Whistleblower’s Rights in a Legal Investigation: Exploring the Challenges and Opportunities in Albania

Abstract

Background: This article examines the issues, possibilities, and methods associated with whistleblowing in Albania. Transparency and accountability became increasingly important as the country moved from communist rule to democracy. The passage of the Whistleblower Protection Law in 2016 laid the groundwork for recognising and protecting whistleblowers. This article discusses the legal framework of Law No. 60/2016, as well as other legal initiatives, in the light of the rights and protection provided for whistleblowers, following up with an administrative investigation and criminal proceeding. However, despite these legal strides, whistleblowing is hindered by several issues, including a lack of public awareness, a continuing fear of retaliation, limited legislative safeguards, and resource restrictions among whistleblower-handling organisations. As Albania continues to grapple with these challenges and seize the opportunities at hand, the challenge stands in strengthening the culture of integrity, transparency, and accountability. Commitment to this critical part of governance not only strengthens whistleblower practices but also adds to the fight against corruption and the rule of law. This article concludes with recommendations on turning challenges into opportunities and strengths through the right governance and tools, aligning with the best international practices. Methods: The methodology applied for exploring whistleblowing practices in Albania included a thorough assessment of relevant legal texts, legislative frameworks, and academic literature. Primary sources included a careful review of Albanian whistleblower legislation, emphasising clauses covering rights, safeguards, and processes. This legal research offered a solid grasp of the statutory systems in place to facilitate whistleblowing practices in the nation. Furthermore, a thorough assessment of academic papers, reports from international organisations, and case studies was carried out to capture the practical consequences and obstacles faced by whistleblowers in Albania. This multidimensional approach enabled a full analysis of the theoretical underpinnings as well as real-world uses of whistleblower mechanisms in the Albanian setting. Results and conclusions: The whistleblower practice in Albania has encountered many challenges, but improvements have been made to guarantee access to justice. The main problem that the whistleblower faces is retaliation, which creates such a fear that most will choose to stay silent in the face of injustice or illegal acts. Another issue is certainly job insecurity because many can’t afford to switch jobs or find jobs that meet their criteria. Some recommendations for improving whistleblowing practices and guaranteeing more protection for vulnerable subjects include whistleblower training, strengthening the whistleblower network, evaluating results often and putting financial safeguards in place.