Home Politics The Perils of Lawfare and Its Impact on Albania’s Political and Economic Landscape

The Perils of Lawfare and Its Impact on Albania’s Political and Economic Landscape

The Perils of Lawfare and Its Impact on Albania’s Political and Economic Landscape

In February 2025, Albanian prosecutors arrested Erion Veliaj, who has served as the three-term mayor of Tirana. He remains incarcerated eighteen months later without a conviction. His detention has been repeatedly extended while Albania’s courts debate its legality. This has left the capital of a NATO ally without its elected leader.

The term “lawfare” is used in America to describe the use of legal mechanisms to sideline political opponents. This practice isn’t limited to America; it affects many countries today, with Albania being one of the glaring examples. What makes Albania’s case unique is the entity involved. The Special Structure against Corruption and Organized Crime (SPAK) is responsible for his detention. SPAK was established in 2016 with support from the U.S. and the EU as part of a judicial overhaul. The aim was to combat corruption and strengthen institutions, potentially aiding Albania’s EU integration. However, the institution designed to uphold law and order now finds itself embroiled in questions about its own legality.

The justice system’s credibility is at risk when it detains an elected official for extended periods without a verdict.

The judicial reform in Albania hasn’t met expectations. Representative Keith Self of Texas highlighted the growing backlog of court cases—from 16,000 to an estimated 200,000. Citizens might wait up to 15 years for final verdicts. Over half of the prison population awaits trial, marking one of the highest rates in Europe. The European Convention on Human Rights suggests pretrial detention should be rare, only used to prevent flight risk, interference, or further crimes. Yet, it has become common practice in Albania.

This situation aligns with the Venice Commission of the Council of Europe’s findings that pretrial detention of mayors undermines the presumption of innocence, limits political diversity, and disenfranchises voters. In Tirana, a detention order—not a conviction—has sidelined the elected mayor.

An anti-corruption initiative holds its legitimacy by adhering to due process. Holding a man in a cell for months without a verdict doesn’t qualify. Albania’s Constitutional Court ruled twice in the mayor’s favor, insisting on a review of his detention’s justification.

Globally, similar patterns emerge. In Israel, debates over Prime Minister Benjamin Netanyahu’s prosecution persist. Argentines debate probes involving President Javier Milei. France awaited a court’s decision on Marine Le Pen’s political future, while Brazil deals with issues regarding former President Jair Bolsonaro’s imprisonment. Each scenario has specific facts, but the recurring theme is the use of legal means as tools of political warfare, targeting leaders chosen by voters.

The situation in Albania should be of particular interest to Western nations, as SPAK was partly their creation. Holding a mayor for months without a conviction challenges Western discourse on the rule of law.

The impact is both political and economic. Observing the Balkan investments, it’s noted that foreign investors often see Albania as challenging due to judicial corruption, poor contract enforcement, and unpredictable regulations. While Albania has economic potential, headlines about long-drawn detentions without verdicts only reinforce investor hesitation, impacting jobs and economic growth.

Albania can fight corruption while upholding the rule of law, as the two are interdependent. The initial intent was to strip unchecked power from the corrupt. Yet, holding a mayor without a verdict suggests that such power has shifted to prosecutors. Albania must fulfill its reform goals, ensuring accountability, even among its corruption fighters.

The insights presented are those of Jason D. Greenblatt, former White House Middle East envoy under the first Trump administration, author, founder of Abraham Venture LLC, and Substack publisher. Follow his insights on social media at X: @GreenblattJD

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