AIS’ concerns about the Project Law on Amendments to the Public Procurement Law, noting inconsistencies with the SAA and potential risk of corruption.

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Dear Friends, 

On February 8, 2024, the Parliament will vote on a Project Law on Amendments to the Public Procurement Law No. 162/2020 during a plenary session.

Being familiar with the project of the law, currently under review in the Parliamentary Committees this week, AIS expresses strong concern regarding two aspects of the project legislation:

Please find attached the letter from the AIS Organization addressed to the Parliament (and respective committees).

Opposure. Draft Law on Amendments to the Public Procurement Law

  1. Article 48, point 2, makes the law highly susceptible to corruption and introduces the potential for contracts with a risk of abuse. Consequently, this article contradicts the Stabilization Association Agreement, specifically Article 74.
  1. The Project Law, initiated by the Albanian Government, envisions interventions for an Integrated Electronic System for Public Procurement. However, the accompanying Explanatory Report to the Project Law has not anticipated the financial costs of the intervention. The Parliament cannot approve a law without accurate financial forecasts from the Government (Ministry of Finance).

Therefore, AIS has submitted a written request to the Parliament, urging the removal of Article 48, point 2, from the Project Law. According to our analysis for corruption-proofing of legislation, this article poses a high risk.

Content of Article 48, Transitional Provisions, point 2: Within a period of 3 years from the entry into force of this law, the Council of Ministers may authorize state/public administration institutions at the central level to negotiate and conclude international consultancy agreements within the scope of their competence, pertaining to areas of strategic interest, including the application of artificial intelligence, cyber security, critical infrastructure, and the fight against organized crime and corruption.

Additionally, this Project Law should not proceed to the Plenary Session on February 8 without being accompanied by a detailed Explanatory Report from the Ministry of Finance regarding financial costs. Furthermore, a thorough examination of the issues conflicting with the SAA should be conducted in advance.

It is recommended to the Parliament that, prior the Final Review during the Session, it initiates and seeks a Consultative Meeting with organizations serving as Business Associations, as well as those engaged in the areas of the Rule of Law, European Integration, and Transparency.

The AIS organization, known as Open Data Albania, has previously participated in the Public Consultation process of the Albanian Government for this Project Law (June-September 2023). LINK

 

Best regards,

Aranita BRAHAJ

Director of AIS / Open Data Albania

Event: Oversight of Public Finances. On the Role of Parliament, Institutions and Civil Society

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Organizer: AIS, promotor of Open Data Albania

Project and Partnership: Increasing Parliament’s Responsiveness to Citizens’ Concerns, Project supported by the British Embassy in Tirana and implemented by a consortium led by IDM, in partnership with Citizens Channel and AIS

Agenda: Download here

Opening and Welcoming Speech

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  • Mrs. Aranita Brahaj – AIS’ Executive Director
  • Mr. Sam Goldbart, First Secretary, Justice, Political and Homme Affairs British Embassy Tirana
  • Mr. Gjergji Vurmo, IDM Representative
  • Moderator: Mrs. Matilda Duri
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Panel no. 1

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Parliamentary Oversight of Public Finances and the Supreme State Audit Institution 

  • Expert – Prof. Lindita Lati Milo
  • Presentation of the Policy Paper: Findings and Recommendations
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Positions over the PP’s Findings and Recommendations

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Mr. Eduard Shalsi  
Chairman of the Committee for Economy and Finance

  • Mrs. Jorida Tabaku
  • Chairman of the Committee for European Affairs and Member of the Committee for Economy and Finance
  • Mr. Gjovalin Preci
  • Director of State Budget Audit Department, Supreme State Audit
  • Questions and Discussion

Panel no. 2

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Parliament and its Role in the Oversight of the Fiscal Policy. State Budget Drafting, Supervision and Reporting Processes

  • Expert – Prof. Petraq Milo
  • Presentation of the Report: Oversight Role of the Parliament. Findings and Recommendations
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Positions over the Report’s Findings and Recommendations 

  • Mrs. Pranvera Resulaj
  • Member of the Committee for Economy and Finance
  • Ms. Emilja Koliqi
  • Member of the Committee for Economy and Finance
  • Questions and Discussion 

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

Objective: In this event, through the presentation of the Policy Papers and Report, we aim to bring to attention findings and recommendations on aspects related to the role of the Parliament, its cooperation with institutions or other civil actors to ensure better processes for drafting, consultation and monitoring of the State Budget and Public Finances.

Likewise, during the discussions, we would like to create space for debate and exchange of arguments between high-level representatives from the Parliament, Constitutional Institutions, Ministry of Finance, Civil Society, and the Media.

Venue: Hotel Tirana Marriott, Bylis Hall, 3rd Floor

Day: January 31, 2024

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