Public Demands in Treaty-Making: An Analysis of Albania's Alignment in the Context of EU Integration

Doi: https://doi.org/10.58603/OVQK4588

Abstract: The paper investigates three fundamental public demands in the EU treaty law and practice - transparency, accountability and participation - that Albania, as an EU candidate country, must address in its legal and political processes. A recent illustration of the tension between public demands and treaty practices is the migrant agreement between Italy and Albania, which exposed significant concerns over transparency and public participation. The agreement raised questions about the role of civil society and public discourse in shaping the terms of bilateral treaties, demonstrating the gap between Albania’s current practices and EU expectations.
The research begins by outlining the EU’s established standards regarding these principles drawing on relevant legal framework, reports and jurisprudential sources. It then assesses how these standards are addressed in Albania at the national level by analysing parliamentary debates related to treaties, reports of civil society, media coverage, political party positions and case law, particularly those of the Constitutional Court. On the international level, the paper reviews Albania`s treaty practices as perceived by international organizations and media outlets. Through this comparative analysis between Albania’s current situation and EU expectations, the paper identifies critical gaps and challenges in meeting these public demands, which often are underexplored aspects of the alignment process. Finally, it offers concrete recommendations for aligning Albania’s treaty-making practices with EU standards, contributing to the broader discourse on democratic participation in international law.