TRANSPARENCY, ACCOUNTABILITY AND CIVIC ENGAGEMENT
AIS Newsletter April 2020
Open Data Albania platform for Covid-19, Albania without random sampling tests Parliament approves Concessions - Political decision-making violates PPP legislation
Purchases for Covid-19 situation, Albanian Government applies Secret Contracts without Participation and Transparency
Open Data Albania platform for Covid-19, Albania without random sampling tests
Open Data Albania has established a real-time data databaze for the spread of Covid-19 in Albania. The database contains official data and charts for the number of those affected, suspects, tests and other statistics. So far, the serological tests for verifying immunity to Covid-19 infection were made only by the staff of the Mother Teresa Hospital Centre. These tests give a 9% positivity result. The country has not conducted any test groups to check infection by, and immunity against Covid-19, according to Random Sampling. The current tests are made following epidemiological investigation and tests for medical teams at risk. We also miss information on Covid-19 test among people who have lost their lives from common causes. Open Data Albania was established in 2011 by the AIS. This portal promotes broad use of information and data aimed at awareness and reaction for more accountability and good governance.
Parliament approves Concessions - Political decision-making violates PPP legislation
MPs voted during the state of emergency of natural disaster caused by Covid-19, at the parliamentary session of April 30th, a law on adopting change, concessionary addition to the Port Romano Durres. This political decision of the Council of Ministers and Parliament is in our opinion in contradiction with the Law on Concessions and Public-Private Public Partnerships, i.e. Law No. 125/2013, namely Article 33 on the granting of additional works and services to PP concessions, where the scope of concessions can only be extended under specific conditions related to the need for conducting the works or services envisioned in the existing contract. Under no circumstances are negotiations and political decisions allowed to extend the scope of a concessionary agreement outside the procurement procedure, giving the concessionary additional rights and benefits. Failure to comply with the legal requirements for the approval of the PPP contracts, and worse, by political decision during a situation of natural disaster is political irresponsibility of the current majority. AIS monitors PPPs and concessions through the Concessionary Register .
Purchases for Covid-19 situation, Albanian Government applies Secret Contracts without Participation and Transparency
AIS notes with concern that the Albanian Government has decided in an unconstitutional, illegal, an unnecessary manner to classify purchasing contracts and procedures used during the state of emergency caused by Covid-10 as secret. A list of the tiles of such secret contracts is published by Open Procurement Albania databasefor the health institutions. Through two decisions of the Council of Ministers, i.e. Decision no. 203 of 26.02.20 on Procedures used for Signing Contracts dictated by State Substantial Interests and changes used for signing Contracts dictated by State Substantial Interests, and the changes made by Decision of Council of Ministers No. 242 of 22.03.2020 on Amendments to Decision no. 203, the Council of Ministers classifies the procedures and contracts signed in relation to Covid-19 as Secret Contracts. The above-mentioned decisions of the Council of Ministers create situations, where clients are selected without making any announcements or calls for expressions of interest, which makes it impossible to identify and look for effective operators. At this time of crisis, opportunities for supplies are limited and characterized by dynamic changes.
Albanian Institute of Science
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