With regards to Basic Legal Guarantees of Freedom, which are core to the existence of civil society, it is observed a tendency for over-regulation of the sector and regress in consultation processes on important legal changes affecting the freedom of association, right of peaceful assemblies, etc.

An important development in 2020 was the preparation of the Draft Law on Registration of Non-Profit Organisations, which introduces the electronic registration of CSOs and electronic registry, the latter addressing a long-standing demand of CSOs in Albania. Considering its importance on the registration and operation of CSOs, it was expected a wider consultation process with CSOs to discuss its content. But, the consultation process was limited in number, not inclusive, and responsive to CSOs' proposals. The draft law presents many concerns as (i) it comes against one of the principles of freedom of association, upon which there should be no legal requirement for registering of CSOs, (ii) high number and unproportioned penalties, and (iii) lack of data protection and increased bureaucratic and unjustified reporting to state agencies.

Other legal initiatives were enacted to address MONEYVAL recommendations as Law No. 112/2020 “On the Register of Beneficial Owners”, and Law No. 154/2020 “On the Central Register of Bank Accounts”. They present regulations and measures regarding counter-terrorism and anti-money laundering, but the requirements follow the one-size-fit approach, which are not proportionate to the nature and size of the organisations, and increase administrative burden for the sector.

The pandemic situation from COVID-19 impacted fundamental rights and related freedoms. Many legal acts affecting the right to peaceful assembly were enacted without consultations. No measure was enacted to enable the digital and online assemblies, and as result 49 notifications for assemblies were rejected by the Albanian state police due to COVID-19 pandemic situation, while 112 organisers and participants were detained by the ASP for the violation of different criminal offenses in the Penal Code. Independent institutions such as the Ombudsman and civil society actors were vocal to address these rights and to interrupt the up-to-date practice of not allowing non-mass gatherings indoors or outdoors, as well as to guarantee the right of journalists to report events on assemblies and other activities of this nature. In addition, media and human rights organisations stressed unconstitutional and harmful the monopolisation of information related to COVID-19 by the government.

CSOs Financial Viability and Sustainability continues to be a challenge for CSOs, with most of them depending on project-based funds from donors, mostly international. In 2020, it is noticed a regress with regards to transparency of state funding for the support of CSOs. State support, either financial or non-financial, remains weak, sporadic, and allocated in a closed and non-transparent way. The public funding allocated by the Agency for the Support of Civil Society in 2020 decreased by almost 40%. Philanthropic activity continues to be non-legally regulated, and not fully used as an opportunity neither by CSOs nor the individual and corporate donors. The government did not come up with any supporting scheme for CSOs related to the COVID-19 pandemic situation.

Financial treatment and lack of benefits for CSOs constitute other concerns negatively affecting CSOs' operations by shrinking the CSOs' activities. None of the measures of Priority 9 of the Road Map for the Government Policy towards a More Enabling Environment for Civil Society Development 2019-2023 “Ensuring a nation-wide implementation of supportive financial reporting, accounting and tax treatment of CSOs” have been addressed within 2020 as planned in the Action Plan of the Road Map. None of CSOs have received VAT reimbursement for foreign donations to CSOs, which are part of all bilateral and multilateral agreements ratified by the Albanian Parliament or grant agreements approved by the Council of Ministers.

With regards to State – CSOs Cooperation, most of the measures of the Action Plan of the Road Map for the Government Policy towards a More Enabling Environment for Civil Society Development 2019-2023 have not been implemented. No monitoring and assessment report on the implementation of the Road Map is prepared and published.

Referring to mechanisms of cooperation, the National Council for Civil Society continues to conduct poor performance and failed to prove itself as an effective advisory body. No discussions or concrete actions were organized by the Council to address concerning issues of CSOs and to influence government decisions toward the creation of an enabling environment for civil society in the country.

Concerning involvement in policy and decision-making process, still, CSOs involvement in policy design and decision making remains low. The electronic register of notification and consultation does not enable CSOs to comment as an entity. None of the measures of Priority 3 of the Road Map “Sustainable and efficient involvement of CSOs in policymaking processes”, which includes the development of a methodology for annual reporting on the results of public consultations, preparation of guidelines for civil officials to conduct effective public consultations, and establishment of an official training program by Albanian School of Public Administration has been implemented. Lack of access and participation of CSOs and other stakeholders was noticed even in the preparation of all the strategies, plans and other legal acts approved by the government in response to the COVID-19 pandemic situation. The progress noted in 2020, is the creation of an online platform for consultations of draft laws by the parliament http://konsultimi.parlament.al/. The Parliament has also made public the appointed contact persons for CSOs, while none of the ministries have done so as required by the Road Map.

Referring to increased collaboration and inclusion of CSOs in the provision of various services which are contracted out or delegated to CSOs, Law No. 162/2020 for Public Procurement introduces a special chapter on social services, and stipulated that the tendering rules should consider an offer based on the quality of the services, accessibility, effectiveness, cost, availability, and inclusiveness in services, specific needs for people in risk and vulnerable groups, and innovation. These improvements address the long–demand of CSOs that provide service provisions. Its implementation is to be assessed in the following years.

In overall, for the three main areas of the MM report, the public institutions should engage in an open, meaningful, and constructive dialogue with the sector to address prompt and long-term concerns of the sector and to protect civic space. Stronger political will and engagement is needed by the Government to implement the Action Plan of the Road Map towards a more enabling environment (legislative and practice) for civil society development in the country.

In March 2020, the members of the European Council endorsed the General Affairs Council’s decision to open accession negotiations with Albania and in July 2020 the draft-negotiating framework establishing the guidelines and principles governing the negotiations with the country were presented to the Member States . Following the adoption of the frameworks, the first intergovernmental conference for Albania should be convened, prior to which Albania is called on to make further progress on electoral and judicial reforms and in the fight against organized crime and corruption.

On March 9, 2020, the first two cases from the coronavirus pandemic have been announced in Albania. At the start of the pandemic, the Ministry of Health and Social Protection and the Public Health Institute prepared an Action Plan for Prevention, Preparation, and Response towards COVID-19 scenarios. The plan was followed by the decision of the Council of Ministers No.243 of 24 March 2020 “On the Declaration of Natural Disaster Situation” , which enabled the Albanian government to impose preventive and precautionary measures to prevent the spread of the infection. These measures included the closure of public activities such as the closure of educational institutions (nursery, kindergarten, schools, and universities); forbidden internal travel; suspended sea, air, and land movement to neighbouring countries except for goods; closure of bars, restaurants, mosques, churches and the banning of all sports and large people gatherings. Weekday curfew hours and weekend lockdown measures were imposed to minimize and restrict citizen movement. As a result of measures taken to cope with the situation of COVID–19, which may be interpreted as a violation of article 8 and article 11 (freedom of assembly and organization) of the European Convention on Human Rights (ECHR), the Albanian authorities notified a derogation from the convention (article 15 – Derogation in time of crisis). The State of Emergency for Natural Disaster was extended until June 2020, and after that, based on the recommendations of the Technical Committee of Experts on the COVID-19 situation, a series of legal acts were approved.

To support people and companies affected by the pandemic situation, the government adopted two financial packages of a total size of 45 billion ALL, about 2.8% of Albania's GDP. The first package consisted of additional funding for the health sector, support to small businesses who were forced to close activities, human aid, and sovereign guarantee fund for companies to be able to receive loans, while the second package consisted in financial support for the provision of a single payment to the employees of the affected small businesses, and a sovereign guarantee for the provision of loans to all private companies that have paid their tax obligations and were able to pay before the pandemic. Financial support was also approved for the public transport sector affected by the COVID–9 lockdowns. CSOs, including those having social entrepreneurship activity, were not included in any of the financial schemes of the government to address the impact of the COVID-19 pandemic situation in their activity.

Regarding CSOs, considering the “new reality” created from COVID-19 and all the restrictions which have been applied since March 2020, CSOs have been faced with several challenges in their operation and projects’ implementation. Despite that, the majority of CSOs have adapted to the new reality and currently are fully engaged with online and “hybrid” activities. They have been very active in responding to the needs of their beneficiaries by developing alternative approaches to deliver their services to individuals, families, and groups in need. They have supported the government, especially the local government, in the identification and delivery of support provided to the marginalized groups in society.

Moreover, CSOs have been very active in their monitoring the developments in the legal framework impacting the fundamental rights and freedoms of citizens, the life of their constituencies, and their operation. On several occasions, CSOs have raised their concerns calling for a higher level of transparency and accountability of state institutions and government with regards to several important legal initiatives that were undertaken during 2020 with the accelerated procedure and without proper consultation processes with citizens and civil society. To be mentioned are the amendments proposed in the Penal Code for the prevention of the COVID-19 pandemic, which was opposed by a group of 30 CSOs that issued a public declaration considering that the proposed amendments infringe fundamental human rights and freedoms. Moreover, approval of the amendment through an accelerated procedure by the parliament was found in contradiction with the Albanian Constitution (article 83, point3). As a result of these efforts, the government backed up from the initial proposals and eased some measures.

A series of legal initiatives with a direct impact on the operation of CSOs were initiated by the government in 2020, to respond to the MONEYVAL (the Committee of Experts on the Evaluation of Anti-Money Laundering Measures), recommendations provided in the Mutual Evaluation Report of July 2018, as follows: Law No. 112/2020 On the Register of Beneficial Owners, Law No.154/2020 On the Central Register of Bank Accounts, and the draft-law On the Registration of Non for Profit Organisations”. All these initiatives, despite their crucial importance for the sector, have been initiated and prepared without the participation and effective consultation with CSOs. Regardless, under the coordination of the National Resource Centre for Civil Society, NPOs provided their comments on Law No. 154/2020 before its approval some of which were considered in the final draft approved by the parliament. The draft law “On the Registration of Non-Profit Organisation” was the one that attracted most CSOs attention because of its implication with the operation of the sector and a set of issues identified, some of them affecting the freedom of association, duplication, and unjustified reporting requirements, including disproportional and unjustified penalties. The draft law is still pending approval by the parliament.

• 2013 Report, available in English  and Local Language
• 2014 Report, available in English and native language
• 2015 Report, available in English  and native language
• 2016 Report, available in English  and native language
• 2017 Report, available only in English
• 2018 Report, available only in  English