EU Scrutinizes Proposed Changes to Albania’s Criminal Procedure Code
Brussels is closely monitoring proposed amendments to Albania’s Criminal Procedure Code, raising concerns about potential impacts on judicial independence and adherence to European Union standards. The European Commission’s scrutiny comes amid a broader debate within Albania regarding revisions to its legal framework intended to align with EU accession requirements.
The EU’s attention centers on a provision within the proposed amendments that would restrict courts from reviewing decisions made by prosecutors during investigations. This measure, according to sources, could significantly curtail the judiciary’s oversight role and potentially undermine the principles of due process. The Commission has indicated it is seeking clarification from Albanian authorities regarding the rationale behind this specific change.
This isn’t the first instance of concern regarding Albania’s legal reforms. In August 2025, alarm bells rang over proposed changes to the country’s Criminal Code, with critics – including media associations – arguing the draft fell short of aligning with EU law and could limit press freedom. Justice Minister Ulsi Manja unveiled the draft in July 2025, six years after the government initiated a process to harmonize the Criminal Code with European Union legislation, tasking a panel of experts with the work.
Prime Minister Edi Rama responded to the initial criticism by stating that the justice ministry and cabinet “did not participate” in drafting the new Code, a claim that has fueled speculation about the origins and intent of the proposed changes. This distancing from the draft has added to the complexity of the situation, raising questions about ownership and accountability.
The EU’s current concerns extend beyond the procedural aspects of the code. A statement released in September 2025, within the context of Albania’s EU accession negotiations, emphasized the need for changes aligned with the EU *acquis* – the body of European Union law – and interim benchmarks outlined in Chapter 1 of the accession process. These benchmarks include the decriminalization of defamation, harmonization with EU laws on drug and human trafficking, prevention of child abuse, firearms control, and combating money laundering.
The EU is currently engaged in consultations regarding these priority changes, recognizing their direct link to Albania’s obligations as it progresses toward EU membership. However, Brussels has also cautioned against a broader package of amendments to the Penal Code, currently undergoing public consultation. The EU insists this reform must be developed through an inclusive process, involving key justice institutions, civil society organizations, and media representatives.
“We are particularly concerned about some amendments proposed by the working group that could have a negative impact on citizens’ rights, freedom of expression, and media freedom,” the EU’s reaction stated. “These provisions are not aligned with EU standards.” The EU underscored the importance of seriously considering the concerns raised by justice actors, civil society, and media representatives, and reflecting them in the final version of the amendments to ensure compliance with Albania’s EU accession commitments.
The situation highlights the delicate balance Albania faces as it strives to meet the requirements for EU membership. While the government has expressed a commitment to aligning its legal system with European standards, the proposed changes to both the Criminal Code and the Criminal Procedure Code have triggered significant scrutiny and raised questions about the extent to which those commitments are being upheld. The EU’s continued monitoring and engagement will be crucial in ensuring that Albania’s legal reforms contribute to a more just and democratic society, and pave the way for successful EU accession.
Albania has been actively pursuing EU accession, having opened every negotiation ‘cluster’ in its efforts to join the bloc. The question of who deserves credit for this progress – the government of Edi Rama, anti-graft prosecutors, or even external actors – remains a subject of debate.
