1. Incorrect Terminology and Conceptualisation of Volunteering as an Employment Relationship
The draft Law continues to define volunteering inaccurately, using language that equates it with employment relationships. This approach is contrary to the fundamentally non-formal and civic nature of volunteer engagement. In particular, Article 19, paragraph 3, provides that “the relationships arising from the volunteering agreement, in the absence of specific regulation in this Law, shall be governed by the relevant provisions of the Labour Code and the implementing bylaws thereof”, further reinforcing the inappropriate convergence with a framework designed for employer–employee contractual relationships.
This wording creates legal uncertainty for volunteering service providers and volunteers and risks resulting in volunteering being treated de facto as informal employment, with potential consequences also in terms of taxation, insurance and inspections by the relevant authorities.
Furthermore, this is contrary to internationally recognised principles on volunteering. According to the recommendations of the Council of Europe on the promotion of volunteering, Member States should clearly establish that the volunteering relationship is not an employment relationship, while maintaining the essential distinction between a freely undertaken civic act and an engagement based on financial compensation. Likewise, the EU Volunteering Charter emphasises that volunteering is neither work nor an alternative to work, but an act of solidarity and active participation.

Recommendation: All references to employment relationships should be removed from the draft Law and the legal framework should be adapted to the nature and fundamental principles of volunteering. Where supplementary provisions are necessary, these should be specific to volunteering, while respecting its non-profit and non-compulsory nature.

2. Absence of Provisions on Mass Volunteering
The draft Law does not include provisions on mass volunteering, an important form of civic mobilisation in situations such as natural disasters, crises or large-scale social campaigns. In other European countries, volunteering legislation includes specific provisions for such situations, linked to legislation on civil emergencies.

Recommendation: The possibility of including a specific article on mass volunteering should be considered, in accordance with the existing legislation on emergencies, in order to establish a clear framework for cooperation, responsibility and protection of volunteers engaged in such situations.

3. Insurance of Volunteers
The draft Law imposes an obligation on non-profit organisations to insure volunteers against accidents and occupational diseases, but does not guarantee a clear, functional and sustainable mechanism to support the implementation of this obligation. Although the possibility of reimbursement by the State is provided for, this is linked to a secondary legal act, leaving the procedures, criteria and access to such reimbursement unclear.
This situation creates uncertainty and a financial burden, particularly for small and local organisations that do not have the capacity to cover such costs in advance. However, it is also challenging for larger organisations, given that the sector is increasingly facing limited funding resources. The absence of a clear reimbursement scheme constitutes a real obstacle to the further development of volunteering.

Recommendation: The draft Law should provide for a clear and sustainable State mechanism for covering insurance for volunteers, through a public scheme, a dedicated fund or financial support for non-profit organisations. This would enable more equitable access, remove uncertainty regarding reimbursement and encourage the expansion of volunteering throughout the country, in line with European good practices.

4. Need for a Clear Exclusion of Political, Religious or Extremist Purposes
Article 18, paragraph 2, subparagraph (b), of the draft Law provides that public institutions may organise or support volunteering “for educational and civic purposes”. However, the current wording is unclear and allows for broad interpretation, as it does not explicitly exclude the use of volunteering for political, religious, propagandistic or extremist purposes.
International good practices and international instruments governing civic participation and volunteering emphasise the need to protect civic space from politicisation or extremism. The inclusion of a clear clause excluding such purposes helps preserve the non-political and inclusive nature of volunteering.

Recommendation: We suggest that a clear clause be added to the Law establishing that volunteering may not be used for political, religious, propagandistic or extremist purposes, and that Article 18 be reformulated in order to avoid any interpretative scope that could lead to misuse. This would guarantee the preservation of the purely civic, solidarity-based and educational character of volunteering in Albania.

5. Regulation of the Reimbursement of Expenses
The draft Law (Article 14) provides that reimbursement of expenses for volunteers may not exceed 30% of the national minimum wage. This numerically defined limit does not reflect the diversity of needs arising from different volunteering engagements, particularly where these involve transportation, food, accommodation, work equipment or participation in activities outside the place of residence.
In the practices of EU Member States, reimbursement of expenses is treated as a support measure that should not constitute a financial benefit, but should ensure coverage of the actual and justified costs related to volunteer service.

Recommendation: We propose that the draft Law should not establish a fixed percentage, but should instead provide as a principle that reimbursement of expenses be linked to actual costs, for the purpose of supporting the volunteer.

6. Volunteer Register
The draft Law provides for the establishment of an Electronic Register for Volunteering, which will be administered by the institution responsible for employment. However, it remains unclear what specific data will be included, how the protection of personal data will be ensured and in what form reporting by organisations will be carried out. Without detailed clarification regarding the content, frequency and manner of reporting, there is a risk that this system could become an additional administrative obligation, particularly for organisations with limited capacities.

Recommendation: The Register should remain a functional tool for recording and analysis, rather than an administrative control mechanism. The Law should clearly define the nature and level of the data to be collected, respecting the principles of proportionality and protection of personal data. Reporting by organisations should be periodic, simplified and harmonised with the practices of EU countries, with the aim of reducing the administrative burden. The Register could focus on volunteering service providers rather than the volunteers themselves, thereby ensuring the collection of general and non-personal data, while allowing the collection of the information necessary for volunteering in the country.

7. Volunteer Record Book
The draft Law provides for an electronic “Volunteer Record Book” for volunteers, which will be issued by the institution responsible for employment and skills. Although it aims to document volunteer contributions, its purpose, practical use and relationship with the Register remain unclear. There is a risk that this could add bureaucratic procedures without providing real value to volunteers or organisations. This approach reinforces an unnecessary bureaucratic and centralised role of the State in an area characterised by flexibility and activities organised at community level or on an informal basis.
Experience in the European Union does not recognise centralised mechanisms for documenting individual volunteers. Instead, simple forms of verification are often used through agreements, declarations or certificates issued by the volunteering service providers themselves. In some cases, countries also use tools for recognising competences acquired by volunteers, such as skills passports; however, these are not issued by State institutions, are not mandatory and do not have an administrative function.

Recommendation: The issuance and management of the Volunteer Record Book should not be centralised by the State, as provided for in the draft Law. The option of making its issuance voluntary and non-mandatory could be considered, as well as allowing it to be issued by the volunteering service providers themselves. The Law should avoid any element that could discourage the free participation of citizens in volunteering.

8. Sanctioning Provisions: Contrary to the Enabling Spirit of the Law on Volunteering
The draft Law provides for sanctions against entities that fail to comply with the prescribed obligations, including fines ranging from ALL 20,000 to ALL 50,000. These provisions are not consistent with the nature of volunteering laws in EU countries, where the approach is supportive, educational and non-punitive.
Volunteering laws in most European countries aim to create a supportive and enabling framework for actors who contribute voluntarily to society. Conversely, the sanctioning provisions of this draft Law may have a deterrent effect, significantly increasing the administrative burden on non-profit organisations and hindering the development of a vibrant culture of volunteering.
In particular, the draft Law provides for fines for failure to register or failure to fulfil procedural obligations, which are often the result of a lack of resources or capacity rather than bad faith or abuse.

Recommendation: We suggest removing the financial sanctioning provisions and replacing them with supportive and educational mechanisms, such as technical assistance for organisations, facilitated monitoring and awareness-raising campaigns on the implementation of the Law. This approach would help create a favourable environment for the development of volunteering, in line with European standards and the Albanian context.

9. Alignment with Existing Legislation
To ensure the full and effective implementation of the new Law on Volunteering, its adoption should be accompanied by the necessary updates to other legal acts relating to interconnected areas, such as:
*The Law on Foreigners, in order to clearly regulate the status of international volunteers in Albania, including residence permits and the criteria for engagement;
*The legislation on social and health insurance, in order to determine the possibility of coverage for volunteers engaged for longer periods or in areas involving specific risks, without undermining the principles of volunteering; etc.

Recommendation: Measures should be undertaken to harmonise the Law on Volunteering with the existing legislation in order to avoid legal gaps, uncertainty in implementation or unequal treatment of domestic and international volunteers.