Activism and Civil Society for Drafting, Consultation and Implementation of the State Budget in Parliament

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The organization AIS/Open Data Albania organized, on October 23rd, in the city of Lezhe, a training with activists, journalists and representatives of non-governmental organizations. The subject of the training “Activism and Civil Society for Drafting, Consultation and Implementation of the State Budget in Parliament”.

The event was held within the framework of the Project “Increasing the Parliament’s Responsiveness to Citizens’ Concerns”, supported by the British Embassy in Tirana and implemented by a consortium led by IDM in partnership with AIS and Citizens Channel.

The objective of the Training was to raise the capacities of CSOs, activists and the media to contribute to the State Budget Planning, as well as Policies of Distribution and Expenditure of Public Money.

This training cycle will also be held in the municipalities of Lezhë, Diber, Shkodër, Kamëz, Tiranë and Malësi e Madhe, targeting representatives from Civil Society; Activists and Local Journalists.

 

 

The training aims to strengthen comprehension and monitoring skills in regards to the Drafting, Approval and Reporting Process of the State Budget in the Parliament, as well as raise responsiveness and participation capabilities during the phases of Planning and Approval of the State Budget and policies concerning Public Finances. Another aims of the training is to inform about the existing legal instruments who allow for participation, proposals or hearings in the Parliamentary Committees.

See the agenda in Albanian HERE

See the agenda in English HERE

Activists from the Lezha district, apart from gaining insight from the lectures and the training curriculum, worked on practical cases, to help them gain a better response faculty regarding the budgeting and distribution of Public Money. The area of Education and its budgeting  was one of the moments that aroused the most interest among the participants, emphasizing that the region faces two types of difficulties. The urban area faces limited capacities in public schools, overcrowded classes, lessons in shifts and a limited number of teachers. Meanwhile, in rural areas, schools operate with a very limited number of students, endangering the very existence of classes and schools and adversely affecting the education and life of the respective residents.

 

 

The event also highlighted the need for more support and more dignity for parents of children with specific needs and better management of social protection.

This project aims to strengthen the Parliament’s efforts to foster an enabling environment for the inherent engagement of citizens in policy making and legislative processes in the country, as a means of promoting public interest and building trust in the institution.

 

 

Public Procurement in Albania – Matters of Practice and Legislation

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Presentation by: Aranita BRAHAJ, Executive Project Coordinator

Viktor GUMI, AIS’s Legal Expert

October 19th, 2023, h.13.00.

AIS’s commitment towards Transparency, as well as Improving Accountability and Dialogue within the Cluster 1 negotiation framework.

AIS is a local organization founded in 2011, best known as the promoter of Open Data Albania, working on Transparency, Accountability and Good Governance.

SIDA Support and Partnership. For the March 2021 – February 2024 period AIS is implementing the “Open Data Access and Transparency over Sectors exposed to Risk of Corruption” project. Supported by the Swedish International and Development Cooperation Agency, SIDA.

Focus: Open Data, Evidence Based Approach and Anti-Corruption.

AIS has contributed to fostering dialogue for better public policies through Research Articles; Publications, Litigation and drafting of Policy and Position Papers.

AIS is working with young people through its OpenDataFellowship Youth Network on educating, capacity building, as well as internshiping the fellows on articulation and public debate based in facts and data.

AIS is part of a Consortium of 4 Local NGO-s, aiming to Improve Policy Debate and Accountability in the Fulfillment of the First Group of Negotiating Chapters Cluster One, C1-EU-NPA.

AIS and IDM are local partners with Transparency International in the implementation of the Project “EU4Rule of Law: Citizens Engagement for Public Integrity (CEPI) in the Western Balkans and Turkey”.

Download document here.

AIS has built digital databases, based on the Open Data Standards, which have enabled the empowerment of public actors, through easy access to information and facilitation on the monitoring of the public sector (expenditures, procurements, contracting, asset declaration).

Open Procurement Albania.

For each tender we create a Passport containing information on the tendering procedure, by the first notification till at the Budget payment. The passport lists all the Tender Documents (the institutions stop publishing/advertising the relevant tender documents after the finalisation of the tendering).

The information, distributed by institutions is closed formats pdf, not consistent in time and not integrated or comprehensible to third parties.

The AIS team collects and gather all documents, data and information regarding a Tender and creates the integrated tender PASSPORT according to the Open Contracting Standard.

 

In the end, an algorithm for risk assessment makes it possible to mark with a Red Flag tenders displayingrisk of potential irregularities. The algorithm assesses only the variables of Competition and Competitiveness. Models: Instruments and Principles of Open Contracting Partnership; Risk Assessment Tools from Transparency International.

What have we found

Disclosed Data and RedFlag Assessment prompt media investigations; public debates; audits of the Supreme State Control, in some cases even Criminal Complaints in SPAK are based on Open Procurement Albania evidence.

15 to 35% of Tender procedures are RedFlaged, marked for displaying concerning competition and potential clientelism. Municipality tenders score 15% Redfleg procedures, while the Health Sector 30%.

Concentration of Tenders in the hands of Select few Competitors. Absence of foreign companies: 42% of the value tendered in the frame of the State Reconstruction Program was awarded to only 15 local companies.

Businesses Companies allegedly involved in money laundering of organized crime, were given the status of Public Contractor in tenders. (SPAK has started several investigations, complaints have been filed by MPs and the Opposition and evidence can be accessed via the OpenProcurementAlbania Database).

Special laws for certain programs and natural disaster situations have created room for Clientelism.

In 2021, around 28% of the tendered value was tendered through the Restricted Procedure, as established through the Special Law.

Debate and Accountability on Fulfillment of the First Group of Negotiating Chapters Criteria, chapter on Public Procurement

  • Policy Paper, February 2022

Public Procurement Albania through the lens of European Integration. Author V. Gumi

Debate and Accountability on the Fulfillment of First Group of Negotiating Chapters Public Procurement Chapter Criteria

  • Policy Paper, February 2023

Integrity Control of Public Contractors. EU Practice and Contracting in the Albanian Context – The document was drafted by AIS, in collaboration with renown expert Eduard Halimi.

Comments/Recommendations in the framework of the Public Consultation Process regarding the Draft Law presenting Amendments to Law 162/2020.

The organization AIS, promoter of Open Data Albania, engaged in monitoring and identifying issues related to the Public Procurement, comments and recommendations regarding the draft law “On several additions and amendments to law no. 162, dated 23.12.2020 on Public Procurement”, that is currently in the Public Consultation Process and was presented by the Albanian Government in June-July 2023.

The Need to improve the Public Procurement

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As part of CI-EU-NPA “Improving the Debate on Policies and Accountability to fulfill basic rights through the creation of the Platform for Negotiations of Cluster I Albania”, AIS held a roundtable on the Needs for Change in Public Procurement Legislation. Member s of the Parliament, Mrs. Jorida Tabaku and Mr. Eduard Shalsi and representatives from the Public Procurement Agency, Mrs. Xhoana Ristani was part of this roundtable. This document comes within the framework of the Consultation process that the Albanian Government has announced for its Legal Initiative with Amendments to this Law. AIS has annylized this draft law taking into consieration EU Accession process where Public Procurement is cpart of Cluster 1. The three important aspects proposed by the Council of Ministers in the Draft are as follows:

See the agenda HERE

See the document HERE

a) Bringing the procurement process out of the public domain, that is, the inclusion of private-non-public entities that will play the role of Contracting Authorities in the public procurement process;

b) The establishment of another SPE Electronic Procurement System which in the draft is presented to us with the first two innovations SPE harmonized and integrated with other electronic systems and the second SPE which is accessed by paid users.

c) Defining Artificial Intelligence as a mechanism that will serve for the development of the SPE for the standardization of technical specifications, as well as the development of the dynamic purchase and electronic auction system using advanced Artificial Intelligence technology and robotic processes, etc.

 

AIS / Open Data Albania presented its position and analysis regarding these three aspects of the Legal Initiative of the Council of Ministers.

This event takes place in the framework of C1-EU-NPA “Improving the Debate on Policies and Accountability to fulfill basic rights through the creation of the Platform for Negotiations of Cluster I Albania”, a project implemented by four Albanian organizations: CSDG, ISP, AHC and AIS, with the support of the Embassy of the Netherlands in Albania in Tirana.

Master Class on Electoral Integrity and Improvement through Data and Evidence-based Processes – Open Data Youth Fellowship

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On July 3rd, an event titled “Master Class: Electoral Integrity and Improvement through Data and Evidence-based Processes” was held. This event served as a platform for data analysts participating in the Open Data Fellowship Network’s Youth Capacity Building Program to present to their younger colleagues and those interested in issues related to electoral integrity. The presentations encompassed reports and analyses on this subject.

 

The participants in the event included representatives from relevant institutions and organizations such as OSCE, USAID, the Council of Europe, the Embassy of the United Kingdom, Westminster Foundation for Democracy Tirana WFD, Institute for Political Studies, RYCO Regional Program, SCiDEV, Union of Journalists, and local organizations.

 

Ilir Brasha presented an article on Electoral Projection of Mandate Allocation and the potential risk of underrepresentation through voting. The article, published in June on the Open Data Albania website (Projection of Mandate distribution for MPs in the 2025 elections based on data results for Subjects of the May 14 Electoral Process – Open Data Albania (ndiqparate.al)), and garnered a substantial number of views. Following the presentation, further questions and debates ensued, addressing the reasons and criteria that can directly correlate the number of votes for specific political entities with the number of representatives.

 

Pajtim Nikolli presented findings on the Economic Power of 27 Media Owners in the country. The analysis involved identifying the number of businesses owned by each individual, the sectors in which they operate, their involvement as public contractors in public procurement, the benefits derived from their strategic investor status, participation in the “Albania 1 Euro” Program, and concession contracts and agreements with the Albanian state. This analysis shed light on the economic interests and influences of each owner. Media owners play a significant role in electoral matters, as their positions and interconnections within the business realm can potentially sway electoral opinions and sympathies.

 

Data on Media Owners are published in the Open Corporates Albania Shoqëri Biznesi (opencorporates.al), with the report set to be released on the Open Data Albania website soon.

 

Another important aspect that was presented and discussed during the event was the necessity of utilizing Information and Communication Technology in Electoral Processes. AIS, represented by its founder Besjana Hysa, showcased the Za’Lart Posts application Posts – Za’Lart 2017 – Za’Lart 2017 (ushahidi.io), which can be employed during elections to map irregularities and vote-buying. This application enables individuals to report electoral issues in real-time, providing visual evidence through photos and videos.

 

This event is part of a series of activities aimed at enhancing the capabilities of young people through the Open Data Fellowship Youth Network. The network was established as a component of the Open Data, Access, and Transparency over Sectors exposed to the Risk of Corruption project Open Data, Access and Transparency over sectors exposed to Risks of Corruption – Albanian Institute of Science (ais.al), supported by the Albanian Institute of Science (ais.al) through Sida and the Swedish Embassy in Tirana (2021-2024).

 

The AIS organization has been actively working with young people since December 2021, with the objective of strengthening their ability to combat corruption through civic education and improved fact-checking models. Throughout this period, the organization has organized numerous events Search Results for “youth” – Albanian Institute of Science (ais.al), including training sessions, debate forums, DataThons, individual sessions, and master classes for young individuals. These initiatives aim to help participants develop skills in public speaking, engage in evidence-based debates, and apply the principles of open data. The program is built upon a comprehensive training curriculum, with support from analysts at Open Data Albania, and offers an internship opportunity within the organization.

 

51 Parties have benefited ALL 2.17 billion from Taxpayers in 10 years 2011-2022

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AIS has just published an article on the Open Data Albania page showing the Public Money Value that Political Parties have received in 10 years. 2011 – 2022. The data provided in the article disclose public funding from taxpayers’ money distributed to (51) Beneficiary Parties1), by Year abd by type of funding, i.e. annual or electoral funding, etc. The reference used for each data is taken from the Spending Data Albania Treasury Transactions database. This article was created by the youth team working at AIS organization as part of an Open Data Network and was first presented at the Open Data Albania Event. Article Link: Treasury Transfers for Political Parties 2012-2022 – Open Data Albania (ndiqparate.al)
Some of the data:
  • In ten years, 2012-2021, Political Parties have benefited from public funding in the amount of 2.174 billion ALL.
  • ALL 1.784 billion are allocated to the regular annual activity of political parties, while ALL 390 million have been allocated to electoral campaigns (General Election 2013, Local Election 2015, General Election 2017, Local Election 2019, and General Election 2021).
  • Budget expenditures as support for Political Parties for their Election Campaigns have been in the amount of 65 million ALL until 2021, while this year these transfers have doubled to 130 million ALL.
  • Public financing for electoral campaigns for Political Parties accounted for about 20-27% of the total public financing for parties during the years 2013, 2015, 2017 and 2019, while in 2021 it accounted for almost half or 47%.
  • On average, in an electoral year, 265 million ALL were transferred from the State Budget as support for political parties, while in non-electoral years, 170 million ALL or 36% less were allocated to the parties.
  • Treasury data show that over the years the Socialist Party is the one that has benefited from the highest value of transfers from the State Budget. The years 2012 and 2014, on the other hand, are the years when it was the Democratic Party the one that has benefited the most from public funds.
  • In total, there are 50 political parties that have managed to absorb funding from the State Budget in the years 2012-2021. In 2022, even Nisma Thurje Party managed to get funds from the state budget, bringing the number of political parties benefiting from transfers from the state treasury to 51 parties.
Open Data Albania, the database owned by AIS, has disclosed year after year data on the funding and costs of election campaigns and political parties. You can read a group of articles in the Electoral Expenses section or in the Electoral Processes section. Being committed to contributing to transparency and improvement of electoral situations, AIS has developed methodologies and projects for Election Citizen Monitoring. The organization is already working on raising funds for such methodologies and projects to be implemented in the upcoming 2025 parliamentary elections.

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

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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.

Three expert panelists ellaborated and emphasized aspects of the sector, problems and the need for better standards and policies in management and auditing. Specifically:

Prof. Assoc. Dr. Ira GJIKA presented the Findings and Recommendations on Enterprise Management and Auditing

CFA. Irena BEQIRAJ The former Deputy Minister of Finances, presented some typical cases of poor SOC management, issues coming from party influences and the lack of meritocracy at the management level.

Prof. Assoc. Dr. Mateo SPAHO presented the EU models and standards of Financial Control over State Owned Companies, highlighting a far-from-positive situation in the Albanian context and the need for reform, independence and management through administrators with the proper skills and integrity.

At this event, the DataSet with dynamic passports for State Owned Corporates was also presented, a dataset incorporated in the Open Corporates Albania web database. The Director of AIS/Open Data Albania, Ms. Aranita BRAHAJ, explained the importance of information and transparency on the management, performance, legal issues and use of assets of important public companies. With a view to making these companies as transparent as possible, AIS has applied the Open Corporates Albania Open Business Register model. In this database, the information comes for each Company in a well-structured version applying OpenData and LinkData standards. The database for State Owned Companies is the result of the implementation of the project entitled Open Data Access and Transparency over sector exposed to Risk of Corruption, a project supported by Sida, the Sweden International Development Cooperation Agency (March 2021 – February 2024). The purpose of the project itself is to Promote Transparency and Inform the Public through Open Data.

The event was attended by representatives from Institutions Engaged in Financial Control and Auditing of the State Owned Companies Sector, such as

  • Ministry of Finances
  • High State Audit
  • Representatives from the Embassies of European countries
  • Representative of EU Delegation in Tirana
  • Academic representatives from Universities
  • ThinkTank Organizations
  • Media representatives
  • Members of the OpenData Fellowship Youth Network

List of participants.

Findings, Opinions or Recommendations Expressed in this document and in the organized event represent the views of the experts and the AIS organization, and do not necessarily correspond with those of the project partners or supporters.

Datathon Albania 2023

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DataThon Albania, a data marathon, took place on April 3rd and 4th, 2023. Over two days, young participants collaborate to create a dataset, analyze, visualize, and present the data.

AIS has previously organized events such as Hackathons, DataThons, or DiploHacks. This year, participants in the data marathon were young members of the OpenDataFellowship Network. The event aimed at Civic Education and empowering young people in data gathering and analysis, as well as presenting their finding to the public.

 

Monday and Tuesday, From 3 April, 09:00 to 16:30 and 4 April, from 17:00 to 18:30

Rogner Hotel, Antigonea Meeting Room

Topic of DataThon: Party Financing Data, Charts, Visualizations and Recommendations

The participants of DataThon Albania this year are young people from the OpenDataFellowship Network

 

Datathon Albania 2023 is organized by AIS, promoter of Open Data in Albania

This year, DataThon is held as part of the Open Data Access and Transparency Project activities

in sectors exposed to the risk of corruption, a project financially supported by

Sida – Sweden International Development Cooperation Agency

First Day of Marathon, April 3rd, from 09:00 to 16:30

Phase 1: Ideation from 10:30 to 12:00

Welcome Participants to the Marathon

Logistics

What is a DataThon?

How can data be collected for the Finances of Political Parties over the years

Working Teams are created for Lawyers: Statisticians; Economists; and Designers

Moderator: Aranita Brahaj & Fatjona Mejdini

12:00 DEADLINE – HAND IN YOUR PROBLEM ANALYSIS

Lunch 12:00 – 13:00

Phase 2: Prototyping 13:00 to 15:00

Phase 3: Preparing an elevator pitch from 15:00 to 16:30

Prepare an elevator pitch of Max 3 minutes on the idea MAX 1 visual

17.00 DEADLINE: HAND IN 1 VISUAL FOR ELEVATOR PITCH

 

 

Second Day of the Marathon, April 4rth, from 17:00 to 18.30

DataThon Albania Award Ceremony

Tuesday, April 4th, 17:00 – 18:30

Rogner Hotel, Antigonea Meeting Room

PRESENTATION OF THE TEAMS – KEY NOTE SPEECH – AWARDS AND DRINKS

Follow us

On the website of AIS http://ais.al/new/

On twitter @AIScience

on Facebook https://www.facebook.com/OpenDataAlbania/

Where the Graph, Data and Visualizations of this Marathon are published

On the Open Data Albania web page

DataThon Albania 2023 is organized by @AIS, promoter of Open Data in Albania

Supported by Sida – Sweden International Development Cooperation Agency

 

 

 

Some Data-Sets, Graf and Data prepared in the frame of the DataThon Albania 2023 event:

DataThon Albania 2023 – Topic Party Financing Data, Charts, Visualizations and Recommendations

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Make Data Great Again

 

What is DataThon Albania 2023

DataThon is a marathon event where citizens work together to collect, analyze data and raise awareness about a specific topic. The word DataThon is a combination of Data plus Marathon. The work consists of data collection, analysis, comparison, structuring and visualization of information.

Usually, a specific topic or field is chosen and the engaged group focuses and has an interest in working in that field.

Instruments or apps are often developed in datathons to make the information as useful as possible. DataThon are events where citizens, activists, journalists, economists, lawyers, architects, and various professionals may participate as long as they have a passion and desire to work with data.

An inspiring event for DataThon Albania 2023 is also the EU DataThon

 

Who Organizes DataThon Albania 2023

Datathon Albania 2023 is organized by AIS, promoter of Open Data in Albania. AIS has previously brought events like DiploHack Tirana, Hackathon and DataThon.

This year, DataThon is held as part of the Activities of the Project Open Data Access and Transparency in the sector at risk of corruption, a project financially supported by Sida – Sweden International Development Cooperation Agency.

 

Where and when it will be held

April 3 and 4, 2023 at Antigonea Meeting Room, Rogner Hotel

 

Who will work on the data? What about the audience

This year, participants of DataThon Albania are young people from the OpenDataFellowship Network. This Youth Network was created to increase the capacities and skills of young people in matters related to anti-corruption . At the end of the Marathon, in the final presentation session, you are invited to participate and listen to the presentations of the young people with Data, Charts, Visualizations and Recommendations.

Featured Topic

This year, the Marathon will focus on Political Party Financing. The selected topic sheds light on the integrity of subjects very important for the democratic and pluralistic life of the country. The young people participating in the marathon will work to gather data on the expenses declared by the political subjects in the last ten years, the structure of their income, the types of expenses, the weight of the electoral expenses versus the total expenses, the issues related to transparency, difficulties with access, and party financing issues that require practices with more integrity.

 

Event Contribution and Output

Data, Charts, and Visualizations will be presented in the final stage. Young people will also submit recommendations, their perspectives on how to improve the rules and models of control or reporting of the Finances of Political Parties with a view to ensuring Integrity.

 

Where can we be informed?

On the website of AIS.al

On twitter @AIScience

On Facebook 

On the FollowTheMoney platform

 

Where the Graph, Dates and Visualizations of this Marathon are published

On the Open Data Albania web page

 

Not only DataThon

At this event, Certificates will also be distributed to the team of young people who have attended the first cycle of activities for capacity building as part of the OpenData Youth Network

 

 

“February, Month of Civil Engagement for EU Integration” started – AIS presented a Policy Paper on Integrity Control of Public Contractors, EU practice and the Albanian Context

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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.

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

See the Policy Paper HERE

  • Mrs. Aranita Brahaj – Executive Director AIS/Open Data Albania

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

  • Mr. Eduard Halimi – Legal expert

  • Mrs. Jorida Tabaku – Chairperson, Parliamentary Committee for European Integration and Mrs. Klotilda Bushka – Chairperson of the Legal Affairs Committee Parliament

 

 

Constitutional Control over Corrupt Laws, Vacancies of several years in the Constitutional Court bring Serious Consequences for the Prevention of Corruption by Law

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The AIS organization initiated a Lawsuit in September 2021 for the Constitutional Court requesting the Repeal as unconstitutional of a law that regulates Contracts for the Reconstruction Program after the Earthquake.

The lawsuit of the organization AIS/Open Data Albania sought the Partial Repeal of Law no. 97/2019 for the adoption of the normative Act with the power of Law no. 9 / 2019 of the Council of Ministers for Coping with the Consequences of Natural Disasters.

In our opinion, this Law is incompatible with the Constitution of the Republic of Albania as it violates economic freedoms; affects open competition; creates premises for corruption and clientelism in the distribution of Contracts to Preferential Clients.

Contracts for the Reconstruction Program (about 120 billion ALL) have been signed and continue to be signed by following procedures: a. limited procedures, b. procedures without a contest and c. procedures with discriminatory legal deadlines. procedures with criteria formulated by the Procuring Authority.

The Government and the Parliament have introduced this form of contracting by law.

In addition to the potential for clientelism, the contested Law also carries risks for contracts with Business Entities who are persons under investigation for Laundering the Proceeds of Organized Crime and Drug Trafficking.

Now the Special Anticorruption Prosecutor’s Office has already taken several decisions involving such Businesses as Parties to Public Contracts for Reconstruction.

Regardless of this, the Constitutional Court, which is responsible for checking and repealing the operation of Laws that violate economic freedom and create the premise for Favoritism and Corruption, has not been capable and functional regarding such activity.

The court hesitated and did not act upon a Lawsuit from an Anticorruption Organization. The lawsuit formulated by our organization that works for accountability, transparency and anti-corruption was not recognized as a legitimate lawsuit as the Case Reporting Judge argued that an organization can Request Constitutional Interpretation, but only in cases its members have a direct interest in the claim.

We think that failure of the Court to recognize the right of Organizations, whose mission and scope of work is Good Governance and Anti-Corruption represent a time of regress.

The Constitution recognizes Organizations as entities that have the right to request Constitutional Control, Article 134 point h of the Constitution. And the interest in a claim made to the court does not have to be an individual interest of the members of an organization, whose mission is directly relevant to that claim.

With the desire to stop the operation of a clientelistic law, the organization asked for the cooperation of other actors who are immediately legitimized as subjects that may put the Constitutional Control in motion.

Our request was answered by 28 opposition MPs who re-sent the Lawsuit to the Court in January 2022 . This time, the Court Accepted to Review the Lawsuit and Started reviewing the case facts in a Plenary Session in July 2022.

But in July 2022, the Constitutional Court functioned with a limited number of members, only 7 of its 9 members were in office. Delays in the filling vacancies has affected the efficiency of the Court.

Even with 4 out of 7 judges voting in favor of accepting the lawsuit, and 3 voting against, the lawsuit failed to repeal this law. It requires 5, and not 4 votes in favor, i.e. qualified and not simple majority, to accept the lawsuit.

After two attempts to activate the Constitutional Check, the fact is: The Law that gives Power to the Normative Act of the Government, continues to Remain in force and produce serious consequences of Corruption by Law.

Through this Law, some important contracts in value and public interest have been won by Businesses already subject to criminal investigation, seized by Court Decision for organized crime and drug trafficking.

This company managed to win several contracts with high monetary value for Reconstruction in the Main Areas for Compulsory Development after the Earthquake. This is a typical example of how the limited procedure, the lack of bidding competition and the final negotiation of the bid at the table and not through filling in the electronic system, have led to public contracts being awarded to individuals and businesses that aim to clean up Criminal Products through Public Contracting. In an open competition, a business that does not have Similar Construction Works would not be able to qualify as a Successful Competitor. The law preventing free competition enabled this clientelistic penetration.

The procedure without competition, limited, and with negotiation outside the electronic system is provided precisely by the law that had to be repealed. Only after the award of Public Contracts, the Special Prosecutor’s Office for Anticorruption SPAK acted by requesting seizure of the Businesses. But the fate of public contracts and the responsibility of those who created this situation where the state becomes a contractual partner with entities with criminal records, remain issues without regulation and without criminal investigation.

Corruption by law has been favored in recent years in the absence of the Constitutional Court, its Vacancies and Lack of Efficiency in Reviewing Cases.

As above, the Constitutional Court should exercise a role in controlling the compatibility of Laws with the Constitution. Setting the constitutional court in motion, its operation without vacancies, integrity, impartiality, improved doctrine regarding the constitutional control over Corrupt Laws are the main aspects of Preventing the Corruption Phenomenon by Law.