Dr. Rezana Balla
Law Faculty
University College “Qirjazi”
ballarezana@gmail.com
Abstract
Based on the framework of comprehensive reforms in the judiciary and changes in the constitution recently in Albania, it is aiming at defining and remodelling the judiciary and the prosecution system, in order to put an end to the flourishing of corruption in the justice system and to cut off the links between crime and politics once and for all. It is established the Specialised Structure for Anti-Corruption and Organised Crime (SPAK), comprising the Special Prosecution Office (SPO) and the National Bureau of Investigation (NBI). According to the assessments of international institutions, Albania remains one of the countries with a high risk of money laundering. According to MONEYVAL, Albania has been included in the grey list, which shows a high risk of money laundering in the territory of the Republic of Albania. The institutions of the European Union during integration process have always asked Albania to do more in the fight against organized crime and corruption and especially in the fight against money laundering. In the past, in Albania has shown that politicians have been able to escape from the punishment for corruption by using the details, tactics and techniques of the judicial system, cooperating with corrupted judges, and threatening the independence of the judicial power.
Albanian Government in order to fight organized crime recently has approved a Normative Act which aim at fighting organised crime assets deriving from illegal activity. The article presents legal analysing on the addressing of legal and institutional measures of the government, to fight the assets deriving from organized crime, corruption, and terrorist acts. One of the legal and institutional initiatives has been called Law Enforcement Operation which was established to combat money laundering stemming from the commission of criminal activity in Albania. It is going to review weather this initiative is in line and harmony with the fundamental principles of the Rule of Law, the dominance of law and fundamental human rights and freedoms. Did it achieve the purpose for which the institution was founded? Is it still left to fight money laundering stemming from organized crime, corruption, or terrorist acts? These are the issues that the article is trying to constitutionally respond at.
Keywords: crime and corruption; money laundering; law enforcement operation; crime assets; rule of law.
In 1989 the G7 Summit established the Financial Action Task Force (FATF). The group’s recommendations were signed by 26 countries and 2 international organizations, the Council of Europe, and the Persian Gulf Commission. In 1990 the Strasbourg Convention enters into force. There are established 40 recommendations which constitute international standards and have been subject to revisions in 1996 and 2003 and 9 more recommendations are added. In 1997 the MONEYVAL Committee was established pursuant to the Strasbourg Convention which covers the
Volume 6.No.2(2022): April – (Social Sciences Session)
SSN 2661-2666 (Online) International Scientific Journal Monte (ISJM)
ISSN 2661-264X (Print)
DOI : 10.33807/monte.20222578
DOI URL: https://doi.org/10.33807/monte.20222578
This is an open access article under the CC BY-NC-ND license (creativecommons.org/licenses/by-nc-nd/4.0/)