AIS vs. SP, SMI, and DP over Electoral Spending Transparency. AIS request the Administrative Court of Appeal to accelerate the court proceedings

In the context of the court proceedings and our efforts to force the political parties to provide the public with real time (during the election) data about the Financing of their Electoral Campaign, we are sharing with you some information about the latest developments.

Thus, AIS has filed a request with the Administrative Court of Appeal, asking it to: Abrogate of Decision no. 44, dated 22.07.2015 of the Commissioner for the Right to Information and Protection of Personal Data.  Force the political parties to give the complainant (AIS) the information about the financing of their electoral campaign requested on 09.06.2015.

The complainant in this process is: AIS, a non-profitable organization.

Defendants include: the Commissioner for the Right to Information, DP, SP, and SMI.

The case is registered with the court on 18.01.2016. The announcement of the Decision of the Court of First Instance, and the Transfer of the Case File to the Administrative Court of Appeal were delayed by two months. The court has drawn a lot, as a result of which the case is assigned to Judge Artur Malaj. Pending the court decision, AIS is afraid of potential prolongation and delays as a result of the technical workload of the administrative court.

In this context, AIS notes that the purpose of this court case, and the importance it has for the public interest requires the case to be adjudicated in due time, and without years-long prolongation. If the adjudication is prolonged and not finalized before the start of the next electoral campaign (2017), the purpose of the case and its adjudication are no longer important or relevant. In addition, a final interpretation and court decision would contribute to the process of debate and work for potential legal amendments in the framework of the Electoral Reform scheduled to be made and finalized within 2016.

Therefore, AIS in its capacity as the complainant in this court case, addressed the Administrative Court of Appeal, its Chief Judge Kastriot Selita, the case rapporteur, Judge Artur Malaj, and asked them to accelerate the court trial to as a short timeframe as possible.

 

Let me also remind you that our claim to real-time information about the financing of the electoral parties is based on Article 9 of the Constitution, point 3 “The financial resources of the political parties and their spending shall always be made public”.

 

Please find below a copy of the request made to the Administrative Court of Appeal for an Acceleration of Trial

Request for acceleration of adjudication

Copy of the second  request made to the Administrative Court of Appeal for an Acceleration of Trial

Second request for acceleration of adjudication