Following the first presentation of the New Criminal Code on July 25 and repeated discussions by the Ministry of Justice, some of the new provisions continue to spark debate, particularly those affecting freedom of expression and defamation.
In an official response to Top Channel, the European Union confirms that it is currently analyzing the changes, but expresses concern about some of the new provisions that may violate media freedom and citizens' rights.
“We are aware of the serious concerns expressed by representatives of the justice sector, as well as civil society, regarding a number of draft amendments. We are particularly concerned about some amendments proposed by the working group that could have a negative impact on citizens’ rights, freedom of expression and freedom of the media. These provisions are not aligned with EU standards and we are confident that, within the framework of the consultation process and within the framework of the commitments for membership, these concerns will be addressed.”
While the full draft of the Code is still in the public consultation process, the European Union requires that this process be broad, inclusive and with the participation of all actors, from justice institutions to civil society and the media.
“This broader revision of the Criminal Code is a complex undertaking, with potential long-term impact on society and the criminal justice system. The EU stresses the importance of ensuring a comprehensive and full consultation with all key justice institutions and rule of law actors, as well as with civil society and all other relevant stakeholders, in order to ensure that the resulting legislation is of the highest quality.”
In its response, the European Union says it encourages Albania to prioritize legal changes related to the Criminal Code that are necessary to meet the transitional criteria set out in the EU Common Position.
