The Commissioner for Protection from Discrimination (CPD) is the equality body in Albania, established since 2010, upon the Law 10221/2010 “For Protection from Discrimination”, that is aligned/approximated with four European Directives in the field of non-discrimination. The CPD is a public legal person, responsible to assure effective protection from discrimination. The CPD is independent in the exercise of duty and is subject only to the Constitution and law.
The Assembly of the Republic of Albania approved the Law No. 10221/2010 “For Protection from Discrimination” (LPD), which entered into force on 13 March 2010. Further the Law no. 10 221 has been amended by the Law no. 124/2020 “For some additions and amendments to law no. 10221, dated 4.2.2010 “On protection from discrimination”, which was approved on October 15, 2020. Upon approval of the LPD, the Assembly of the Republic of Albania approved the following acts for the establishment of the Office of the CPD: Decision no. 34, on 20.05.2010 of the Assembly of the Republic of Albania “On the approval of the structure, organizational structure and classification of the work positions of the Office of the Commissioner for protection from discrimination”, provided for 23 employees. At present, by Decision 88/2018 of the Assembly of the Republic of Albania, the CPD has 34 employees.
Decision 33/2010 on the election of the Commissioner. At present, by Decision no. 60/2018 of the Assembly of the Republic of Albania “On the appointment of the Commissioner for protection from discrimination”, Mr. Robert Gajda was elected as Commissioner. The Commissioner is elected by the Assembly for a 5-year mandate that may be renewed once.
The CPD is entitled to a number of powers:
Defending own legally binding decision before the courts, Amicus curiae brief or similar, Intervention in support of a party, Bringing proceedings in the name of the equality body [with or without an identifiable victim] but on behalf of one or more individual person(s) who consents to this.
|Education||Age, Disability, Gender, Gender Identity, Health Status, Race and Ethnic Origin, Religion or Belief, Sexual Orientation, Other Grounds, Family Status|
|Employment||Age, Disability, Gender, Gender Identity, Health Status, Race and Ethnic Origin, Other Grounds, Religion or Belief, Family Status, Sexual Orientation|
|Goods and Services||Age, Disability, Family Status, Gender Identity, Gender, Health Status, Race and Ethnic Origin, Other Grounds, Religion or Belief, Sexual Orientation|
|Housing||Age, Disability, Family Status, Gender, Gender Identity, Health Status, Other Grounds, Race and Ethnic Origin, Religion or Belief, Sexual Orientation|
|Other||Age, Disability, Family Status, Gender, Gender Identity, Health Status, Other Grounds, Race and Ethnic Origin, Religion or Belief, Sexual Orientation|
|Social Protection & Healthcare||Age, Disability, Family Status, Gender, Gender Identity, Health Status, Other Grounds, Race and Ethnic Origin, Religion or Belief, Sexual Orientation|
Colour, language, citizenship, political, religious or philosophical beliefs, economic, education or social situation, gender identity, sexual orientation, sex characteristics, living with HIV/AIDS, pregnancy, parentage belonging, parental responsibility, family or marital condition, civil status, residence, health status, genetic predispositions, appearance, affiliation with a particular group or any other ground.
Standalone dedicated national equality body
|Number of cases handled||169||202||132||232||183||206|
|Number of inquiries||169||202||132||232||183||206|
|Number of litigation cases|
Single headed equality body (led by director or ombudsman/commissioner)
Directory of Administrative Investigation (Director + 5 inspectors): – examines complaints from persons or groups of persons who claim that they have been discriminated against or complaints from organizations that have a lawful interest to act in the name and with the written consent of individuals or groups of individuals, who claim that discrimination has occurred; – performs administrative investigations after the receipt of credible information about a violation of this law (cases initiated by the CPD); – conducts administrative procedures through investigations and inspections, verifying facts, holding public hearing session between the parties etc; – imposes administrative sanctions according to the law;- issues decisions.
Legal Department (Director + 4 specialists): – represents the authority before in court proceedings; – at the request of the court examining a discrimination case, sets out a written opinion; – represents a complainant in the judicial organs in civil cases, with his approval; – drafts legal opinions; – follows the procedures of the execution of fines – consults new sub/legal acts to be approved; – makes recommendations to the competent authorities, especially by proposing the approval of new legislation or the amendment or reform of existing legislation; – makes recommendations about any kind of issue related to discrimination.
Directory of Receiving Complaints (Director + 5 specialist, including 3 of Regional offices) receives complaints, provides information on the procedure, holds the register of complaints submitted.
Election of the Commissioner is done by Decision of the Assembly of the Republic of Albania (Parliament).
The Commissioner is elected for a mandate of five years, with the right to be re-elected only once. (article 25 of the law on protection from discrimination).
The Assembly decides on the pay of the commissioner, the organizational structure and the classification of pay for the employees of the Office of the Commissioner for Protection from Discrimination. The employees of this office enjoy the status of civil servant. The Commissioner is supported by the Office of the Commissioner for Protection from Discrimination (office). The office has its personnel and necessary equipment to support the commissioner in fulfilling the duties assigned by law (article 21).
Method of election of the Commissioner: The Commissioner is elected by a majority of all the members of the Assembly. Possible candidates for commissioner are proposed to the Assembly by a group of deputies. Before taking office or taking office again, the Commissioner takes an oath before the Assembly. (article 23)
Nomination of the CPD structure and wages is done by Decision of the Assembly (Parliament).
|Number of staff members working on equality||15||14||14||14||23|
|Operating budget in euros [ACTUAL]||273622||279802||328596||311652||350540||413839|
|Operating budget in euros [ALLOCATED]||273622||279802||328596||311652||350540||413839|
|Operating budget in euros for the parts of the organisation dealing with equality issues (all types of functions) [ACTUAL]|
|Operating budget in euros for the parts of the organisation dealing with equality issues (all types of functions) [ALLOCATED]|