January 2024. The document part of the activities of the AIS organization for the Oversight of Public Finances – The Role of Parliament, Institutions and Civil Society

Those documents are produced by the Albanian Institute of Sciences (AIS) and Expert Author within the Project ” Increasing Parliament’s Responsiveness to Citizens’ Concerns”, a project financed by the British Embassy in Tirana and implemented by a consortium of IDM in partnership with Citizens Channel and AIS. The document is part of the activities of the AIS organization for the Oversight of Public Finances – The Role of Parliament, Institutions and Civil Society.

Through the presentation of Policy Documents, our aim is to present findings and recommendations on aspects related to strengthening the role of the Parliament, its cooperation with institutions or other civil actors in improving processes of drafting, consultation and monitoring of the Budget State and Public Finance.

The findings, conclusions and recommendations are solely those of the authors and do not necessarily reflect the views of the Donor and Partners.

More about the Event LINK

THE REGISTER OF MAGISTRATES: TRANSPARENCY AND ACCESS TO INFORMATION IN THE REFORMED JUSTICE INSTITUTIONS

This paper analyzes the current state in the level of transparency, but also the main challenges and obstacles faced by the HJC, HPC and HIJ regarding the volume of transparency offered by the Register of Magistrates, including the disciplinary proceedings of judges and in general, the public details about the promotion, movement and command or the professional activities of the magistrates. Faced with this diagnosis, AIS has undertaken and developed this paper to analyze the problem and propose relevant solutions. Furthermore, in this context, the implementation of transparency and access to information reforms by the HJC, HPC and HIJ contribute to the regaining of the general lack of trust by the public in judicial institutions, promoting as much as possible a greater proximity between citizens and the justice system. In addition to the legal framework, the paper also briefly analyzes the practical initiatives undertaken by the HJC, HPC and HIJ to increase transparency and accessibility. These initiatives include communication strategies developed by these institutions in order to eliminate gaps in communication with the media and the public. At the end, general conclusions based on the collected information are presented, and concrete 2 recommendations offering solutions in dealing with ongoing challenges are formulated.

 

 

Policy Paper

 

The document was drafted by AIS, with the financial support of the Commission for Democracy’s Small Grants Program in the US Embassy in Tirana. The opinions, findings, conclusions and recommendations expressed are those of the author(s) and do not necessarily reflect those of the State Department

Debate and Policy Paper on “Financial Control of State-Owned Corporates” (Standards, Chapter 32 of EU Integration)

The organization AIS, promoter of Open Data Albania, organized on May 31st, a Debate and Presentation of a Policy Paper on the topic of Financial Control of State-Owned Corporates (SOC – State Owned Corporates).

Financial Control, as in chapter 32, part of Cluster 1, in the process of fulfilling the conditions and standards for Integration.

State Owned Enterprises or Companies are a risky sector in terms of management and control of finances and assets. The Integration Process targets efforts and models which in the SOC sector are far from meritocracy management, effective performance, sound financial management and multi-level auditing.

The Policy Paper, drafted by AIS, was presented by the expert Professor Dr. Lindita Milo (Lati). The document analyzes the situation in the country and presents findings and recommendations for progress. This document was formulated as part of the C1-EU-NPA project, supported by the Embassy of the Kingdom of the Netherlands in Tirana.

The complete document in Albanian and English.

Policy Paper – Integrity control of public contractors: EU practice and contracting in the Albanian context

February, the Month of Civil Engagement for European Integration, began with an event of the Organization AIS, whose purpose was to present a Policy Paper titled “Control of the Integrity of Public Contractors, EU practices and contracting in the Albanian Context”, drafted in the frame of the C1-EU- NPA Project. His Excellency, the ambassador of the Kingdom of the Netherlands in Tirana, Mr. Reinout Vos, was also in attendance at this event.

Aranita Brahaj, the head of the Organization, emphasized that many companies in the country that have acquired the status of Contractor in Public Procurement; Investor in State Assets or Public Licenses in Strategic sectors, are Shell or Offshore companies with unidentified beneficial owners, located in fiscal havens. This status raises questions about the control of integrity concerning companies, that are engaged in implementing Public Contracts in exchange of State Assets and Money from the Albanian Taxpayers.

The Policy Paper’s aim was to analyze the existing Practice of integrity control in EU countries and to identify what was lacking in the Albanian legislation and practice, weather it coincided with potential loopholes present or need for intervention. In conclusion, the organization also presented specific recommendations for legal amendments and incorporation of additional measures to the respective legislation on Public Procurement and the Law on the Declaration of the Beneficial Owner.

See the Policy Paper HERE

Conclusions and Recommendations were introduced in the presence of Parliament and Government Representatives. Ms. Klotilda Bushka, Chairperson of the Legal Affairs Committee in the Assembly and Ms. Jorida Tabaku, Chairperson of the Parliamentary Committee for Integration, spoke about the findings and proposals for legal amendments drafted by Civil Society. The General Director of the Public Procurement Agency, Ms. Reida Kashta, concurrently responsible for the EU negotiations concerning the Public Procurement Chapter, also attended the event.

The Policy Paper and the subsequent Event, were carried out in the frame of the C1-EU-NPA project “Improved Policy Debate and Accountability on delivering the Fundamentals First, to fulfill Basic Rights through the Establishment of Cluster I EU Negotiations Platform, Albania”, a project implemented jointly by four Albanian organizations: CSDG, ISP, KSHH and AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

The document was drafted by AIS, in collaboration with the renown legal expert, Eduard Halimi. The organization AIS, in addition to its contribute through the preparation of Policy Documents and Recommendations, is also a promoter of Open Data platforms for the tracking, making transparent and verification of contracts and public contractors, more specifically through databases like Open Corporates Albania and Open Procurement Albania.

See the agenda HERE

Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32”

The Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32” was drafted by the Albanian Institute of Science AIS / Open Data Albania, during the implementation of C1 – EU – NPA

Project “Improving the Debate on Policies and Accountability to Fulfill Basic Rights”, through the creation of the Cluster 1 Albania Negotiation Platform.

This project is being implemented by four Albanian organizations: the Center for the Study of Democracy and Governance CSDG, the Institute for Political Studies ISP, the Albanian Helsinki Committee AHC and the Albanian Institute of Science AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

See the event agenda HERE

You will find enclosed below the following items:

  • Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32” (PDF link)
  • Summary and conclusions Financial control and the process of opening European Integration negotiations for Chapter 32 (PDF link)
  • ANNEX 1 – Summary of the progress done by Albania based on NPIE 2021 – 2023_Chapter 32 (PDF link)
  • ANNEX 2 – Existing legal framework for Financial Control (PDF link)
  • ANNEX 3 – Progress Report for Albania – Yearly assessment by EC (PDF link)
  • ANNEX 4 – EC Assessments, Opinions and Recommendations for Chapter 32 (PDF link)
  • ANNEX 5 – Objectives & priorities defined in the NPEI 2021-2023 Chapter 32 (PDF link)
  • ANNEX 6 – Objectives and priorities defined in PIFC 2021-2023 Chapter 32 (PDF link)
  • ANNEX 7 – The role of Albanian Institutions in the National Plan for European Integration (PDF link)
  • ANNEX 8 – EC Progress Report – Juxtaposition with countries in the region (PDF link)

Findings, Opinions or Recommendations expressed in this event represent the viewpoints of the experts and the AIS organization and do not coincide with the responsibility of the partners or supporters of the C1-EU-NPA Project.

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania

 

Mrs.Aranita Brahaj, director of AIS/ Open Data Albania

Prof. Lindita Lati Milo

Mr. Eduart Shalsi, Chairperson, Parliamentary Committee Economy and Finance and Mr. Arbi Agalliu member of Parliamentary Committee for Economy and Finance

Mr. Eduart Gjokutaj, ALTAX

Mr.Fran Brahimaj, Local Finance Director, at MoFE

Mrs. Oriada Tare

Mrs. Anila Cili

Mrs. Albana Gjinopulli

Money Laundering in the Context of the Fiscal and Criminal Amnesty, AIS position, Analysis and Conclusions

Albanian Institute of Science has carefully analyzed the draft law on “Fiscal and Criminal Amnesty of entities submiting voluntary declaration” initiated by the Ministry of Finance and the Ministry of Justice and presented for Public Consultation by the Albanian Government on June 23, 2022. The deadline for the submission of opinions and recommendations on the draft daw during the consultation process is July 23, 2022.

The organization examined various aspects related to the country’s current circumstances and the amnesty, such as: the fiscal policy and administration; the degree of informality; the fight against corruption and the risk of money laundering as a result of criminal offences. Likewise, a separate report analyzed issues of harmonization of the draft with the national criminal legislation, testing the principle of legal safeguards.

In the end, the two Documents drafted were presented in a meeting, held on July 19th, with guests and participants from the relevant institutions, international organizations in the country, representatives from EU countrues Embassies, field experts and civil society actors and the Media.

Event Agenda

The two Documents contain an analysis, conclusions, recommendations, as well as short-term and long-term alternatives to the recent Fiscal and Criminal Amnesty. More specifically:

  • Policy Position Paper: Money Laundering in the Context of Fiscal and Criminal Amnesty (See more HERE)
  • Technical Report: Fiscal Amnesty Issues and Problems of Harmonization with the Criminal Legislation (See more HERE)

The Policy Position Paper and the Technical Report were presented as part of civil society initiatives, which aim to contribute to the Country’s European integration.

Both documents will be submitted to the Albanian government, the Parliament of Albania and Stakeholders, as official Position and Recommendations from civil society.

Conclusions, Recommendations and Alternatives, as presented on the July 19th event (See more HERE)

The Albanian Institute of Science, widely referenced as Open Data Albania, will continue to participate in the process of consultation and technical discussion concerning the present draft law, even when the latter will be submitted for debate in the Assembly.

We deem our participation of paramount importance, given the importance of the process, the assessed risks, issues of the legal framework and harmonization of the legislation, and many other fecets related to the governing majority initiative.

AIS has also prepared an Analytical Report on the History of Fiscal Amnesties and Voluntary Asset Declarations in Albania from 2008 to 2017.

The Policy Document “Money Laundering in the Context of the Fiscal and Criminal Amnesty” was drafted by the Albanian Institute of Science AIS/Open DataAlbania, in implementation of the C1 – EU – NPA project “Improving the Debate on Policies and Accountability for Fulfilled Basic Rights” through the creation of the Negotiation Platform of Cluster1 Albania. The C1 – EU – NPA project is implemented by four Albanian organizations: Center for the Study of Democracy and Governance CSDG, Institute of Political Studies ISP, Albanian Committee of Helsinki KSHH and Albanian Institute of Science AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

The Findings, Opinions or Recommendations expressed in this Document represent the viewpoint of experts and AIS and do not necessarily reflect those of our partners or supporters of the C1 – EU – NPA Project.

“Money Laundering in the Context of Fiscal and Criminal Amnesty” activity, organized by the Albanian Institute of Science/Open Data Albania

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania , Prof. Dr. Petraq Milo – Field Expert

Mr.Alexis Hupin, Head of the EU Policy and Integration Section, EU Delegation to Albania; Mr.Karel Urban, Ambassador of the Czech Republic in Albania; Mr.Jonas Paul, Political Officer in the Delegation of the European Union to Albania

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania

Prof. Dr. Petraq Milo – Field Expert

Mr.Viktor Gumi – AIS Legal Expert

Mrs. Monika Meça, Head of the Legal Unit for the Coordination of Priority Initiatives and the Acquis, Regulatory and Compliance Department in the Prime Minister’s Office

Mrs. Aranita Brahaj, Director of the organization Albanian Institute of Science/Open Data Albania

Mrs. Elsonida Rama, Head of Directorate for Criminal and Civil Justice, Ministry of Justice.

Mr. Enio Jaco, President of the American Chamber of Commerce

Mrs. Klotilda Bushka – Chairwoman of the Legal Affairs Committee

Mrs. Dhurata Cupi – Deputy Chairwoman of the Legal Affairs Committee, Representative of the Opposition

 

Mrs. Aranita Brahaj, Director of the organization Albanian Institute of Science/Open Data Albania

Policy Paper “Public Procurement, Albania through the Lens of European Integration”

The Policy Paper “Public Procurement, Albania through the Lens of European Integration” was drafted by the Albanian Institute of Science AIS / Open Data Albania, during the implementation of C1 – EU – NPA

Project “Improving the Debate on Policies and Accountability to Fulfill Basic Rights”, through the creation of the Cluster 1 Albania Negotiation Platform.

This project is being implemented by four Albanian organizations: the Center for the Study of Democracy and Governance CSDG, the Institute for Political Studies ISP, the Albanian Helsinki Committee AHC and the Albanian Institute of Science AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

The Policy Paper was presented on February 28th, at a Roundtable with the participation of organizations and institutions ingaged in the european integration and public procurement processes.

You will find enclosed below the following items:

  • Public Procurement “Policy Paper through the lens of European Integration” (PDF link)
  • Summary and Conclusions of the Policy Paper, Procurement “Policy Paper through the lens of European Integration” (PDF Link)
  • Event Agenda of the Policy Paper Presentation (PDF LINK)

Photos from the Event:

Panelistët: Znj. Aranita Brahaj - Drejtore Ekzekutive e AIS/Open Data Albania; Z. Viktor Gumi - Ekspert Juridik, Autori i Dokumentit (AIS); Znj. Jorida Tabaku - Kryetare, Komisioni për Integrimin Evropian, Parlamenti; Z. Eduart Shalsi - Kryetar, Komisioni për Ekonominë dhe Financat, Parlamenti; Znj. Reida Kashta - Drejtore e Përgjithshme, Agjencia e Prokurimit Publik (APP)

Panelists: Mrs. Aranita Brahaj – AIS/Open Data Albania; Mr. Viktor Gumi – Legal Expert AIS, Author of the Paper; Mrs. Jorida Tabaku – Chairperson, Parliamentary Committee for European Integration, Parliament; Mr. Eduart Shalsi – Chairperson, Parliamentary Committee for Economy and Finance, Parliament; Mrs. Reida Kashta – General Director, Public Procurement Agency (PPA)

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania

Mr. Alexis Hupin – Head of the Political and EU integration section EU Delegation

 

Mr. Muharrem Cakaj – Procurement Expert

 

Mrs. Ledia Muço- Policy Officer EU Delegation;

Mrs. Kristina Voko – Director, BIRN Albania

Mr. Neritan Sejamini – Editor-in-Chief of Exit.al and Director of the EuroNews Albania Information Department;

Mrs. Valia Pentarvani – First Counsellor & DHoM of the Embassy of Greece to Albania; Mr. Alexis Hupin – Head of the Political and EU integration section EU Delegation; H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania;

Mrs. Krisela Hackaj – Expert and Executive Director of CDI Albania

 

The findings, Opinions or Recommendations expressed at this event represent the views of experts and the AIS organization and do not necessarily reflect the responsibilities of the partners or supporters of the C1-EU-NPA

Project.

The document has been forwarded in the Official Form to the institutions engaged in the process and interested parties.

AIS/Open Data Albania is a local non-governmental organization established in 2011. The organization has created a database with open data on Public Procurement in the Health sectors; Concessions; Local Government; Road Infrastructure; Publicly Owned Enterprises; Development Fund. The organization also applies RedFlag real-time risk assessment instruments and is the author of several case studies on Public Procurement and Contracting issues.

 

Corruption Risk in Albania Public Procurement (2017 – 2019) – a Document prepared by Heritie School of Governance and the Albanian Institute of Sciences AIS, May 2021.

The OSCE Presence in Albania commissioned the Hertie School of Governance and the Albanian Institute of Science, to research corruption risk in public procurement in two relevant sectors and to propose improvements to the legal and administrative framework for its reduction.

Please find HERE an Executive Summary of the research document.

AIS Recommendations for interventions related to the Public Procurement Sector

AIS has carried out several activities under the Improvement of the Integrity of Public Contractors Project, aiming at creating an impact through two components of the project: i. strengthening civic actors, media, and non-governmental organisations ii. Public pressure for improving Public Procurement legislation and practice in the country

Regarding the second component, AIS became officially part of the working table with the Albanian Government in drafting the new Public Procurement Law. Our organization presented its findings and proposals regarding problems of legislation on public procurement, and mainly the integrity of public contractors at this working table (government; agencies; parliament; international assistance bodies). Also, AIS has proposed that the Government should develop a public procurement strategy, and is already working on proposing the priorities that such strategy should have, such as improved digitalisation of e-Procurement and the practices of scanning competitors through short listing in the process of public procurement.

Please find some of AIS Recommendations for interventions related to the public procurement sector Here.

Case Study – Public Procurement Big Contracting

Another activity of our project Improve Integrity of Public Contractors was the preparation of two case studies for two large public contracts and procurements. The objects of the first one is the Concessionary Agreement for the financing, design, renovation, supply, reorganization and functioning of the PPP concessionary for providing laboratory services to hospitals, regional and municipal ones. The second case study refers to the procedure for Buying uniforms for the State Police for several years.

The first procedure is a procedure conducted in 2017 and finalized with a contract being awarded only in 2019. The selection was done through an open tender and a consortium of several companies was selected as the winner, [1]with these companies established a concessionary company later[2]. The procedure was followed by wide debate about the selection of the winning operator, as one of the companies of the winning consortium was registered in a country under the shell regime. The local authorities did not demonstrate any efforts to make any verifications of the integrity of this company or to check for potential conflicts of interest of its owner(s).

The case study developed as part of the project identified some wrong procedures that had already been opposed by the Government-contracted Consultant. Upon review of this case study, it was found that:

1) The Contracting Authority – the Ministry of Health, did not meet one of the essential conditions provided by the Law and Regulations on concessions/PPPs, namely: The legal obligation of comparing the PPP Model with the Public procurement to prove the cost effectiveness of the PPP project compared to the Public procurement, which would allow for the development of this Project;

2) The Contracting Authority has not published any reference for the financial analysis based on technical, quantitative, or statistical elements for the laboratory services as the basis for calculating the value of the Project in the amount of 13,005,966,000 lekë, without VAT;

3) The Implementation of the Laboratory Project for almost the entire Territory of the Republic of Albania carries an edit risk for the Public party, because in case of failure, this could lead to collapse of the Public laboratory system, which would be a health catastrophe;

4) The Contracting Authority has failed to deliver on its commitment to reduce the social impact of the project.

5) The Winner of the Project is selected in contradiction with the legal framework on concession/PPPs, the criteria published by The Contracting Authority, and without taking into consideration the Opinion of the IFC international expert;

6) The contract does not provide for one of the main insurances for projects of this nature, such as “Insurance of Professional Liability”.

Find the Case Study HERE (Albanian) and Here ( English)

The case of central purchases represents the highest value tender held so far by the Central Purchasing Authority. This tender is held on behalf of the State Police Directorate. The procedure selected for contracting in this case is a particular procedure rarely used, given its limits regarding the high monetary values. What is interesting is that this tender is being held at the same time the project is implemented. This case was selected given the problems already evident with the type of procedure followed[3], already excluding interested operators from competing by selecting them through the limited procedure

Find the Case Study – Here ( Albanian)

[1] http://openprocurement.al/sq/hconcession/view/id/6

[2] http://opencorporates.al/sq/nuis/L91923002T

[3] http://openprocurement.al/sq/agency/view/id/344