The Register of Magistrates, a public database created by AIS, is enriched during December-January 2021 by the passport profile of 17 judges and prosecutors (magistrates) who passed the vetting process in recent months or weeks. Every created passport contains information like the CV, self-declarations, qualifications, scientific research, promotions, disciplinary measures, asset declarations for each individual judge and prosecutor.
Passport profiles have been already introduced in the database for dozens of other judges who have successfully passed the vetting. http://ais.al/new/akses-info-drejtesi-nje-regjister-publik-per-magjistratet-krijuar-nga-nje-organizate-jo-qeveritare/
Also, AccessInfoJustice enables access by search filters http://aksesdrejtesi.al/searchform for every document of new justice institution, such as acts, decisions, processes, reports etc.
AIS, an organization promoting Open Data for Albania has created and maintains this data mine.
https://ais.al/new/wp-content/uploads/3.1.jpg8871737adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-04 14:54:322021-03-04 14:54:32The register of Magistrates, new Profiles of prosecutors and judges introduced to AksesInfoDrejtësi
The arrest of tens of members of the Italian mafia group, Ndrangheta, emphasized their connection with officials of Tirana Municipality and Rama Government, and their involvement in corrupt tenders and construction permits. The entire money laundering scheme of the Italian Mafia in Albania is suspected to amount for Euro 250 million.
The full interception file contains more than 1000 pages and more is expected to be published in the coming days.
Exit News presents a summary of what is known so far.
Arrests. On 18 January, the Italian Anti-mafia arrested 50 members of the Italian mafia group ‘Ndrangheta’, following a multi-year operation.
Those arrested include:
Mayor of Rosarno in Calabria, Giuseppe Idà,
A member of the same commune council, Domenico Scriva,
The Calabria Entrepreneur Antonio Gallo, known as the ‘Prince’,
Former subtenant of Guardia di Finanza, Ercole D’Alesandro,
The entrepreneurs Tomaso and Saverio Brutto, who were trying to enter the Albanian market. Tomaso Brutto is also a member of the commune council of Cattanzaros, while Saverio Brutto is a member of the commune council of Simeri Crichi in the province of Katanzaro.
The operation included also the arrest of the following seven Albanian nationals, whose involvement is not yet known:
Edmond Baci, born in Albania, resident in Catanzaro;
Henrik Baci, born in Albania, resident in Albania;
Odeta Hasaj, born in Albania;
Bilar Hoxha, born in Albania, resident in Albania;
Alban Keta, born in Albania, resident in Catanzaro;
Bledar Koçi, born in Tirana, resident in Tirana;
Memlin Voci, born in Albania, resident in Catanzaro.
Interceptions
According to interceptions of those arrested, the arrested Italian entrepreneurs have opened their businesses in Albania, especially in construction and health. Therefore, the mafia representatives have used certain Italian politicians and mediators, who have established contacts with high-0levelpoliticians and officials in Albania.
the interceptions include conversations about meetings with officials of the Municipality of Tirana or ministers, who, in exchange for bribes, would award tenders and construction permits to the Italians.
According to OraNews, which has published some of the interception transcripts, the entrepreneurs Antonio Gallo and Antionio Speziali speak with Lawyer Claudio Larussa, a representative of the entrepreneurs Tomaso and Saverio Brutto about getting in touch with officials close to Mayor Veliaj. The intention was to get construction permits in the city centre, near the Palace of Culture, where sale prices are high. They also mention health tenders during their conversation, i.e. provision of hospital supplies.
The transcript below dates 28.10.2017.
On the top of page number 618, it says: “Gallo (Antonio) explains to Speziali, Larussa, and Brutti, how it works in Albania, how one could get tenders in the public sector, implying clearly bribes.
Gallo: He is Albanian, he is the President of this Group there, in Albania.
Speziali: You could work with hospitals, too.
Gallo: I don’t know about that, but he is the President of Sol in Albania, all hospitals, he is close to the Prime Minister, close to the Mayor of Tirana, he is an important person.
Citizens raise their voice to say “No” to the destruction of cultural heritage in Durrës
Speziali: Claudio (Larussa) went there with the Mayor of Tirana.
Gallo: Yes, he did.
Speziali: Tell me about Albania. I do have the plants ready, but I am a bit sceptical about taking them there. If we get them, and send them there, it’s OK with me, but I don’t want them to cheat me then. We need to send them hedging right person.
(They talk about a person called Nik, an Albanian citizen.)
Gallo: I spoke with this friend of mine, Nik, who told me that the person who got three licences to build in Tirana… has three licenses now, and for the 180 million he will spend, he is expected to give them 10 million.
Speziali: Seriously?
Gallo: He told me they are looking for funders. They find an entrepreneur, who is already OK, and the bank finances him. You can make money out of this, because you can sell them for 4 or 5 million per [square] meter, half of Tirana.
Speziali: Apartments?
Gallo: Apartments. He, this constructor, has three licenses for building skyscrapers.
Speziali: 4000 euro, no… 2700-2800 euro.
Brutto: Oh God …. In the centre of Tirana?
Gallo: Apartments in the new skyscrapers are sold for 3800-4000 Euro per square meter. And do you know what the actual construction cost is? 510 euro.
Speziali: But if you do something luxurious.
Brutto: Can we talk to this Nik?
Gallo: If you are in Rome, he will be there on November 9th. He is the President of Sol Group in Albania, of oxygen, he is connected to hospitals, to Enel, he is connected with all. He told me clearly. They want 20% for the tenders. So, they (referring to Nik) can pay for it.
Who is Nik – the contact in Albania?
According to MCN TV, ‘Nik’, who is mentioned in the interceptions of the people arrested in Italy, is Besnik Halili. He is known as a person close to mayor Veliaj, and to other Socialist ministers.
Besnik Halili is the sole owner of NCI shpk, and representative of the company GTS-Albanian Technical Gas (Gazra Teknike Shqiptare) shpk, where the sole shareholder is the Italian company Sol s.p.a., which is mentioned in these interceptions.
Besnik Halili is the husband of Luneda Sufali, former director of the Albanian Gambling Supervision Authority (AMLF) during 2013-2015, today Director of the State Social Service.
Tenders won by the company GTS-Albanian Technical Gas shpk
According to Open Data Albania, the company GTS has won 80 tenders in the health sector, amounting to a total of 7.5 million Eur, VAT excluded.
It is striking that GTS has won all the tenders, where it has applied. All the tenders are won for the same fund limit made available from the institutions.
The Open Data Albania Platform had already raised the alarm about the tenders won byGTS shpkwithout any competition, that is, with GTS being the only company participating in the tender.
The article above refers to open and transparent data provided by databases of the organization AIS. The editorial line, arguments, and facts in this article belong to the media and the author. You may find our database by clicking on opencorporates.al,spendingdata.al, opendata.al, openprocurement.al, and aksesdrejtesi.al
https://ais.al/new/wp-content/uploads/020306.jpg937873adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-04 12:34:502021-05-19 13:50:16Eavesdropping of NDrag'heta involving the Municipality of Tirana and the Health Authorities - What do we know so far?
Persons involved in the Euro 250 million affair in Italy are being interrogated.The data available shows that Ndragheta’s intercepted company has won 80 public tenders in Albania. All in the health sector! As the document shows, the number of tenders already won is 80.
ITALY – The Guarantor of Ndragheta’s Prince, Antonio Gallos, to corrupt the Albanian Government is suspected to be the President of ‘Sol’ Group in Albania, Besnik Halili! The company, which is known in our country as “GTS-Albanian Technical Gas shpk”, is now under the magnifying glass of the authorities, as it is suspected of being involved in money laundering. According to ‘Open Data’, Ndragheta’s intercepted company has won 80 public tenders in Albania. They are all in the health sector! As the document shows, the number of won tenders is 80.
The tenders are all in the health sector. Dosja.al publishes the scheme of the total number of tenders by tendering authority.
It was Open Data, an open platform serving to catalogue the data from the Government institutions, which had already raised the Red Flag in this case. A document made public showed clearly that ‘GTS.SHPK’ had won a tender from the University Hospital ‘Shefqet Ndroqi’. All the tenders announced by the Ministry of Health and their subordinate structures, including Tirana University Hospital Centre for hospital oxygen, are won by “GTS”.
It took the Italian authorities to carry out a huge operation to find out that there is a company in Albania laundering money, and above all, serving as a bridge between the Albanian Government and elements of mafia groups!
Besnik Halili, together with notorious individuals in the Italian state, were identified by interceptions initiated upon finalization of the Italian mega-operation. Thanks to this Police action, 50 persons were arrested, including businessmen and members of Ndrangheta, who were connected to Government officials and businessmen in Albania. They are all accused of being part of a corrupt affair of Euro 250 million.
Dosja.al
The article above refers to open and transparent data provided by databases of the organization AIS. The editorial line, arguments, and facts in this article belong to the media and the author. You may find our database by clicking on opencorporates.al, spendingdata.al, opendata.al,openprocurement.al, and aksesdrejtesi.al
https://ais.al/new/wp-content/uploads/020306.jpg937873adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-04 12:02:272021-05-19 13:27:27Data/ How did Ndragheta's intercepted company win 80 public tenders in Albania ? "Open Data" raised the red flag, but no one listened to it.
Several news portals have used our databases in January in reporting on corruption and irregularities. Some of them report on alleged connections between eavesdropping made by the 2017 Italian Anti-Mafia (published in Italy in January 2021) and the tenders reported for risk of corruption and irregularities on our database for Transparent Procurement. The Italian Anti-Mafia eavesdropping into persons being investigated as members of the Mafia Organization, Ndrag’heta, sheds light on conversations about pre-arranged tenders and people of suspicious influence over authorities of Official Tirana. The eavesdropping transcripts were published in January 2021 on the Italian media, and were partially republished in Tirana, mainly by media portals or freelance journalists. Certain journalists drew a logical line between the eavesdropping of “people with influence” or “clientelist tenders” and the list of tenders marked by RedFlags for their risk of corruption in our database for Public Procurement.
Our organization has created several databases for some years now, monitoring public contracts in sectors of Health, national Infrastructure, and Municipality. Opening data, using OpenContracting standards, we enable an automatic evaluation of tenders for their risk of lack of competition, and disqualification of all the operators, who submit cost-effective economic bids. These tenders are listed and marked by a Red Flag, as tenders exposed to a high risk of irregularities and procedural issues. The Tender RedFlag Index is an instrument for reporting corruption, an instrument developed by the civil society in the country.
The article above refers to open and transparent data provided by databases of the organization AIS. The editorial line, arguments, and facts in this article belong to the media and the author, and not necessarily confirmed by OpenDataAlbania. You may find our database by clicking on opencorporates.al, spendingdata.al,opendata.al, openprocurement.al, and aksesdrejtesi.al
https://ais.al/new/wp-content/uploads/image1.png885885adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-03 13:16:582021-05-19 13:55:34Albanian Media: Eavesdropping of Italian Anti-Mafia about Influence over Tenders in Tirana. 80 Procurement Processes were already reported by Open Procurement Albania for their risk of Corruption and irregularities
Magistrates that are appreciated (viewed) for their scientific research, publications and contribution to the doctrine of law
The Register of Magistrates, created by the organization AIS, promotor of Open Data for Albania, ranks the most favorite Judges and Prosecutors according to Google Analytics and Google Search Console shows in terms of their contribution to the Doctrine of Law and in areas like Constitutional Law, Ownership, Contract Law, etc.
In creating this data mine, containing data and documents for magistrate judges and prosecutors in the Republic of Albania, in addition to CVs, we have also included decisions, evaluations, self-declarations, and the scientific research done by these magistrates. Below are the most viewed documents on the Access Info Justice database, Register of Magistrates Magjistrat.al
The most viewed documents for January include:
The PhD Thesis of Ms. Evelina Qirjako is the most viewed document in January. It is entitled “The meaning, importance, and criteria of validity of judicial action in the case of Transfer of Real Estate, its importance, nature and the effect of the registration of a title of ownership in registers of real estate”. This dissertation was defended in 2016 at the University of Tirana, Faculty of Justice. The mentor for this thesis is Professor Ardian Nuni.
Ms. Qirjako has exercised the duty of the Supreme Judge during 2008-2017. Her mandate was terminated by a decision of the Supreme Judicial Council dated 24.04.2019, and her title as a Magistrate is subject for review by the transitory justice institutions. Profile of Ms. Qiriako
The second top viewed document in January is a doctoral dissertation in the area of Constitutional Law. The dissertation entitled “The Constitutional Control in Albania, the Role of the Constitutional Court as a guarantor of the Rule of Law and Fundamental Human Rights”. This author of this scientific research in the area of Constitutional Law is Ms. Valbona Bala (Pajo). Mrs. Bala had previously been an Assistant Judge at the High Court. Her re-evaluation process (vetting) was interrupted following a long saga of complaints and decisions by the institutions involved. The dissertation is defended at the University of Tirana with Prof. Aurela Anastasi being the Associate Academic. Document Ms. Bala is an author of scientific publications on issues related with the execution of decisions of the European Court of Human Rights.
The third most viewed document written by Magistrates (Magjistrat.AL) is a dissertation for a PhD Degree by a magistrate, whom the temporary Justice Institutions have decided to interrupt the reevaluation process. Ms. Rezarta Mata with her scientific research on “Extra-contractual responsibility of public bodies in Albania” is viewed hundreds of times in January. At the time her reevaluation process was interrupted, Ms. Mata exercised the duty of Judge in the Judicial District Court of Tirana. She has defended her dissertation for a PhD Degree at the University of Tirana, Faculty of Law, with Professor Ermir Dobjani as her mentor. Her scientific research is published under the Documents section, in the profile of Magistrate Rrezarta Mata, in the Register of Magistrates.
In the meantime, a good number of views are still marked for the PhD Dissertation of the member of the High Judicial Council, Mr. Erjon
While the most viewed profiles (not documents) in January are:
At Access Info Justice (magjistrat.al)you will find information and documents for the Justice System, institutions and individuals. The database aims to boost public control over integrity, create a model Register of Magistrates, and contribute to ensuring broad access to Sector-related information by boosting public confidence. http://magjistrat.al/
https://ais.al/new/wp-content/uploads/0405.jpg463728adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-03 12:02:592021-03-03 12:52:30The Register of Magistrates and their Scientific Contribution, Publication and Views
The Health Budget for 2020, the year the country had to cope with a Pandemic, reached 39.625 billion Albanian Lekë or 320.85 Million Euro.
This final figure was reached after revisions made to the Planned Budget, including an additional 2.1 billion Albanian Lekë as part of the effort to cope with Covid-19.
While the total Spending for 2020 increased by 30.16 billion Albanian Lekë, the four Health Programs were only allocated an additional amount of 2.1 billion ALL.
Programs related directly with Health Care include: Primary Health Care Service; Secondary Health Care Service; Public Health Service, and the National Health Emergency Service.
An increase was marked for this year only for the Secondary Health Care Service, i.e., regional hospitals and the University Hospital Centre.
The Budget for the Primary Health Care Service, i.e., health care centres in urban and rural areas, was not implemented during 2020.
A comparison of the Current Expenditures (salaries and utilities) and Capital Investments and Assets (buildings and equipment) shows that 15.75% of the budget allocated for this purpose was not implemented.
All spendings incurred by the Health Budget Institutions during 2020 and onwards are accessible in the Treasury Transactions Section on the Spending Data Albania portal. Information is provided for each payment, including the date, description, paying institution, and beneficiary client. This, information about spendings by the University Hospital Center Mother Teresa QSUNT Ministry of Health, Shefqet Ndroqi Hospital Center, University Trauma Hospital and each health institution are published and can be accessed by searching, using search filters for Paying Institution, Category, Date, Client, and invoice description.
Capital Purchases and Investments for the Health Sector related to Covid 19 are listed with passports for each contract in the Transparent Procurement Database. For each procedure there is comprehensive information, including calls, deadlines, fund limit value, successful offers, appeals, and implementation.
Open Data (Open Data; Open Porcurement; Open Spending) on spending, payments, tenders, contracting, and other indicators, promote Transparency, Accountability and Good Governance.
https://ais.al/new/wp-content/uploads/image-61.png622622adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-02 09:57:082021-03-09 14:20:24Health Budget for 2020, Small Increase, Failure to Implement Investment, Lack of Attention to Primary Health Care Service
AIS është në kërkim të një personi Përpunues të Dhënash – preferohen Ekonomist, Jurist apo një profil tjetër me aftësi për punë sistematike dhe të kujdesshme. Personi do të përditësojë informacionin në një databazë me të dhëna dhe dokumente për Prokurime, Biznese, Shoqëri Tregtare. Pozicioni i punës kërkon njohuri të përgjithshme dhe jo shumë teknike.
Përpunuesi i të Dhënave do të bëjë monitorim të Regjistrave Publik duke grupuar disa kategori njoftimesh dhe aktesh sipas tematikës. Më pas bën kategorizim të kujdesshëm të dokumenteve për publikim. Puna do të bëhet nga zyra e organizatës dhe është parashikuar me kohë të plotë. Paga është e kënaqshme për individ pa eksperienca të mëparshme pune, student nivel master apo të sapodiplomuar.
Aplikanti duhet të njohë mirë programe kompjuterike si Excel dhe Microsoft Word.
Të interesuarit të shkruajnë në [email protected] duke dërguar edhe një CV të thjeshtë në gjuhën shqipe ku të jepen qartë dhe shkurt edukimi, eksperienca, praktika profesionale, mesatarja në studime universitare. Titulli i emailit duhet të jetë Data Entry me njohuri mbi Regjistrin Tregtar. Afati aplikim data 15 Shtator 2022.
https://ais.al/new/wp-content/uploads/2aislogo2.jpg300300adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-01 16:25:092022-08-25 11:31:53AIS po kërkon staf pozicioni i punës Përpunues të Dhënash Ekonomist me njohuri mbi Regjistrin Tregtar
AIS është në kërkim të një personi Përpunues të Dhënash – Jurist ose Individ i Diplomuar me Njohuri mbi Sistemin e Drejtësisë. Personi do të pëditësojë informacionin në një databazë me të dhëna dhe dokumente për Sektorin. Pozicioni i punës kërkon njohuri të përgjithshme dhe jo shumë teknike. Përpunuesi i të Dhënave do të bëjë monitorim të databazave zyrtare të Institucioneve, duke grupuar disa kategori njoftimesh dhe aktesh sipas tematikës. Më pas bën kategorizim të kujdesshëm të dokumenteve për publikim. Puna do të bëhet nga zyra e organizatës dhe është parashikuar me kohë të plotë. Paga është e kënaqshme për individ pa eksperienca të mëparshme pune apo të sapodiplomuar.
Kandidati duhet të jetë i diplomuar në sistemin tre vjeçar të ketë mesatare të mirë dhe dëshirë për të zgjeruar njohuritë mbi: databaza të institucioneve, regjistra publik, mirë-strukturimin e dokumentit zyrtarë, dinamikën dhe vëllimin e fenomeneve që lidhen me të Drejtën Publike dhe të Drejtën Civile, agregimin dhe mirë-strukturimin e informacionit për këtë sektor. Databaza për përditësim është http://aksesdrejtesi.al/
Aplikanti duhet të njohë mirë programe kompjuterike si Excel dhe Microsoft Word.
Të interesuarit të shkruajnë në [email protected] duke dërguar edhe një CV të thjeshtë në gjuhën shqipe ku të jepen qartë dhe shkurt edukimi, eksperienca, praktika profesionale, mesatarja në studime universitare. Titulli i emailit duhet të jetë Data Entry me njohuri mbi sistemin e Drejtësisë. Afati aplikim menjëherë deri 10 shtator 2022.
https://ais.al/new/wp-content/uploads/2aislogo2.jpg300300adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-01 16:09:202022-08-25 11:34:45AIS po kërkon staf pozicioni i punës Përpunues të Dhënash me njohuri mbi Sistemin e Drejtësisë
Position: Open Data Analyst. Programme: Open Data, Access and Transparency over sectors exposed to Risk of corruption. Under: Project Director
Salary: Monthly net total salary, plus mandatory share of contributions for employer and employee, plus salary tax, is planned 900 Euros.
Publication Date: 01/03/2021
Deadline for application: 31 March 2021.
AIS, an organization a committed to transparency, accountability, good governance and anticorruption, is implementing programmes in the above-mentioned areas. With a view to preparing data analysis on public spending, national economy performance, tenders and other social economic data, the organization is looking for two Data Analysts.
Job description. The Data Analyst must carefully follow the developments related to public sectors through the organization databases and other institutional databases. Compiles statistical evidence on indicators illustrating the development and performance of the economy and development in the country. Based on evidence, he/she drafts research articles that help the public understand and raise the public awareness of issues of public interest. The articles should be in a simple language and visualized, making information easy to understand.
The commitment can be on part-time full-time basis and depends on the evaluation of his/her productivity and subject to agreement with the selected candidate. In any case, remuneration shall be made according to the number of articles published per month. The project lasts 3 years. The work may also be done remotely, but the selected candidate(s) shall be required to spend at least 20% of their time of engagement in the project office. The Data Group for every article or group of articles will be identified in co-operation with the Project Director and the Public Relations Officer. The analyst will co-operate with the Database Developer to enable the creation of visualizations according to relevance, and with purposes of ensuring the clarity of information.
Requirements:
University Diploma, preferably in Economics, and Justice.
At least 3 years of previous work experience in a position relevant to economic and statistical management, and research.
Good analyzing skills.
Knowledge of research and logical evaluation techniques.
Good articulation and drafting skills; economic use of words; good use of simple definitions to make articles easy to understand.
Knowledgeable about international databases for economic factors and indicators.
Eager to get deeper into research and research every day.
User of the main computer software.
In addition to meeting the job technical requirements, candidates must be people of integrity and enthusiastic about issues related to information and awareness.
Candidates must submit their CV to [email protected]. The CV should contain information about the university education, professional experience and the requirements for the position. The CV should be accompanied by a paragraph containing references to previous work experience. The candidates selected based on their CV will be invited for an interview. The organization shall have the right to a two-week probation period based on practical tasks before confirmation of appointment.
Terms of Reference:
Follow carefully statistical publications in local and international databases.
Propose topics for statistical analysis and present arguments about the importance of indicators and assessment methodology.
Map tables of aggregated and comparative data.
Draft research articles and the final article following comments and notes of the project director or the assigned expert.
Carefully check the data source, narrative descriptions, and visualizations.
Identifies the impact of the article following its publication, as well as the impact of potential comments.
Co-operate with colleagues (designer, website maintainer, Albanian-English translator) for as a good and clear version for publication as possible.
Participates regularly in the working group meetings.
Meets deadlines and criteria for publication.
Is periodically informed about the organization’s activities and their results.
Performs his duties by being physically present in the office or remotely. However, he/she is required to spend at least 20% of the time of engagement in the office, and the payment shall be made according to the number of articles finalized into publication.
The CV is required in Albanian, and should be as simple as possible, and not in any certain forms or standards. Candidates are expected to send their CVs to [email protected] before 31 March 2021, with the subject: CV application for Open Data Analyst.
https://ais.al/new/wp-content/uploads/2aislogo2.jpg300300adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-03-01 10:08:432021-03-18 10:29:05AIS is seeking two full-time and part-time Data Analysts
Following years of monitoring and risk assessment in public procurement in the areas of public health, local government, and national infrastructure, AIS has drafted 7 proposals for the reform of public procurement and contracting. These recommendations will be proposed to the main parties in elections, suggesting their involvement in their electoral program and promises. The recommendations were drafted in the framework of the Governance for Change Forum, Proposals by civil society organized by Co-Plan and partners. The proposals will be officially handed over to the political parties running in the 2021 elections.
Public Procurements and Contracting, Recommendations for Public Procurement Reform
About 30 % of the tenders in sectors like Health, National Infrastructure, and Local Government Units have marked a high risk of irregularities in procedures over the last 3 to 5 years. Lack of competition, disqualification of Economic Operators with cost-effective bids, and finally the frequent cancellations of procedures are indications of a large room for clientelism and abuse of procured funds.
The situation is even more critical in the case of Contracting being done through Special Laws without procurement, tenders, or secret contracting.
Another major issue with procurement in the country, with serious consequences for public contracting and tenders, is the lack of control over the integrity of the contractual partners, when Contractors are Business Companies, whose Origin of Capital, or Origin of the Controlling Package, is in a country with a commercial register of shell companies, a register, where individual owners are not declared, and where confidentiality is preserved.
In such cases, in addition to the typical irregularities, we face the risk of contracting companies that are in a conflict of interest or subject to laundering money generated from crime or corruption.
The table above is based on, and illustrated with data from:
Given the above, the country needs immediately a Reform in Public Procurement. This reform is not simply of legal character. Actually, legal changes often do not lead to results. Many changes regarding public procurement will have to be made on other laws. Procurement reform must start with elements like:
Prohibition of ‘contracting through special laws’ by law. The same should also apply to ‘changes to contracts by special laws’. Such laws are also known as ad hoc laws, special laws, laws used for one contract only, and contracting through political decision-making.
A legal framework that guarantees control of the integrity of the Public Contractors and that of the Capital Controlling Package. The law on the declaration of end beneficial owners should immediately enter into force and must be strictly implemented, especially for contractors or subcontractors of public contracts (public assets and funds).
Public monitoring, Integrity Pact or strengthening independent monitoring mechanisms and social auditing in the procurement process. Many countries that have undertaken reforms in the Public Procurement System have worked in partnership with specialised anti-corruption organizations. The external risk assessment system, independent auditing of criteria and commitment to the standards and principles of Open Contracting. Criteria in each procedure to be audited by specialized independent entities. Then the race is announced.
Application Shortlisting and periodic verification of the capabilities of Economic Operators. If an operator is periodically assessed, there is no reason to assess and disqualify it on a case-by-case basis. Disqualifying the operator with higher offers for basic criteria, accompanied by lack of complaints, is often an indicator of fictitiousness and arrangements among the competing businesses. This kind of disqualification is often found in tenders for National Infrastructure the Development Fund and the Albanian Road Authority, which are also high-portfolio institutions for tenders.
Transparency. No contract should become effective without having been first published. The same principle should apply to each stage of the contracting, from planning the contract to its final execution.
Application of Open Contracting Partnership principles and standards. Application of algorithms for risk marking by institutions themselves.
National Anti-Corruption Strategy must contain a special chapter on Anticorruption in the Public Sector
https://ais.al/new/wp-content/uploads/154144490_4101884216489413_3303761026269659049_o-1.jpg10371843adminhttp://ais.al/new/wp-content/uploads/aislogo1.pngadmin2021-02-25 11:06:072021-03-17 11:06:22Public Contracting Reform, AIS recommendations for programs of the electoral subject 2021
