Work in this thematic area focuses on prisons and police (including human rights in policing, healthcare in prisons and safeguards against torture and ill-treatment), human rights standards in the judiciary (focusing on enhancing the application of case-law of the European Court of Human Rights), the efficiency of justice systems (with a focus on analysing judicial statistics to optimise court administrations) and/or legal co-operation (which concentrate on increasing the individual independence of judges and prosecutors and the accountability of the judicial system).

Back From Losing Hope to Finding Legal Certainty: A Journey to Claim Your Property Rights in Albania

Albania 16 May 2025
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From Losing Hope to Finding Legal Certainty: A Journey to Claim Your Property Rights in Albania

The small apartment on the second floor of a former communist-era building, located in a main road not far from the centre of the capital Tirana is always busy. Under the watchful eyes of concerned citizens, the officials of Tirana Legal Aid Society (TLAS) explain procedures in a simplified manner and provide valuable information regarding their problems in registering the property. 

There we meet Alma, a divorced mother of 3 children, coming from the small southeastern town of Përmet. Since many years she lives in Tirana together with her kids. Her life has not been easy after her divorce, while now she is bravely fighting with a difficult disease. Despite her life problems, she meets us with a smile, and you can notice the optimism and positivity in her eyes. She explains that for 36 years she was not able to find a solution to inherit her family property in her hometown. This was due to missing administrative procedures lagging behind for more than 3 decades. To her, the whole process for acquiring property right seemed impossible, and over the years, she had lost faith and hope that her case would ever be resolved. First, because of seemingly complicated procedures she never got to know, understand or navigate on her own. On the other hand, hiring a private lawyer to assist with such matters is costly. “I had lost hope, and honestly, I did not have any intention to register my inherited property as many years have passed and I did not have the money to start a legal process”, admitted Alma. She was recommended and found redemption only in TLAS, where the staff welcomed her and committed their pro bono legal assistance, as part of the support by the EU/CoE funded Action “Improving the protection of the right to property and facilitating execution of ECtHR judgments in Albania” (D-REX III), assisting members from vulnerable communities in Albania to obtain their property rights. With the valuable legal assistance of TLAS lawyers, the administrative procedure has now been concluded and she is expected to receive her property certificate soon from the responsible authority - resolving a stalemate that dates back to 1990.  

Alma is only one of many stories coming from TLAS which since more than 3 years is implementing the EU and Council of Europe funded action to inform and assist the citizens of Albania in solving common issues in property registration. The project kicked off in 2021 with the HELPLINE and since then, TLAS operators are welcoming calls and providing valuable assistance related to registration of land property titles in Albania. A particular focus is placed on vulnerable groups, such as women property owners, who have received specialised support from dedicated professionals. Marsida Male, who leads this initiative at TLAS, shared that over the past year, the centre assisted 216 individuals who reached out to the HELPLINE due to various challenges related to property registration. In addition, with the support of EU and Council of Europe, more than 2000 people have been reached and informed on property registration matters during the awareness raising activities conducted in the course of the past years  in the regions of Tirana, as well as in Kavaja, Rrogozhina, Kamëz, etc. Particular attention in these initiatives was devoted to communities in need, such as Roma. According to Male, this project has proven to be highly valuable and relevant for citizens who lack the necessary information or knowledge about property ownership and who have limited income to afford legal services. “Most of them simply do not have the basic information about property registration processes. After one or two consultation sessions, they are often able to continue the procedures on their own. Others, like Alma, require more extensive assistance, ongoing support and legal consultations until their case is resolved”, said Male, who emphasised the importance of informing people and ensuring access to information when it comes to property rights. The work of TLAS is highly valued by citizens, who have found a safe place to share their property-related problems and, more importantly, to practical seek solutions. Many admit that without TLAS’s support, it would have been nearly impossible to exercise their property rights. In this context, TLAS has signed a Memorandum of Understanding with the Office of Civil Registration, recognising that family certificates from the past are crucial in resolving property issues. In addition, TLAS maintains strong collaboration with the State Cadastre Agency and, most importantly, with the Ministry of Justice, free legal aid section, enabling the exchange of essential information on specific cases.

TLAS lawyers share that the trust of Albanian citizens seeking assistance remains low, largely due to long-standing property issues that have persisted for decades. Many of these cases involve delays in the compensation process or the ‘overlay of properties’, a widespread problem across various regions in Albania that requires time and significant effort to resolve. According to TLAS legal staff, the digitalisation of property maps in Albania is crucial and will play role in facilitating the property registration process.

Renata Cenko – Executive Director of TLAS, considers this an important step forward in building citizens’ trust in the legal system and closing the decades-long gap in access to justice for property-related matters. “Looking ahead, TLAS aims to strengthen institutional co-operation and expand legal aid services, paving the way for future generations to secure their property rights without facing the same obstacles”, stressed Cenko.

In the process of improving property rights in Albania and ensuring that their application in line with European standards the EU and Council of Europe action “Improving the protection of the right to property and facilitating execution of ECtHR judgments in Albania” (D-REX III) will continue to work with local actors in the efforts to empower Albanian citizens by improving their ability to seek and protect their property rights.

“The Council of Europe works closely with national institutions to help advance the timely implementation of ECtHR judgments,” says Giulia Re, Head of the Council of Europe Office in Tirana. “Improving access to property rights for vulnerable groups is key to building trust in the rule of law and safeguarding fundamental rights.”

Through its technical assistance, capacity building and awareness raising activities with local communities, the Council of Europe is helping to strengthen legal certainty for citizens in Albania, ensuring the protection of property rights in line with the European Convention on Human Rights, and promoting the effective enforcement of the European Court of Human Rights' (ECtHR) judgments.

 

 

Actions under theme i: ensuring justice
  • Strengthening the quality and efficiency of justice in Albania - Phase III  
  • Supporting enforcement of judicial decisions and facilitating execution of ECtHR judgments in Albania           
  • Enhancing the protection of human rights of prisoners in Albania  
  • Strengthening human rights treatment of detained persons based on European standards and best practices in Bosnia and Herzegovina  
  • Strengthening the quality and efficiency of justice in Kosovo* -  Phase II  
  • Accountability of the judicial system in Montenegro - Phase II  
  • Improved procedural safeguards in judicial proceedings in Montenegro  
  • Further enhancing human rights protection for detained and sentenced persons in Montenegro  
  • Strengthening independence and accountability of the judiciary in Serbia  
  • Strengthening the effective legal remedies to human rights violations in Serbia  
  • Enhancing the human rights protection for detained and sentenced persons in Serbia  
  • Supporting enhanced access to higher quality Free Legal Aid services in North Macedonia  
  • Enhancing the capacities of the penitentiary system and the external oversight mechanism in North Macedonia                                                                                                                                                                                                 
  • Supporting the implementation and reporting on the Action Plan on Human Rights in Turkey  
  • Judicial training institutes for Quality and Sustainability in the Western Balkans 
  • Initiative for legal certainty in the Western Balkans  
  • Enhancing penitentiary capacities in addressing radicalisation in prisons in the Western Balkans  
  • Towards a better evaluation of the results of judicial reform efforts in the Western Balkans  
  • Human Rights Education for Legal Professionals (HELP) in the Western Balkans 
  • PACE cooperation with the parliamentary assemblies with a view to achieving legislative improvements in Albania, Bosnia and Herzegovina, North Macedonia and Serbia 

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.