Italian media have focused on the process launched in Albania for the adoption of the new Criminal Code, reporting the concerns and warning of Confindustria Albania, according to which the proposed changes risk negatively impacting the country's economy, investment climate and legal security.
According to the association, the draft law does not stem from a real need for reform, nor from obvious problems with the current Criminal Code, which over the years has shown stability and the ability to function effectively. The system in force, in fact, has yielded results considered positive even in sensitive areas such as that of criminal liability of legal persons, one of the sectors where the new text aims to intervene significantly.
Confindustria Albania emphasizes that a country that aims to consolidate its role in the European and international context must rely on clear principles of the rule of law, on stable rules and on a predictable normative framework. Legal certainty is mentioned as an essential element to continue attracting foreign investment and supporting domestic entrepreneurial initiative, while the new Criminal Code risks calling into question precisely these fundamental prerequisites.
Among the most critical aspects is the tendency to criminalize a series of behaviors that until now were included in the field of administrative violations. According to the association, fiscal irregularities of a formal nature, deficiencies in the accurate maintenance of social records, internal violations of company management and other non-compliances without a real criminal value can be criminally sanctioned, creating a climate of uncertainty and fear among economic operators. This approach, always according to Confindustria Albania, risks unnecessarily burdening the judicial system and penalizing business activity, without bringing concrete benefits in terms of legality or transparency.
Additional concern is also raised by the wide discretion that some provisions of the new Code would attribute to judges. An excessively broad interpretative power could compromise the predictability of decisions and the stability of the legal framework, elements considered essential for those who invest and act in the long term.
The association led by Davide Rogai also refers to the standards of the European Union, a declared objective of Albania in its integration journey. In the EU framework, the criminal liability of legal persons is generally limited to well-defined sectors, such as organized crime, corruption or environmental crimes, while the Albanian reform project seems to significantly expand this perimeter. It should also be remembered that specific legislation on the criminal liability of legal persons is already in force in the country, which makes, according to Confindustria Albania, such a radical intervention through a new Criminal Code even less justified.
The association, which has been operating in Albania for more than ten years, representing companies founded by both Italian and Albanian entrepreneurs, also points out the possible negative consequences of the new text on social concentrations. The new norms could constitute an obstacle to the freedom of enterprise and have a strongly discouraging effect on investments, at a historical moment when the country would need, on the contrary, to strengthen its economic attractiveness.
In conclusion, Confindustria Albania calls for the reform process to be carefully reviewed, including the manufacturing world and carefully assessing the impact of the new provisions on the economic structure and international image of Albania, with the conviction that development, legality and growth can only be achieved through clear, proportional rules and in line with European standards.
Confindustria Albania has previously reacted to the changes to the Criminal Code, calling them unnecessary, which significantly increase the legal risk for businesses and undermine the investment climate in the country.
Just a few days ago, the Albanian Parliament, in a marathon session, approved with 85 votes in favor and 9 against, the draft law "On some additions and amendments to law no. 7895, dated 27.1.1995, "Criminal Code of the Republic of Albania", as amended, (initiative of the Council of Ministers).
The current Criminal Code was adopted in 1995 and since then has undergone 32 interventions, of which 23 legislative interventions and 9 interventions by decisions of the Constitutional Court.
The Draft Law for the New Criminal Code was published for public consultation at the end of July by the Ministry of Justice.
The new draft, which contains 950 articles, has been opposed by many experts who have consistently emphasized that the draft law risks penalizing fiscal relations, risks violating legal certainty, overloading the criminal justice system, and placing citizens and businesses in a climate of uncertainty, instead of guaranteeing administrative correctness and efficiency.
For this reason, experts consider it necessary to thoroughly review the draft in order to harmonize it with the Constitution and the principles of the rule of law./ Giornalesera.com
