'Serious concern': EU condemns government attacks on SPAK after Veliaj's arrest

The European Commission views with concern the attacks orchestrated by the majority against the Special Prosecution Office following the arrest of Mayor Erion Veliaj in February of this year, while demanding that the independence of the new justice bodies be protected from the work of the "Xhafaj" committee in the Assembly.

The non-implementation of Constitutional Court decisions by the Albanian Parliament also raises issues for the rule of law in Albania.

Brussels' concerns were expressed to the Albanian government through two informal documents in mid-May and early June, as preliminary drafts of the assessment of the progress of reforms in the fundamental chapters of the negotiations, where the rule of law occupies the main place.

In the preliminary document available to BIRN, the EU notes that despite the improvement of the judiciary in general, there have been increased attempts by public officials or politicians to exert undue influence and pressure on the judicial system.

“The investigation and arrest of an elected official, confirmed by the Special Court against Corruption and Organized Crime (SPAK) in February 2025, triggered unprecedented public reactions from the executive and legislative branches, including attempts to exert pressure on SPAK and judicial institutions. This is a serious concern,” the document states.

The EU also refers to two complaints by SPAK against the Ministry of Interior and the State Police for the failure to strengthen security and protect SPAK staff during a protest in front of its building against the arrest of Veliaj, as well as cases of pressure on prosecutors and judges.

“During the reporting period, six magistrates were placed under protection – two judges and four prosecutors. The Special Prosecution Office launched a criminal investigation for attempted pressure on a magistrate in a case involving a deputy,” the document states.

The European Commission has conducted a scan of the vetting process, the functioning of the courts, and the problems of the lack of human resources, while also bringing to attention concerns whether the legal proposals to regulate these problems are not in line with European standards.

The draft report leaked to the media on Tuesday also talks about 'deficiencies' related to the work, methodology, transparency and inclusiveness of the special 'anti-corruption' commission led by Socialist MP Fatmir Xhafaj.

The Assembly, as the highest decision-making institution, is criticized for its poor level of oversight of the executive, non-implementation of Constitutional Court decisions, and lack of appointments of leaders or members of several institutions.

During this legislature, the socialist majority insisted on not implementing two decisions of the Constitutional Court requiring the mandate of MP Olta Xhaçka to be sent for interpretation to this court, after her husband was declared a "strategic investor" by the government.

“The Assembly should also implement the decisions of the Constitutional Court that have not yet been respected,” the EU assessment states.

As part of the fundamental chapters are also reforms in public procurement, where the EU continues to place emphasis on contracts with direct government negotiation, as a non-transparent procedure.

"The amended Public Procurement Law contains a transitional provision that allows the Council of Ministers to authorize the direct negotiation of service contracts in "areas of strategic interest" for a period of three years, which raises concerns about its compatibility with the EU acquis," notes the document preceding the EU's draft report on the progress of the law's implementation.

The government and the majority have not commented on the EU's criticisms and suggestions regarding the progress of negotiations in the key chapters, with an official final report expected to be released in early July.

The Minister of State for Parliament, Taulant Balla, and the Socialist vice-chair of the European Affairs Committee, Etilda Gjonaj, said they were unaware because there was no official report yet.

"This is a preliminary document that comes to the Ministry of Justice and this ministry collects the comments of all institutions and sends it to the EU and then an official report on the basic chapters is processed and made public," said Gjonaj, explaining the procedure. Reporter.al