Following the notification from the Minister of State for Youth and Children regarding the public consultation on the Draft Law “On Volunteering,” we hereby submit a series of comments and recommendations concerning the proposed draft law.

While the proposed draft law aims to establish a stable and favorable legal framework for volunteering, we note that the draft still presents several problematic issues. These concerns have been previously raised during discussion tables with civil society organizations, as well as in legal opinions and recommendations submitted to the Minister of State for Youth and Children regarding improvements to Law No. 45/2016 “On Volunteering.”

Some of the key issues are outlined below:
• The article regarding the purpose of the law needs improvement: The law should primarily aim to promote volunteering services and create effective conditions for volunteering in the public interest while safeguarding individuals’ right to volunteer. It should eliminate bureaucratic restrictions that hinder volunteering and protect volunteers’ rights.
• Regarding the protection of volunteers’ rights, we observe an excessive focus on provisions for minor volunteers, leading to inconsistencies with fundamental legal principles concerning minors’ limited legal capacity and the age of full legal capacity. These essential legal provisions must be upheld.
• The draft law does not establish principles that would effectively enable volunteering by foreign nationals, particularly in cases of civil emergencies.
• The definitions section lacks a definition of “volunteering service.” According to European charters and relevant legislation on volunteering, volunteering is defined as a “service,” emphasizing that volunteering should not be regulated or interpreted as an employment relationship, even when a volunteer contract is signed. This definition is crucial to clarify a key issue encountered in implementing the previous law, which treated volunteer engagement as employment and required volunteering service providers to comply with tax and social security obligations. This approach disregards the significant public benefit of volunteering. The new draft law should explicitly define “volunteer service” to prevent taxation and social security obligations that undermine the broader societal benefits of volunteer engagement.
• In line with the above, the definition of the volunteer contract should replace the term “work” with “service” so that the provision reads: “The volunteer contract is the contract established for the provision of volunteer service…”. This amendment would effectively prevent the misinterpretation of volunteer contracts as employment contracts.
• Regarding the provisions on volunteer registration, centralizing and managing this registry by the state serves no clear purpose. As previously suggested, each nonprofit organization should maintain its own register of engaged volunteers. Relevant state institutions, such as inspection bodies, could obtain statistical information from nonprofit organizations. Additionally, volunteer booklet should be issued by the nonprofit organizations hosting volunteers (volunteering service providers), rather than by state institutions.
• The increased administrative sanctions give the draft law a repressive character. In terms of the law’s purpose and intent, these measures—due to the lack of required proportionality and consideration of whether a violation is repeated or not—result in a regulatory regression compared to the current law. Volunteering providers, in general, are not encouraged, incentivized, or provided with legal or moral support due to the increased administrative and bureaucratic burdens. These additional measures translate into extra costs and workload for existing personnel to comply with and implement the legal provisions.

• The draft law should ideally be consulted and adopted alongside the corresponding bylaws to ensure that these regulations do not go beyond the provisions and allowances established in the law itself. We hope that at the very least, the above recommendations will be taken into account in the final version.

Specific Comments on Articles:

Article 2 – Purpose of the Law
The new draft law aims to promote and support volunteering by providing a more favorable regulatory framework. However, while the law initially emphasizes the encouragement and facilitation of volunteering, this intent is not consistently reflected throughout the provisions of the draft.

Article 5, Point 5
Article 5 defines volunteering as a service benefiting the community in its interest. However, Point 5 of this article limits this definition to Albanian citizens, thereby making the provision incomplete. While foreign nationals are mentioned in a separate provision, their explicit inclusion in the primary definition of volunteering service would ensure greater legal clarity.

Article 7, Point 4
This provision introduces a significant change regarding volunteer providers and beneficiaries. However, the legislative technique used creates ambiguity and confusion. Under the existing law, only nonprofit entities can serve as volunteer-hosting organizations, whereas the new draft allows for-profit legal entities to engage volunteers. While this provision could potentially strengthen volunteer engagement, it requires additional safeguards to prevent potential abuses then those on artcile 23. Without clear limitations, companies and corporations could exploit volunteers for regular business operations, replacing paid labor with unpaid volunteer work.

Article 7, Point 7
While the inclusion of volunteer programs in this provision is positive, it lacks adequate referencing and further detailing. These programs vary significantly in terms of competition, hierarchy, and regulatory requirements at regional, continental, and international levels, leaving room for multiple interpretations.

Article 12, Point 1
The principles governing the new law represent a positive addition. However, the legislative technique and terminology used are problematic and inconsistent. The phrase “performing work” in volunteering contradicts the spirit and nature of the law, which should regulate volunteering as a “service.” The use of “performing work” creates confusion and aligns the language with labor legislation rather than volunteer service regulations. The terminology should instead refer to “providing volunteer services and activities” to avoid misinterpretations.

Article 13. Point g.
To avoid misinterpretations, the term “pocket money payment” should be replaced with “reimbursement of documented expenses incurred during volunteering.” The term “pocket money payment” is inconsistent with the objectives and principles of the draft law. It appears to have been adopted from EU programs but lacks contextual relevance to Albania’s socio-economic reality. Furthermore, the proposed limit of 30% of the national minimum wage is impractical, as nonprofit organizations engaging large numbers of volunteers would be unable to allocate the required financial resources.

Article 24, Point ç
In cases where an individual has been deprived of the right to act, it may be specified that they must have a clean criminal record. It should also be clarified that the volunteering contract cannot serve as a means to reintegrate the individual into social activities that may have been prohibited by a court decision or other law enforcement authorities.

Article 43, Point 1
Following the above suggestion, regarding the volunteer booklet, it may be specified that the volunteer booklet should be an electronic document.

Article 43, Point 1
The provisions regarding the Volunteer Booklet are overly centralized and bureaucratic, with minimal input from volunteering service providers. Meanwhile, it would be entirely feasible for the ministry responsible or the relevant agency to approve the format and content of volunteer booklets with unique identification numbers. The completion of these booklets, based on volunteering fields and programs, along with the respective volunteers’ names, would be carried out by the Volunteering Provider. Under the current provisions, AKPA would still obtain this information from NPOs offering volunteering opportunities or businesses licensed to do so (the latter should not be permitted – see above).
Volunteering providers would handle the booklet updates similarly to employment booklets or other comparable processes; in this case, they would be the volunteer booklets. Volunteers have a direct connection with volunteering providers rather than an indirect link through central institutions or relevant agencies.

Article 46, Points 1, 2
The provisions of Article 46 regarding administrative offenses introduce new measures in the draft law compared to the current law. The increased administrative measures give the draft law a repressive character. In terms of the law’s purpose and intent, these measures—due to the lack of required proportionality and consideration of whether a violation is repeated or not—result in a regulatory regression compared to the current law.
Volunteering providers, in general, are not encouraged, incentivized, or provided with legal or moral support due to the increased administrative and bureaucratic burdens. These additional measures translate into extra costs and workload for existing personnel to comply with and implement the legal provisions.

The above comments have been sent for information to the Minister of State for Youth and Children, as coordinator of the public consultation process, hoping to take them into consideration, at the same time requesting a meeting for a broader consultation with civil society organizations and addressing all the issues and problems mentioned above.

Below is the list of organizations and networks that have joined the above comments and suggestions.

(in alphabetic order)

Acli Ipsia in Albania
Act for Society
Act Think Center
Active Mobility
Albanian Caritas
Center for Education and Social Advancement
CODE Partners / “ARKA”
Center Durrësi Aktiv
Erasmus Student Network
Emanuel Mission Foundation
Albanian Disability Rights Foundation (ADRF)
Free Speech Forum
Wikimedians of the Albanian Language
Hand to Hand Against Nation Apathy (H.A.N.A)
Impact Incubator Foundation
Social Contract Institute (SCI)
Institute for Policy and Legal Studies
Albanian Institute of Food and Innovation
National Youth Congress (an umbrella organization of around 140 youth organizations from all over Albania, aiming to strengthen the role of young people in society).
Albanian Volunteer Corps
KS Factor
European Movement Albania
Network Albania
Initiative for Social Change (ARSIS)
Observatory for Children’s Rights
Opportunity Balance and Overcoming
Partners Albania for Change and Development
Association for Psycho-Social and Cultural Development of Children and Youth, Elbasan
Beyond Barriers Association (BBA)
“Aulona” Center
Institute for Stategic Development
“Epoka e Re” Center
“Streha” Center
“Youth Act” Center
Gender Alliance for Development Centre (GADC)
AMAD Center
Environmental Center for Development Education and Networking (EDEN)
ICG Research Center
Jonathan Center
Social Advocacy Center
Center for Gender Justice in Albania
Center For Economic Development And International Relations
Albanian Center for Population and Development (ACPD)
Albanian Center for Oriental Studies (ACFOS Albania)
Albanian Center for Family Development
Trokitja Center
YMCA Shkodra
Youth Voices Network (A national network of 21 organizations working in various regions across the country, for and with young people.
Young Professionals Network
Y-Peer, Albania Network
Association Useful to Albanian Woman
The Association “Social Center for Helping People in Need” Fushë-Arrëz
AKS Association
Different and Equal
United Nations Association Albania (UNAA)
Youth Rights & Citizenship Initiative