Tobacco law and the state as a spectator

"In the capital it is very difficult to find a place where smoking is not allowed inside"

Denada Jushi

Albania often boasts about the laws it passes, especially when it comes to protecting public health. However, when laws become a battle with reality, the problem of implementation comes to the fore.

The law banning smoking in enclosed spaces, despite continuous changes and improvements, is a flagrant case where words remain only on paper.

The story begins in 2006, when Law No. 9636 was drafted to protect public health. But the failure to implement it required intervention in 2013, followed by further tightening in 2019.

The then Minister of Health, Ogerta Manastirliu, announced tougher measures for anyone who violates this law, resolutely declaring "war" against violators, but in practice this war has turned into an empty spectacle, where violations are so widespread that punishments seem more the exception than the rule.

Figures that need no comment

The State Health Inspectorate (ISHS) reported only 71 administrative measures against bars and restaurants in 2024, as well as 3 small fines for individuals. A ridiculous number compared to the flagrant dimensions of the problem.

In Tirana, for the year 2024, there are 8 coffee shops, where only one fine is calculated per 300 days of the year for 365 coffees, highlighting the low number of measures taken.

Efforts to obtain more concrete details on the inspection methodology are met with silence from the institutions. Another signal that shows the lack of transparency and seriousness in this area.

According to Roland Shuperka, one of the drafters of the law, the problems started from the beginning. The definition of “enclosed space” was so vague that it created fertile ground for abuse. Today, glassed-in spaces are considered “enclosed,” but that hasn’t stopped entities from committing massive violations.

 On the ground, some bar and restaurant owners admit that the smoking ban is a blow to business, and often prefer to risk a fine than lose customers.

LH is the manager of a well-known bar near the center of the capital, he tells us that not allowing cigarettes, especially during the winter, would have negative effects, such as significantly decreasing turnover, so sometimes he has to allow customers to consume even though it is not allowed.

"The checks are not periodic, but even when they are, I try to find an alternative route, so far it has worked for me..."

But there are rare cases that make an exception. Bar Panorama is a cafe located on “Pjetër Budi” Street that has decided to respect the anti-smoking law since the first day of its adoption.

Mario Topalli, the owner of the cafe, says that this law is the right one and that he has decided to respect it not out of fear of fines but as an appropriate measure to protect health.

(In the photo: Panorama Bar)

"Our coffee shop environment is not very large, so weëthat smoking would be consumed inside would beëhey very harmful for shëEven the coffee shop outside is nice.ëadapted according to the rules of this law and we have left it toë open on 2/3 of the surface.”

The state as a spectator

Inspections are selective and often based on clientelism. Shuperka

emphasizes that the success of a law is not measured by sporadic inspections, but by whether indoor environments are truly smoke-free. On the other hand, the harsher fines – reaching up to 18 million lek – have created more room for corruption than for respect for the law.

The lack of enforcement of this law was part of the European Union's progress report made public at the end of 2024.

“The smoking ban in indoor public spaces is rarely enforced.”

A comparison that "blackens" us

While in Albania we are still trying to ban smoking in closed environments, cities like Milan have gone further by banning smoking in outdoor public spaces. As of 2025, smoking in Milan will be completely banned in squares and parks, with fines of up to 240 euros. An approach based not only on public health, but also on environmental protection, experts say.

“Milan has imposed a strict ban on smoking in public areas, excluding e-cigarettes, with fines ranging from 40 to 240 euros. The ban aims to improve air quality and protect citizens, including children. Some residents support the ban to combat pollution.”

Doctors' alarm

Doctors, such as pulmonologist Entela Belba, warn of the terrible harms of indoor tobacco consumption, which affect both smokers and those who inhale passive smoke. Tobacco smoke contains over 7,000 chemicals, of which 70 are carcinogenic. The effects range from lung and cardiovascular diseases to damage to the immune system and complications during pregnancy.

The WHO declared in 2024 the alarm that tobacco and alcohol kill 2,7 million people every year in Europe. Citizens must recognize the negative impact on health but also on the economy. The WHO estimates that tobacco causes more than 1 million deaths per year, 10% of all deaths in Europe. Nearly 600,000 people die every year from fossil fuels (5% of all deaths)

A while ago, The Guardian published a study conducted by researchers at University College London, which found that on average, a single cigarette can take about 20 minutes off a person's life, meaning that a pack of 20 cigarettes can shorten a person's life by almost seven hours. This fact shows the real danger that smoking causes.

Public awareness

It is clear that fines are not enough. They often become a tool of pressure and corruption, instead of serving as an incentive for compliance with the law. Public awareness campaigns are almost non-existent, while citizens remain uninformed about the real dangers of smoking. State institutions cannot continue to be spectators.

The anti-smoking law can only be successful with an aware society and with institutions that act fairly and equitably. Otherwise, Albania will remain a country where laws exist only on paper, while tobacco smoke continues to poison every public space.

This article was created based on input provided by individuals who have chosen to speak up. Share your story, empower others and be an agent for change. Visit the website: www.acqj.al/sinjalizo-dhe-ti/