Bringing back the full rule of law

If you have happened to pass by any Albanian television screen in the past few weeks you must have seen the constant sight of demolitions. If you live in Tirana, perhaps you walked across the rubble in your own neighborhood. There have also been tens of arrests and hundreds of cutoffs from the power grid recently as authorities move to punish those who steal electricity, a widespread problem in post-communist Albania.
These are some the most visible signs of what the government calls its three-pronged approach to establish full rule of law in Albania — proper management of the territory, ending power theft and tougher policing of the country’s drivers. It also comes after the government implemented major reforms to enforce a ban on smoking in indoor public areas and to rein in what it called “pyramids in education” — private universities offering diplomas worth little more than the paper they were printed on.
Let us be clear: A state of law and order and tough enforcement are exactly the medicine Albania needs to modernize on its EU path. The government appears set in its drive to instill a sense of law and order in society, and its intentions are to be applauded. But in order to succeed, it must also the process irreversible and balanced if it wants to win the public’s trust and make the changes stick.
The government and the Albanian public should accept the short-term pain and the associated political costs to win a bigger prize down the road — changing the country’s rule of law culture.
Part of that short-term pain are job losses as the result of the demolition or power cuts to many small businesses. In the long run, however, there will be more jobs and a better business climate free of unfair competition. It will lead to serious investments. Overall everything would be better in Albania if the country builds a culture and image of a state working and based on rule of law.
In the case of the smoking ban and education reform, an entire generation of Albanians will grow to be healthier and better educated.
But the government must be very careful to make sure that enforcement is ongoing and irreversible. Earlier campaigns to curb gambling establishments and the use of unlicensed furgon taxis have had mixed results, and while in the early days there were almost no gambling shops and furgons left operating, many of both are now back in operation, and there is evidence many are still not meeting the legal requirements. The smoking ban appears to be holding, for now, but there are already reports of violations in suburban and rural areas.
However, on the other side of the equation some problems in enforcement are already evident. Media outlets have reported on many examples of exaggeration, arbitrary actions and lack of uniform enforcement.
The force of law should be applied equally for all and the rules should not be kept open to interpretation, otherwise these very well-intentioned campaigns will ultimately be doomed due to lack of trust in the authorities by the public at large.
For example, in one old Tirana street right next the Justice Ministry, the state entity in charge of demolitions, INUK, appeared to have demolished shops and bars at random, leaving some that had taken public space and sidewalk room standing and others, built entirely on private property, destroyed. In that microcosm of Albanian life, it led to widespread rumors the authorities had been selective, protecting the property of Socialist activists and supporters while unleashing the might of the law on the rest. If that is true, and then replicated elsewhere, that sort of action will lead to resentment not only on the ruling parties but on the state itself, risking to accomplish the exact opposite of the stated goals of the campaign.
A similar lack of common sense shotgun-to-kill-fly approach is taking place on the country’s roads. There is plenty of evidence that drivers were threatened by police with licence suspension for not having a first aid kit in their case, mandated by an obscure 1998 clause that no one knew about until the fines started flying. The threat of licence suspension is arbitrary, and not based in law, but the fines are. Hundreds of drivers have been lining up to pay the resulting 10,000 lek (about $100) fine for a box of that costs 600 lek at the local pharmacy. Again, there were rumors the campaign was to benefit someone who had a lot of first aid kits in stock to sell.
This happens at a time when any pedestrian in Tirana knows he or she will be forced to walk in the middle of the street because police continue to allow cars to park on the sidewalks.
It is also important to note that in many parts of the country the laws and permits for many activities such as construction are left murky on purpose so authorities can profit from corruption and act arbitrarily when they feel like it. That must also end.
The Socialist-led government is clearly looking to set different, higher standards, for Albanians, a positive move, however, if there are signs of selective or inappropriate enforcement the entire purpose of the campaign will be defeated.
Again, the government is to be applauded aiming to get societal change when it comes to rule of law, but its must target enforcement at the roots of the problem, not just its manifestations, to be successful.