Rule of Law or Rule of Deals? Public Procurement as a Measure of Democratic Consolidation in Albania

By Prishila HYSA, Aderaldo MEMA

Abstract
The article examines whether Albania’s EU-aligned public procurement framework reform, culminating in Law No. 162/2020 “On Public Procurement” and DCM No. 285/2021 “On Public Procurement Rules” represent genuine democratic consolidation or mainly symbolic Europeanization. By analysing the gap between legal alignment and real-world practice, the study determines whether the procurement framework enhances transparency, accountability and rule-of-law governance. The article contributes to scholarly debate on how institutional reforms in post-communist states shape democratic trajectories, particularly in contexts where formal legal compliance coexists with entrenched informal networks and discretionary government practices.A qualitative, interpretive research design is applied through doctrinal analysis of the public procurement framework, policy and performance analysis based on reports from national oversight bodies and international institutions. Legal developments are further correlated with governance and corruption indicators in order to evaluate the broader impact on democratic governance. The findings indicate that Albania’s procurement framework is largely aligned with the 2014 EU directives and is supported by comprehensive secondary rules and an electronic procurement and e-appeals system (European Commission ,2023). Nevertheless, implementation remains uneven. Critical elements of functional alignment, particularly the interoperability with European platforms and other national platforms remain underdeveloped. The study relies on secondary data and official statistics. It does not include original econometric testing or interviews with procurement officials and economic operators. Mixed-methods research could further refine the causal link between procurement practice and democratic consolidation. The article offers concrete recommendations for reducing the implementation gap, including limiting derogations and strengthening institutional coordination and interoperability. Because public procurement represents 16.5% of Albania’s GDP in 2024 (European Commission, 2025), the article frames public procurement as a political test of democratic consolidation rather than a purely technical compliance field. It demonstrates how the coexistence of EU-aligned law and “rule-of-deals” practices reveals the hybrid nature of Albania’s post-communist transformation.

Keywords: Public procurement; Europeanization; corruption; democratic consolidation; rule of law.

https://doi.org/10.58944/ciew8091