Independent Regulatory Agencies in Albania Between Autonomy and Political Influence (Published)
After the fall of the communist regime, one of the main objectives of the democratic state in Albania was creating a free market. Free market protection and consolidation necessitated the implementation of the appropriate mechanisms to regulate the efficient functioning of different economic and social sectors, to increase the efficiency of services, consumer protection, competition, etc. Albania in the first steps of democratic changes relied on the use of Independent Regulatory Agencies, as the right tool to respond to the new dynamics of economic and social development. Considering the experience of other countries this approach was the best solution because it relied on two crucial elements: the protection of the general interest and independence from politics and groups interest. The paper analyzes the general concept of public entities according to Albanian legislation. The study assesses the legal status, characteristics, and classification of public entities, focusing mainly on the role of IRAs, as one of the public entities in Albania. The paper affirms that the Albanian legal framework seems to embody elements that aim to guarantee the independence of the IRAs from politics and interest groups in various sectors. The question arises whether de jure independence is sufficient for de facto independence, especially for a country in a long transition like Albania. The paper supports the hypothesis that in Albania in the complex trade-off between IRA’s autonomy and political control, there is clear evidence of their political captivity. The main issue is finding a fair balance between the demand to increase an agency’s independence with components of political impact. The paper recommends avoiding political influence will increase the autonomy of the regulatory agencies.
Keywords: general interest, independent regulatory agency, political control, public entity