PETITION OF THE COMMUNITY OF ALBANIAN POETS, WRITERS, AND LITERARY CRITICS TO THE MINISTRY OF CULTURE

PETITION OF THE COMMUNITY OF ALBANIAN POETS, WRITERS, AND LITERARY CRITICS TO THE MINISTRY OF CULTURE

Administrative Request with Normative Character and Warning of Violation of Legal Principles Addressed to the Ministry of Culture

Subject:
Request for the annulment of the National Literature Awards for 2024, suspension of the title “Poet Laureate” (2025–2027), approval of a binding regulation for literary juries, and legal regulation of the procedure for awarding the title “Poet Laureate,” in accordance with the Constitution, the applicable legislation, and international standards.

To:
Ministry of Culture
Republic of Albania

LEGAL BASIS

This request is based on:
– Article 18 of the Constitution of the Republic of Albania (equality before the law and prohibition of discrimination);
– Article 23 of the Constitution (right to information and transparency);
– Article 59, points (c) and (d) (State obligation to develop culture and education);
– Law no. 7961/1995 “Code of Administrative Procedures,” as amended (principles of legality, impartiality, proportionality, and transparency);
– Law no. 10352/2010 “On Art and Culture,” and its implementing sub-legal acts;
– Law no. 9367/2005 “On the Prevention of Conflict of Interest in the Exercise of Public Functions”;
– Principles of the European Convention on Human Rights, regarding impartial administration of public institutions.

Article 1

(Object and Purpose)

1. This request aims to identify and rectify procedural, ethical, and legal violations in the administration of state literary awards.
2. The purpose is to restore legality, professional autonomy, and the public and national cultural interest.

Article 2

(Violation of the Principle of Legality and Equality)

1. The procedures followed for the 2024 National Literature Awards violate:
   a) the principle of equality before the law (Article 18 of the Constitution);
   b) the principle of fair competition;
   c) the principle of administrative impartiality.
2. The arbitrary elimination of literary genres constitutes indirect discrimination against categories of authors and contravenes the constitutional obligation of the State to promote culture.

Article 3

(Administrative Annulment of the 2024 National Literature Awards)

1. Pursuant to Article 109 of the Code of Administrative Procedures, the annulment of the administrative acts that produced the 2024 National Literature Awards is requested.
2. The acts are invalid due to:
   – serious procedural violations,
   – lack of transparency,
   – conflict of interest.

Article 4

(Conflict of Interest and Invalidity of Juries)

1. The composition and functioning of the juries are in violation of Law no. 9367/2005.
2. Any case in which:
   – a jury member has received or is receiving an award,
   – or is directly connected with the beneficiaries,
   constitutes a clear conflict of interest and grounds for invalidity.
3. Decisions made under conditions of conflict of interest produce administrative acts that are absolutely invalid.

Article 5

(Suspension and Legal Regulation of the “Poet Laureate” Title)

1. The title “Poet Laureate” is a state title with national representative function and cannot be awarded by third-level administrative structures without constitutional legitimacy and professional capacity and responsibility.
2. Awarding this title through a non-professional jury constitutes:
   – violation of the dignity of Albanian poetry,
   – overstepping administrative competencies.
3. In accordance with international practice:
   a) The Poet Laureate is proposed by the Director of the National Library of Albania;
   b) The title is officially conferred by the President of the Republic, as the constitutional authority for titles with national symbolic weight.
4. Any other procedure is considered legally invalid and morally degrading for the poetic community.

Article 6

(Criteria for the Appointment of the Poet Laureate of Albania)

1. For the purposes of this petition, the awarding of the title “Poet Laureate of the Republic of Albania” must be based on a set of fundamental criteria, ensuring institutional legitimacy, aesthetic authority, and professional credibility of the Poet Laureate. These criteria reflect high academic, cultural, and ethical standards in accordance with international practice and national literary tradition.
2. Fundamental criteria for appointment:
   a) Aesthetic excellence and critical legitimacy – The candidate must possess a consolidated poetic corpus widely recognized and appreciated by the literary community, professional criticism, and academic institutions of literary studies, reflecting high standards of creativity and formal innovation.
   b) Sustained and influential contribution to Albanian poetry – The candidate must have continuously contributed to the development of Albanian poetry, enriching its language, themes, and poetic forms, with international recognition and impact where applicable through translations, publications, or reception abroad.
   c) Public, ethical, and institutional representative profile – The Poet Laureate must demonstrate high moral, ethical, and intellectual integrity and be capable of representing Albanian poetry and culture with dignity in public, institutional, and international spaces, guaranteeing symbolic authority and institutional credibility.
   d) Documented commitment to poetic promotion and education – The candidate must have demonstrated sustained engagement in promoting reading, writing, and poetic culture through educational, public, cultural, and scholarly activities, with special emphasis on youth inclusion and literary education.
   e) Institutional recognition for a long literary career – The title of Poet Laureate must be considered an institutional and symbolic acknowledgment for a long and consistent career in the service of Albanian poetry, national culture, and intercultural literary dialogue.
3. Any candidacy failing to meet the above criteria is deemed incomplete, and the appointment procedure must be suspended until compliance.
4. Literary juries, responsible institutions, and any administrative act related to the appointment of the Poet Laureate are obliged to strictly observe these criteria, ensuring process integrity, transparency, and legitimacy.

Article 7

(Binding Regulation for Literary Juries)
Approval of a binding regulation is requested to provide:

1. Absolute 5-year prohibition on award receipt by former jury members;
2. Irrevocable one-year term for jury members;
3. Mandatory rotation and prohibition of institutional recycling;
4. Legal obligation for transparency, in accordance with Article 23 of the Constitution.

Article 8

(Restoration of Literary Genres as Public Obligation)

1. Restoration of classical genres is not a political option but a cultural duty of the State.
2. Their exclusion constitutes a violation of Article 59 of the Constitution.

Article 9

(Administrative and Institutional Responsibility)

1. Failure of the Ministry to act constitutes a violation of the duty for legal oversight.
2. The right is reserved for:
   – administrative appeals,
   – reporting to state control institutions,
   – and further legal action before SPAK.

Article 10

(Normative Proposals for the Future Institutional Functioning of the National Center for Books and Reading)

1. Considering that the issues identified in the National Center for Books and Reading (NCBR) have a structural and systemic character and are not limited to isolated procedural violations, the Ministry of Culture is requested to initiate, within a reasonable legal timeframe, a formal decision-making process to reconceptualize the status and functions of this institution.
2. To this end, the Ministry is obliged to transparently and legally evaluate one of the following three scenarios as fully legitimate alternatives for reform:
   a) Dissolution of the NCBR and institutional reset – Applied in case of complete loss of institutional legitimacy, aiming to:
   – terminate clientelist practices,
   – reconceptualize the mission and competences,
   – rebuild based on literary autonomy,
   – legally guarantee the separation between financial administration and aesthetic evaluation.
   b) Deep restructuring with independent external audit – Includes:
   – independent, preferably international, audit of book policies and literary awards,
   – complete revision of operating and award regulations,
   – reorganization of competences between the Ministry, NCBR, and juries,
   – legal measures to prevent recurrence of conflict of interest.
   c) Decentralization of book policies and state awards – Aims to:
   – eliminate NCBR monopoly over national awards,
   – create independent thematic juries for specific genres,
   – involve universities, public libraries, and academic institutions as evaluators,
   – increase aesthetic pluralism and reduce institutional capture risks.
3. Any intervention limited to personnel changes without structural reform and normative regulation is considered a formal reform with no legal effect, contrary to principles of legality and public interest.
4. The Ministry of Culture is legally obliged to publish:
   – the chosen scenario,
   – the legal and institutional rationale for the choice,
   – and concrete implementation deadlines.

Article 11

(Final Provision)
A reasoned written response is requested within the legal deadlines, in accordance with the Code of Administrative Procedures.

Signatories