we must be restrained and careful in our expectations for its
immediate and guaranteed success of implementing it in the economic, political
and social reality in Albaniaâ€. Buxhuku says that public interests are damaged
not only by breaking the law and criminal offenses of any nature. He says that
public interests are mostly being damaged by the so called phenomenon of
“capturing the stateâ€, which according to Buxhuku, is being done through the
laws that are being passed.
Buxhuku explains his criticism: “This means that the political class legitimizes through laws the
violation of public interest, making the impact of other mechanisms, expected
to be made effective by the judicial reform, very hardâ€.
For Buxhuku, a clear example for this is the legal inability
to void tens of concessions, tenders, etc, that the head of Konfindustria says
that “they have been clearly given and can be given in open conflict with the public
interestâ€. Another thing that Buxhuku mentions is the fact that “the justice
system in Albania has been built and has functioned in order to legitimize the
way in which the economic system in Albania has been built, by enabling the
survival of large numbers of the population after the dramatic changes at the
start of the ‘90sâ€.
The head of Konfindustria says that at least 50% of the
Albanian economy is informal. Under these circumstances, he says that the
reform in justice must be accompanied by a short term plan, perhaps a “Marshal
Plan†of economic and financial aid. Some analysts say that the reform in
justice will speed up the slow steps that Albania has made in its EU accession.
But Buxhuku believes that this reform is not only linked to this, but also to
the idea of an official unification with Kosovo:
“In order for the reform to be successful and sustainable in
the long run, besides giving way to the joint accession of the two countries in
the EU, we must also look into making a ‘de jure’ unification between Albania
and Kosovo to take place as soon as possibleâ€.
According to Buxhuku, this “would have an immediate impact
in overcoming the trap of ‘small numbers’ which unfortunately today favors
interests between clans and damage public interest in every country and which
have also made it impossible to create true democratic institutions in Albania
and Kosovo, including the justice systemâ€. The fact foreign experts elected by
EU and USA, thanks to the constitutional amendments, will have a decisive role,
is seen as a positive thing by the business sector. “Also, he adds, this
presence makes business lobbying in the EU and USA stronger, in order to
penetrate unexploited markets, especially in circumstances when business in
Albania is facing unfair competition and incompetence in political decision
making to build equilibrating strategiesâ€