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19 October, 2026
 
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    THE GREEN BERETS LAND IN TIRANA

    Some Myths Simply Refuse to Die

    UN Monologue: Why Kosovo Cannot Respond to Serbia’s Accusations

    The War That Was Waged Before the War

    The Structural Impasse: Can Merz Offer a Leadership Anchor to Europe?

    Will Europe Finally Ditch the Poisonous Myth of Perpetual Peace?

    Resolution 522 – When the U.S. Congress Honored Skanderbeg

    The Reconfiguration of Maritime Governance: Structural Hegemonic Decline and the Arctic Pivot

    Between Political Calculation and Retreat: Croatian Communists at the End of an Era

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    INTERVIEW: ZLATKO KRAMARIĆ – THOUGHTS ON THE OLD CONTINENT

    EXCLUSIVE / Ukrainian Ambassador to Albania, Volodymyr Shkurov: “Ukraine wants peace, but not at the expense of its freedom and independence”

    EXCLUSIVE| Ambassador Tayyar Kagan Atay: Türkiye and Albania, a Strategic Partnership Rooted in Shared Heritage and a Common Vision for the Future

    “Diplomacy, Not War”: Palestinian Ambassador to Albania Calls for Justice, Peace, and Global Action for Gaza

    Exclusive: “Even After Tito – Tito”/ Ambassador Zlatko Kramarić on Authoritarian Legacies and Democracy’s Future in the Balkans

    The Conclusion of the Diplomatic Mission / Ambassador Dancho Markovski: Strengthening Albania-North Macedonia Relations for a Shared European Future

    A Century of Diplomatic Relations Between Albania and Russia: Exclusive Interview with the Russian Ambassador to Albania, H.E. Alexey Zaytsev

    Exclusive/ The chairman of the Freedom Party, Ilir Meta: “The will of the citizens will triumph in Albania, as it did in North Macedonia”

  • Realpolitik

    Long live the UN! A prewarned decision! A  G – 2? Putin in Miami!

    Montenegrin diplomatic blunder! Small Cyprus without great hopes! 4 blocks of Enlargement challenges! Political earthquake in Germany!

    Belgrade, Zelensky and the Consulates! The European Pact takes water! Drone in Leipzig and hybrid war! Why a  ceasefire is needed in September

    The Summit of Unity! Think of peace and prepare for war! It’s only the start to the end! Just a pause between two wars!

    Peace with war diplomacy! The protest,  image and tourism! Why this silence from the EU Commission and Council? A deal or a pause?

    Just kind words  in Tivat! Where is the peace!? A deal yes, peace No!What is happening with USA and  EU?  5 elections but no solution!

    IBAR? ”Sufficiently! Much ado about nothing! Shart contrasts in Beijing! Where is the exit?!

    Neither peace nor war! Peace with bombs?! IBAR in autumn?! Not another Hormuz in Taivan! 

    IBAR – a springing board or an obstacle? Can we catch the EU Negotiation train 2027? When the dress makes the news!  EU electoral April  ends in a draw 1:1!  

  • Current Events

    Albanian PM Rama Holds Up Protest Stone: “There Can Be No Negotiation with Violence”

    Albania’s Interior Minister Says Protests Have “Crossed the Red Line” as 295 People Injured in Six Days

    Ten Police Officers Injured in Attack on Police Station in Albania’s Capital

    Albanian PM Rama: Violent Protests Challenge EU Accession Goal for 2030

    Albania Police Chief Alleges Protest Violence Orchestrated by Organisers at Home and Abroad

    Albanian PM Rama Rules Out Resignation Amid Escalating Protests

    EU Gives Green Light to the Provisional Closure of Albania’s Chapter 20 Negotiations

    Balkan Business Forum in Tirana: Albania and Türkiye Seek to Expand Investment and Regional Economic Cooperation

    Albania’s Parliament Approves Territorial Reform, Reducing Municipalities from 61 to 46

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    Albanian PM Rama Holds Up Protest Stone: “There Can Be No Negotiation with Violence”

    Albania’s Student Protests Enter Sixth Day as Clashes with Police Intensify; Rama Rules Out Resignation

    Albania Student Protests Spread to Multiple Cities as Clashes Escalate

    NATO to Hold Annual Nuclear Deterrence Exercise Steadfast Noon in Italy

    Albania’s Parliament Approves Territorial Reform, Reducing Municipalities from 61 to 46

    US Secretary of State Marco Rubio speaks at the Pnyx hill, where ancient Athenians held democratic assemblies, with the ancient Parthenon temple atop the Acropolis in the background, in Athens, Greece October 7, 2026.   Mark Schiefelbein/Pool via REUTERS

    Rubio in Athens: When History Becomes Political Doctrine

    Albanian PM Rama to U.S. Democrats: “Don’t Come to Albania to Take Revenge on Trump”

    Albania’s Top Diplomat Ferit Hoxha at Berlin Process: “EU Enlargement Is a Strategic Investment in Europe’s Security”

    From Pre-Trial Measures to the Presumption of Innocence: What Changes in Albania’s Criminal Procedure Code

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  • Home
  • OP/ED

    THE GREEN BERETS LAND IN TIRANA

    Some Myths Simply Refuse to Die

    UN Monologue: Why Kosovo Cannot Respond to Serbia’s Accusations

    The War That Was Waged Before the War

    The Structural Impasse: Can Merz Offer a Leadership Anchor to Europe?

    Will Europe Finally Ditch the Poisonous Myth of Perpetual Peace?

    Resolution 522 – When the U.S. Congress Honored Skanderbeg

    The Reconfiguration of Maritime Governance: Structural Hegemonic Decline and the Arctic Pivot

    Between Political Calculation and Retreat: Croatian Communists at the End of an Era

  • Interview

    Exclusive Interview with Oleksandr Tyshchenko: A 40-Year Legacy of Chernobyl, Nuclear Risks, and Global Responsibility

    INTERVIEW: ZLATKO KRAMARIĆ – THOUGHTS ON THE OLD CONTINENT

    EXCLUSIVE / Ukrainian Ambassador to Albania, Volodymyr Shkurov: “Ukraine wants peace, but not at the expense of its freedom and independence”

    EXCLUSIVE| Ambassador Tayyar Kagan Atay: Türkiye and Albania, a Strategic Partnership Rooted in Shared Heritage and a Common Vision for the Future

    “Diplomacy, Not War”: Palestinian Ambassador to Albania Calls for Justice, Peace, and Global Action for Gaza

    Exclusive: “Even After Tito – Tito”/ Ambassador Zlatko Kramarić on Authoritarian Legacies and Democracy’s Future in the Balkans

    The Conclusion of the Diplomatic Mission / Ambassador Dancho Markovski: Strengthening Albania-North Macedonia Relations for a Shared European Future

    A Century of Diplomatic Relations Between Albania and Russia: Exclusive Interview with the Russian Ambassador to Albania, H.E. Alexey Zaytsev

    Exclusive/ The chairman of the Freedom Party, Ilir Meta: “The will of the citizens will triumph in Albania, as it did in North Macedonia”

  • Realpolitik

    Long live the UN! A prewarned decision! A  G – 2? Putin in Miami!

    Montenegrin diplomatic blunder! Small Cyprus without great hopes! 4 blocks of Enlargement challenges! Political earthquake in Germany!

    Belgrade, Zelensky and the Consulates! The European Pact takes water! Drone in Leipzig and hybrid war! Why a  ceasefire is needed in September

    The Summit of Unity! Think of peace and prepare for war! It’s only the start to the end! Just a pause between two wars!

    Peace with war diplomacy! The protest,  image and tourism! Why this silence from the EU Commission and Council? A deal or a pause?

    Just kind words  in Tivat! Where is the peace!? A deal yes, peace No!What is happening with USA and  EU?  5 elections but no solution!

    IBAR? ”Sufficiently! Much ado about nothing! Shart contrasts in Beijing! Where is the exit?!

    Neither peace nor war! Peace with bombs?! IBAR in autumn?! Not another Hormuz in Taivan! 

    IBAR – a springing board or an obstacle? Can we catch the EU Negotiation train 2027? When the dress makes the news!  EU electoral April  ends in a draw 1:1!  

  • Current Events

    Albanian PM Rama Holds Up Protest Stone: “There Can Be No Negotiation with Violence”

    Albania’s Interior Minister Says Protests Have “Crossed the Red Line” as 295 People Injured in Six Days

    Ten Police Officers Injured in Attack on Police Station in Albania’s Capital

    Albanian PM Rama: Violent Protests Challenge EU Accession Goal for 2030

    Albania Police Chief Alleges Protest Violence Orchestrated by Organisers at Home and Abroad

    Albanian PM Rama Rules Out Resignation Amid Escalating Protests

    EU Gives Green Light to the Provisional Closure of Albania’s Chapter 20 Negotiations

    Balkan Business Forum in Tirana: Albania and Türkiye Seek to Expand Investment and Regional Economic Cooperation

    Albania’s Parliament Approves Territorial Reform, Reducing Municipalities from 61 to 46

  • Top News

    Albanian PM Rama Holds Up Protest Stone: “There Can Be No Negotiation with Violence”

    Albania’s Student Protests Enter Sixth Day as Clashes with Police Intensify; Rama Rules Out Resignation

    Albania Student Protests Spread to Multiple Cities as Clashes Escalate

    NATO to Hold Annual Nuclear Deterrence Exercise Steadfast Noon in Italy

    Albania’s Parliament Approves Territorial Reform, Reducing Municipalities from 61 to 46

    US Secretary of State Marco Rubio speaks at the Pnyx hill, where ancient Athenians held democratic assemblies, with the ancient Parthenon temple atop the Acropolis in the background, in Athens, Greece October 7, 2026.   Mark Schiefelbein/Pool via REUTERS

    Rubio in Athens: When History Becomes Political Doctrine

    Albanian PM Rama to U.S. Democrats: “Don’t Come to Albania to Take Revenge on Trump”

    Albania’s Top Diplomat Ferit Hoxha at Berlin Process: “EU Enlargement Is a Strategic Investment in Europe’s Security”

    From Pre-Trial Measures to the Presumption of Innocence: What Changes in Albania’s Criminal Procedure Code

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A PERMISSIBLE SYMBOL AND HISTORICAL RESPONSIBILITY: A LEGAL–POLITICAL ANALYSIS OF ECtHR JUDGMENTS

10 December, 2025
in ENGLISH, English OP/ED
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By Zlatko Kramarić*|ARGUMENTUM

Debates on the public display of totalitarian symbols in post-communist societies often oscillate between moral sensitivity and the legal necessity of distinguishing historical responsibility from contemporary standards of freedom of expression. It is precisely at this intersection that the problem of interpreting the judgments of the European Court of Human Rights (ECtHR) arises, particularly in the cases Vajnai v. Hungary (2008) and Fratanoló v. Hungary (2011). In the Croatian public sphere, ECtHR judgments are frequently read selectively, as an implicit rehabilitation of communist symbolism, while the fundamental logic of these decisions is overlooked: the Court protects freedom of expression, not the historical memory of totalitarian regimes.

The ECtHR’s rulings rest on two principles. First, the Court emphasises that certain symbols—in this case the red star—are semantically multivalent. Within the European cultural and political space they carry the traditions of the workers’ movement and anti-fascist resistance, but also the legacy of revolutionary violence and the repressive communist orders.¹ Second, the Court insists that freedom of expression includes the right to symbolic communication, even when such expression may be provocative or disturbing to parts of society.² Therefore, the state, the Court warns, cannot pre-emptively assume the role of interpreter of another person’s intent: displaying the red star does not automatically constitute the promotion of a totalitarian regime.³

What is crucial—and what is regularly omitted in domestic debates—is the fact that in none of these cases does the Court question the historical crimes committed under that symbol. The ECtHR is not concerned with rehabilitation, but with applying the proportionality test: whether restricting freedom of expression is necessary in a democratic society. The normative status of the symbol thus remains unchanged: the permissibility of its use does not imply a moral or historical alibi.

In this context, a simple but powerful analogy becomes relevant: the cross as a symbol of Christianity remains a legitimate sign of faith, yet the crimes committed under that symbol throughout history are neither forgiven nor justified.⁴ The symbolic, continuous value of the sign and the historical responsibility of those who abused it are two distinct and mutually non-negating concepts. The same reasoning applies to the red star: the fact that it may be displayed in public (because this is protected by the right to freedom of expression) in no way negates the criminal nature of the many regimes that employed it.⁵ And it is precisely this aspect that is unpalatable to Croatian “anti-fascists,” who refuse to acknowledge this dimension of the “red star” and all the derivative meanings that follow from it—such as the not-at-all “gentle” slogan SF/SN (“Death to fascism, freedom to the people”). I belong to that kind of people who shudder at the very thought that someone’s death could give birth to freedom!

It is important to emphasise that the contemporary European legal order insists on this differentiation: freedom of expression protects the individual who uses a symbol, but not the historical regimes that legitimised themselves through that symbol. Croatian interpretations of ECtHR rulings often overlook this key distinction and treat the protection of an individual right as a political-moral justification of historical communist practice. Such an interpretation is not only methodologically flawed, but also at odds with what the Court actually states.

It may therefore be said that ECtHR case law perhaps protects the symbol, but it certainly does not protect history—nor does it seek to reshape it. The crimes committed under the red star have been affirmed in historiography, legal scholarship, and the collective memory of East-European nations; ECtHR decisions do not enter this sphere. They merely prevent the symbolic expression of an individual from being subjected to state censorship where there is no clear and immediate risk of promoting totalitarianism.

In other words: a symbol may be permissible, but the crimes committed under it are by no means amnestied. This is precisely how the European standard should be read—one that simultaneously protects freedom of expression and maintains a clear stance on the historical responsibility of totalitarian regimes. Such a reading enables Croatia to avoid the pitfalls of ideological simplification while remaining faithful to both democratic tradition and historical truth.

⸻

1. ECtHR, Vajnai v. Hungary, Judgment of 8 July 2008, §§ 52–54.

2. Ibid., § 47; see also Handyside v. UK, Judgment of 7 December 1976 — the classic formulation on “ideas that offend, shock or disturb.”

3. Fratanoló v. Hungary, Judgment of 3 November 2011, §§ 21–24.

4. General historiographical literature on the cross and institutional violence: MacCulloch, D., Christianity: The First Three Thousand Years (2010).

5. See: Snyder, T., Bloodlands (2010); Courtois, S. (ed.), The Black Book of Communism (1997).

*Zlatko Kramarić is a Croatian publicist, author, and diplomat, currently serving as Ambassador to Albania. Formerly a university professor and politician, he is known for his work in literature, cultural studies, and regional history.

/Argumentum.al

© 2025 Argumentum

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