Albania

Last update: January, 2022

Constitution 

Constitution of the Republic of Albania¹²⁸: 

Article 10 

1. In the Republic of Albania there is no official religion. 
2. The state is neutral in questions of belief and conscience, and also, it guarantees the freedom of their expression in public life. 
3. The state recognizes the equality of religious communities. 

Article 14 

1. The official language in the Republic of Albania is Albanian. 
2. The national flag is red with a two-headed black eagle in the centre. 
3. The seal of the Republic of Albania presents a red shield with a black, two-headed eagle in the centre. At the top of the shield, in gold colour, is the helmet of Skanderbeg. 
4. The national anthem is "United Around Our Flag." 
5. The National Holiday of the Republic of Albania is the Flag Day, November 28. 
6. The capital city of the Republic of Albania is Tirana. 
7. The form and dimensions of the national symbols, the content of the text of the national anthem, and their use shall be regulated by law. 

Article 20 

1. Persons who belong to national minorities exercise in full equality before the law their human rights and freedoms. 
2. They have the right to freely express, without prohibition or compulsion, their ethnic, cultural, religious and linguistic belonging. They have the right to preserve and develop it, to study and to be taught in their mother tongue, as well as unite in organizations and associations for the protection of their interests and identity. 

Article 22 

1. Freedom of expression is guaranteed. 
2. The freedom of the press, radio and television is guaranteed. 
3. Prior censorship of a means of communication is prohibited. 
4. The law may require the granting of authorization for the operation of radio or television stations. 

Article 47 

1. Freedom and unarmed participation in peaceful gatherings is guaranteed. 
2. Peaceful gatherings in public squares and places are held in conformity with the law. 

Article 49 

1. Everyone has the right to earn the means of living by lawful work chosen or accepted by himself. He is free to choose his profession, place of work, as well as his own system of professional qualification. 

Article 58 

1. Freedom of artistic creation and scientific research, the use and profits deriving from them are guaranteed for all. 
2. Copyright is protected by law. 

Last update: January, 2022

Allocation of public funds  

Public Institution budgets are created and administered based on the Law and Decision by the Council of Ministers Nr. 432, date 28.06.2006 “For creation and administration of income, generated by budgeting institutions” and other guidelines by the Minister of Heritage and Finance.  

Last update: January, 2022

Social security frameworks 

The Social Insurance Institute¹²⁹ is the main institution for the administration of social insurance in general, and of pension policies in particular. Largely beginning in 2015-2016, social security agreements have been made with Belgium, Luxemburg, North Macedonia, Turkey, Kosovo, Czech Republic, Hungary, Germany, Canada (2019), with more expected to be completed soon with Bulgaria, Croatia, USA, Spain, Denmark, the Netherlands and France. 

Last update: January, 2022

Tax laws¹³⁰ 

• Law nr. 87/2014 “On some changes in law no. 9136, dated 11.9.2003, "On the collection of compulsory social and health insurance contributions in the Republic of Albania", as amended 
• Law nr. 86/2014 “On some changes and additions to law no. 9975, dated 28.7.2008, "On National Taxes", as amended 
• Law no. 85/2014 “On some changes in law no. 9632, dated 30.10.2006, "On the Local Tax System", as amended 
• Law no. 84/2014 “On some changes in the law no. 9920, dated 19.5.2008, "On Tax Procedures in the Republic of Albania", as amended 
• Law no. 83/2014 “On some changes in law no. 8438, dated 28.12.1998, "On Income Tax", as amended " 
• Law no.52, dated 22.05.2014 "On Insurance and Reinsurance Activity" 
• Law no.53, dated 22.05.2014 "On Deposit Insurance" 
• Law no. 142/2014 “On some changes in law no. 61/2012 "On excises in the Republic of Albania", as amended 

Last update: January, 2022

Labour laws 

According to article 18 of the Republic of Albania’s Constitution, everyone is equal before the law. No one can be discriminated against on the grounds of gender, race, religion, ethnicity, language, political opinions, religious or philosophical beliefs, or educational, economic, or social status. No one can be discriminated against except for instances where there is a legal or objective reason for not getting a job. 

During hiring and after employment, an Albanian employer may not discriminate amongst employees, must allow them the right to unions, protect them from corruption, and follow laws regarding the minimum age of employees. 

Other items are covered in the Labour Code, which is based on the Constitution of the Republic of Albania, respects the international conventions ratified by the Republic of Albania and is based on the generally recognized norms of International Law.  

The Labour Code Health and Safety rules must be followed at work. Pregnant women must be protected; employers must follow minimum wage rules, overtime limits, and laws on annual holidays and paid leave to ensure the protection of all those working in Albania. 

Article 104 of the Labour Code states that pregnant women must take maternity leave 35 days before, and 63 days after, giving birth. In the case of multiple births this is extended to 60 days before giving birth. Article 27 of the Social Security Law states that for a period of 365 days pregnant women will receive a maternity leave payment from the social security contribution scheme. They will also receive this payment on the 35 to 60 days off from work before and after giving birth. According to article 96.3 of the Labour Code, a father who is a spouse or partner of a pregnant woman can take paid leave of three days. If the father or adoptive male parent is insured, he is entitled to a period of 63 days off from work after the baby is born. However, this can only happen if the child’s mother does not fulfil the insurance requirement or wishes to go back to work during this time. 

Last update: January, 2022

Copyright provisions 

Until 1993, there were no author’s rights and related royalties as the works belonged to the government regime of 1945-1990, and in 1994 Albania signed the Berne Convention for the Protection of Literary and Artistic Works. On February 19, 2007 Albania ratified the Hague Agreement of 1960 and on March 23, 2000 ratified the 1999 Geneva Act on the international registration of industrial designs. 

In April 2005, the Albanian Parliament passed Law Nr. 9380 on Copyright and other related rights which abolished all previous parliament and government acts dating since 1992. The Albanian Copyright Office (ACO) was established for authors' rights for collective works and required all parties to certify their contracts. The office collaborated on musician's rights with the "Albautor" Association, FMMA for the copyright protection of audiovisual works, AKDIE and AMI. 

The European IPA funds in 2008 supported activities for the empowerment of the Albanian Copyright Office and its partners, and capacity building to draft the new copyright law. 

With an increased awareness on copyright, in April 2006, the National Council for Radio and Television (NCRT) signed a memorandum of understanding with the National Film Centre (NCC) aimed at fighting piracy and Copyright Law. 

In order to improve information and awareness the Albanian Copyright Office and the Chambers of Commerce and Industry signed a Memorandum of Collaboration to also exchange information on February 18, 2011.  

After many consultations, drafts and expertise on Copyright legislation, laws and standards in the European Union, including WIPO and other institutions, the Law Nr. 35/2016 “On Copyright and Other Related Rights” was approved on intellectual property and creativity in Albania. In 2017, the Albanian Copyright Office became the Directorate for Copyright and other related Rights remaining under the administration of the Ministry of Culture. This directorate monitors the copyright sector, and a new collective agency was established, the Unique Administrative Portal of Author’s Rights (SUADA- Sporteli Unik i Administrimit të të Drejtave të Autorit), as a specialized body for determining remuneration tariffs to users of artistic property in the Albanian market. The trend of liabilities collected and distributed to copyright holders and other related rights by collective management agencies during the period 2015- 2018 is shown in Chart 6¹³¹.  

In September, 2021 the National Book and Reading Centre and the Inspectorate for Market Oversight signed a memorandum of collaboration against piracy in the country¹³² to protect intellectual property, organise collaborative projects and activities to raise awareness and information, etc. Also, in March 2021, a project agreement between the governments of Switzerland and Albania was signed by the Albanian Minister of Finance and the Economy with the Swiss Ambassador to improve the system of intellectual property rights in Albania including processing on patents, public services and inter-institutional collaboration in implementing intellectual property rights. The programme will work with the General Directorate of Industrial Property (under the Ministry of Finance and the Economy) and the Copyright Directorate (under the Ministry of Culture) to improve the administration and use of intellectual property rights. A month later, in April 2021, the Albanian Ministry of Culture signed the Albania-Turkey agreement for strengthening and promoting further cooperation in the fields of protection of copyright, art, archaeology and museology, in the fight against illegal trafficking of heritage objects, etc.  

There have been many consultation meetings with artists, the Ministry of Culture, the National Centre of Cinematography and other stakeholders on the issues related to authors’ rights, royalties, etc. Several creatives claim to receive little to no royalties, highlighting the lack of implementation of laws and regulations by the private and the public sectors. The cinematographer Mevlan Shanaj states that authors’ rights are not being respected in the production of Albanian films and “...laws are done to serve the European tables, not to be implemented”¹³³. 

Some documents¹³⁴: 

• Law Nr.35 Dt 31/3/2016 “On Authors’ Rights and other related Rights” ¹³⁵ 
• Bill 2020 for some additions and changes to law Nr.. 35, 2016 “On Authors’ Rights and other related Rights”¹³⁶ 
• Regulation for the National Council for Copyright¹³⁷ 
• Decision of the Council of Minister VKM Nr.527 Dt 20/7/2016 “On the Approval of the National Strategy for Intellectual Property 2016–2020”¹³⁸ 
• 2017 Council of Ministers' Decision Nr.33, "On the approval of the tariffs applicable to the services offered by the Copyright Directorate" ("CMD Nr.33"),  
• 2017, Council of Ministers' Decision Nr.34, "On the procedures of registration, organization and classification of the copyrighted works" ("CMD Nr.34") 
• 2017, Council of Ministers' Decision Nr.35, "On the functioning, organization and compensation of the National Council of Copyright (NCC)" ("CMD Nr.35) 

Intellectual Property 

The General Directorate of Industrial Property (GDIP) has signed cooperation agreements with the EUIPO (European Union Intellectual Property Office), WIPO (World Intellectual Property Organisation), prepared a National Strategy for Implementation of Intellectual Property Rights 2016- 2020, and offers online registration of industrial property rights through e-albania. Also, the General Directory for Industrial Property and the Albanian Ministry of Finance and Economy and have promoted the protection of industrial property rights through online registration, including the promotion of products Made in Albania, such as Tradita Popullore (Folk Tradition) – Edlira and ONUS & VIP TIE 3D. 

Based on the Annual Report 2020 from GDIP¹³⁹ , there was an increase in applications for registration of national patents, 5 in 2019 and 12 in 2020, yet a decrease in the number of registered national patents from 3 in 2019 to 2 in 2020. Also, the number of patents registered decreased in these two years, from 927 to 843. The request for patent renewals increased from 3690 in 2019 to 4562 in 2020, as did the number of renewed patents from 3543 in 2019 to 3944 in 2020. Due to ease of online applications, the number of documents filed for patents increased from 4952 in 2020 to 6525 in 2020, as did the number of documents issued by GDIP from 5143 in 2019 to 7239 in 2020. 

At a meeting with businesses, the Minister of Finance Ibrahimaj¹⁴⁰ mentioned that during the period January-October 2021, 2,335 trademark applications were filed with DPPI, of which 727 of them were from Albanian applicants, compared to 566 applications by Albanians in 2020. Based on law 9947 “For Intellectual Property” during the period January-October 2021, 313 inspections were conducted on authors’ rights and other related rights and 57 administrative penalties were issued. Also, 20 complaints for threats to market brands were filed, and 6 administrative penalties were issued. 

Last update: January, 2022

Data protection laws 

Law Nr. 9887, date 10.03.2008 “On protection of personal data”, changed by Law Nr. 48/2012 "On some additions and changes to Law Nr. 9887/2008 "On the protection of personal data", changed to Law Nr. 120/2014 "On some additions and changes to Law Nr. 9887/2008" On the protection of personal data"¹⁴¹. 

The Constitution of the Albanian Republic and Law Nr.119/2014 “For the right to information”¹⁴² are directly related to the right to information encouraging integrity, transparency and responsibility of public authorities. 

The Commissioner for the Right to Information and Protection of Personal Data¹⁴³ is the authority in charge of supervising and monitoring the protection of personal data and the right to information by respecting and guaranteeing the fundamental human rights and freedoms in compliance with the law.  

Also, the Ombudsman¹⁴⁴ (People’s Advocate) whose role is observation and implementation of civil rights has the competencies in reference to Law Nr.119/2014 “For the right to information”. 

Constitution of the Republic of Albania: Article 35 

1. No one may be obliged, except when the law requires it, to make public the data connected with his person. 
2. The collection, use and making public of data about a person is done with his consent, except for the cases provided by law 
3. Everyone has the right to become acquainted with data collected about him, except for the cases provided by law. 
4. Everyone has the right to request the correction or expunging of untrue or incomplete data or data collected in violation of law. 

Last update: January, 2022

Language laws 

The Albanian government officially recognized the Albanian Sign Language in 2012 by the Council of Ministers Decision Nr. 837, based on article 102 of the Constitution and Law Nr. 69/2012 “On Pre-university Education in the Republic of Albania”, where article 63 stipulates: “People who do not hear and speak are entitled to the right of communication in sign language.” 

Law Nr. 96/2017 “On the Protection of National Minorities¹⁴⁵” including article 13 on “The Right to Education in the Language of the Minority”. 

Constitution of the Republic of Albania: 

• Article 14 states that "The official language in the Republic of Albania is Albanian". 
• Article 20, point 2 states ‘They (persons) have the right to freely express, without prohibition or compulsion, their ethnic, cultural, religious and linguistic belonging. They have the right to preserve and develop it, to study and to be taught in their mother tongue, as well as unite in organizations and associations for the protection of their interests and identity’. 

Last update: January, 2022

Other areas of general legislation 

No legal actions regarding intellectual property rights and royalties.
No status for artists based on the UNESCO Recommendation concerning the Status of the Artist¹⁴⁶ 

Last update: January, 2022

General legislation on culture 

Following the objectives of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the Ministry of Culture approved the Strategy for Culture 2019-2025 in 2019, providing directions and measures regarding the creative industries, culture in economic development, digitalization of cultural expressions, promotion of new artistic expressions, intensifying cultural exchanges, the inclusion of civil society and youth in cultural policy and legal framework debates, etc. 

Participation in international activities and promotion of Albanian culture are priorities and Law Nr. 27/2018 on Cultural Heritage and Museums sets rules on the trade and movement of cultural assets. Other important laws are: The Law on the Protection of National Minorities is in line with the 2005 Convention as well. Law Nr. 25/2014 For some changes and additions to Law Nr. 10 352/2010, Art and Culture; Law Nr. 70/2016 on Craft in the Republic of Albania; Law Nr. 8576/2000 on Libraries in the Republic of Albania; Law no.9217/2004 “On some additions and changes to the previous law; Law Nr. 9154/2003 on Archives; Law Nr. 8096/1996 on Cinematography (amended by Law no. 9353/2005 for some additions and changes to the previous law); Law Nr. 9616/2006 on Books; Law Nr. 10238/2010 for some changes and additions to Law no. 9616/2006. 

Table 2: International legal instruments implemented by Albania in the cultural field 

All ratified conventions are part of the internal judicial system after being published in the Official Journal of the Republic of Albania. 

Last update: January, 2022

Legislation on culture and natural heritage 

• Law nr. 9048, date 7.4.2003, “For Culture Heritage” and Law nr. 9386, date 4.5.2005, “For Museums” replaced by  
• Law Nr. 125/ 2013 on "Concessions and Public Private Partnership” 
• Law nr.10081, date 23.2.2009, “For licenses, authorizations and permits in the Republic of Albania” amended 

Law Nr. 27/2018 on Cultural Heritage and Museums set changes in the management of cultural heritage and museums, decentralization of administration and financing in order to protect and preserve the national cultural heritage, as well as a substantial change in society's approach to cultural assets. One of the new concepts as a result of the law, among others, is the strategic partnership with natural and legal persons who, from their experience in the field, value the quality of sponsorship, cooperation agreements, exchange of intellectual values and human and financial resources.  

The UNESCO Convention for the Protection of World Culture and Nature Heritage, 1975, was ratified in Albania on July 10, 1989 and implemented in October 10, 1989¹⁵⁰. 

• Law nr. 27/2018, 17.05.2018, “On Cultural Heritage and Museums¹⁵¹. This law has been partially approximated to Directive 2014/60/EU of the Council of Europe and the European Parliament, dated 15 May 2004, “On the return of cultural heritage that illegally left the territory of a member state” and amends Regulation (EU) nr. 1024/2012. Celex: 32014L0060; Official Journal of the European Union, L. 159, dated 28.5.2014 f. 1–10. And Regulation 116/2009/EU of the Council of Europe, dated 18 December 2008, “On the export of cultural products”, Celex 3A32009R0116, Official Journal of European Union, serie L. 139/1, date 10.2.2009 f. 1–7. 

Since the year 2000, the Council of Ministers has taken 33¹⁵² decisions in relation to cultural heritage, such as on the organization and functioning of the Agency for Archaeology Service, National Archaeology Council, protection of natural areas, functioning of the State Museums Commission, declaration of cultural heritage for castles, declaration of classification of archaeology areas, founding of the Chinese Cultural Centre, functioning of the National Centre of Traditional Activities, etc. 

International Conventions Ratified by the Republic of Albania on Cultural Heritage:   

• Law nr. 9490, date 13.3.2006 “On the Ratification of the Convention on the Protection of Intangible Heritage” Paris 2003  
• Law nr 9806, date 17.9.2007 On the Accession of the Republic of Albania to the European Convention “On the Protection of Archaeological Heritage”  
• Law nr.10027, date 11.12.2008 “On the Accession of the Republic of Albanian to the Convention for the Protection of Underwater Cultural Heritage”, Paris 2001   

Cultural Heritage as part of the National Strategy for Culture 2019- 2025¹⁵³ Project on Council of Ministers Decision for “Licensing of Archaeological Activities” 2018  

Last update: January, 2022

Legislation on performance and celebration 

• Rome 1961, INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS,PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS¹⁵⁴ 
• Law nr. 97/ 2013 on “Audiovisual media in the Republic of Albania” 

Last update: January, 2022

Legislation on visual arts and crafts  

• Bern Convention on the protection of Literary and Artistic Works¹⁵⁵ 
• Bill on Arts and Culture, May 30, 2018¹⁵⁶ 
• Bill on the Pensions of some Complex Artists’ Professions¹⁵⁷ on Dec 7 2016 
• Council of Ministers Decision, nr.  246,  date  9.5.2018  “On the approval of the National Plan for the European 2018–2020, Chapter 26- Education and Culture  
• Law nr. 10352, date 18.11.2010, “On Art and Culture ”¹⁵⁸ 
• Law nr. 25/2014 On some changes and additions to Law Nr. 10 352, date 18.11.2010, “On Art and Culture”¹⁵⁹ 
• Law nr. 9154, date 6.11.2003 “On Archives”¹⁶⁰ 
• Law nr. 8096, date 21.3.1996 “On Cinematography’’ changed with Law nr. 9353, date 3.3.2005 on some changes and additions to Law nr. 8096, date 21.3.1996, “On Cinematography”¹⁶¹

Last update: January, 2022

Legislation on books and press 

• Law nr. 8576, date 3.2.2000 “On Libraries in the Republic of Albania”¹⁶² 
• Law nr. 9217, date 8.4.2004 “On some changes and additions to Law Nr. 8576, date 3.2.2000 “For the Libraries in the Republic of Albania”¹⁶³ 
• Law nr. 9616, date 27.9.2006 ” On the Book in the Republic of Albania”¹⁶⁴ 
• Law Nr. 10238, date 18.2.2010 “On some changes and additions to Law Nr. 9616, date 27.9.2006  “On the Book in the Republic of Albania”¹⁶⁵ 

Last update: January, 2022

Legislation on audiovisual and interactive media 

• Law Nr. 91/2019 On some changes and additions to Law Nr.  97/2013 on Audiovisual Media¹⁶⁶ 
• Law Nr. 9918/20 on Electronic Communications 
• 2021 Impact of online media regulation on Albania’s EU accession bid, Civil Rights’ Defenders¹⁶⁷ 

Last update: January, 2022

Legislation on design and creative service 

• Law Nr.55/ 2014 on “Amendments and additions to Law Nr.9947”, dated 07/07/2008 “On Industrial Property” 
• Law Nr. 66/ 26/06/2014 on “Additions and amendments to law Nr. 8488” dated 13/5/1999 “On the protection of the topography of semi-conductor products” approximated to the legislation of the EU. 
• Law Nr. 6/ 2015 on “amendments and additions to law Nr. 10081” dated 23/02/2009 “for licenses, authorizations and permits in the Republic of Albania” 
• Law Nr. 17/ 25/03/2017 on "Amendments and additions to the Law Nr. 9947, dated 7/7/2008" On Industrial Property". This law was drafted by the Directorate General of Patents and Trademarks with the support of the Economy Ministry of Tourism, Trade and Entrepreneurship and is also based on consultation and cooperation closely with experts from the international organizations focussing on intellectual property such as the World Organization for Intellectual Property, European Patent Office and the European Union Office for Intellectual Property.