THE RIGHT TO INFORMATION AS A MEANS OF PARTICIPATION IN GOVERNANCE AND ADMINISTRATION. ALBANIAN LEGISLATION ALIGNMENT WITH THE COUNCIL OF EUROPE STANDARDS

Abstract

The right to information represents a key pillar for the well-being of democracy and the general interest of transparency towards the public. It is a key human right, and also a precondition for the enjoyment of other human rights, including the freedom of expression. While during the communist regime, Albania did not recognize it substantially, during the transition to a pluralist democratic country, democratic principles, and human rights are unequivocally embraced. The current Constitution guarantees it among other human rights. Albania is a member of the Council of Europe and has ratified ECHR since 1996. The Albanian Constitution stipulates that human rights if and when limited cannot exceed the European Convention on Human Rights. The right to information, as a human right and as a means to participate in the process of public governance and administration, is also sanctioned in different laws in Albania. These include the Administrative Procedure Law, the law “On the right to information”, the law “On public notification and consultation”, and several sectorial laws. The Commissioner for the Right to Information and Protection of Personal Data is established as a dedicated administrative institution to address infringements to this right. The article will shed light on the development of the right to information in the Albanian legal framework and analyses how the country meets the Council of Europe standards regarding this human right, highlighting the progress made throughout the political turmoil and the obstacles encountered in its implementation, in the framework of administrative practices in Albania.