Sequestration and Right to Effective Appeal Under the OFL Normative Act

Abstract

In Albania, the Council of Ministers adopted the OFL law in 2020 to strengthen the rule of law by enabling the sequestration and confiscation of assets from individuals suspected of serious crimes, including organized crime and terrorism. Although intended to complement existing laws like the Anti-Mafia law, the OFL law is characterized by its temporary nature and urgent enactment. Despite its survival of a constitutionality challenge affirmed by the Constitutional Court in 2022, criticisms persist regarding its infringement on constitutional rights such as the right to an effective appeal and equality before the law. The law allows for asset sequestration without the presence of the affected party and provides a formal right to appeal that lacks substantive judicial review, thereby raising concerns about the violation of property rights as per the Constitution of Albania. This article explores the implications of the OFL law on fundamental rights and legal processes.