Democratic governance, crucially important for implementing solid policies of sustained and equitable development, presupposes socioeconomic cohesion, political freedoms and guarantees fundamental rights for all citizens, which determines whether democracy will definitely hold in Albania. The fall of the communism has produced a multiparty political system, and an economy based on private property, but market activity alone does not produce fair competition or equity, which are fundamental for the market's legitimacy and for the democratic system. The public institutions, laws, and the national legal system should
reflect the state's basic responsibilities in the pursuit of justice, so the key point in the justice sector reforms involves prohibition of arbitrariness and equality before the law. So far, the national justice system has failed to uphold these values and deliver substantial justice, so the big challenge to be confronted in the course of the justice sector reforms is redeeming the credibility of the judicial system. The greatest impediments to the reforms are to be found in the clientelistic practices, corruption, and lack of independence of the judiciary from the political establishment, which has allowed certain oligarchic groups to benefit from the inefficient justice system. The political impact has left a dysfunctional legal-judicial framework, and the lack of reliable public institutions has opened the leeway to personal opportunism and illicit personal enrichment. The latest example of the phenomenon is the former General Public Prosecutor, widely perceived as heading a state prosecutorial service “more willing to invent compromises rather than to declare and stand by firm and unambiguous legal principles”. The Albanians, coming from an historical past of communist poverty, are tired of a situation where corruption and economic growth coexist, because corruption breeds more corruption, and produces a corrupt economic and political regime, whereby corrupt high-level officials, with few scruples, have taken advantage of their public duties. Thus, establishing the rule of law, is a prerequisite not just for ensuring fundamental human rights, but also for assuring economic efficiency, as foreign direct investment in the country is “highly sensitive” to non-economic factors such as the crime rates etc. If viewed critically, the administration of justice affects the entire economy and society. In the financial system, the collecting of bank obligations deriving from nonperforming loans through executory proceedings has been a slow and expensive process, whereby banks assets have been tied up in litigations, and financial institutions were forced to cover losses by higher interest rates, or distribute losses through their borrowers. More deeply, a patchy legal framework and poorly performing justice system has plagued the Albanian society by failing to succeed with the restitution process of the private property to the pre-communism legitimate owners, at the same time failing to provide prompt and effective guarantees for property rights.
The most talented young people and professionals dedicate themselves to studying and working abroad, and the most talented entrepreneurs are provided with the wrong incentives in evading the laws. Immunity from criminal prosecution enjoyed by powerful politicians or wealthy individuals must come to an end, but at present the public confidence in the justice system is very low, so the legislative reforms in the justice system have opened-up the opportunity to change the national environment by building a positive correlation between trust in the justice system and social wellbeing for the majority of the common citizens. It might take time, as it was the case in Romania and Bulgaria, but it’s worth living up to the challenge, as there are no alternatives to the rule of law.