Misuse of Public Money in Elections, Legislation and Institutions Do Not Guarantee the Process

The risk of misuse of public money in elections is high. AIS denunciation of the misuse of the Post-Earthquake Reconstruction Program in the April 25th Elections was rejected by the Administrative Investigation Institutions.  They did not provide solutions for the violations found in the zone where Prime Minister Rama won. AIS reported that in violation of the Electoral Law, the Council of Ministers Decision dated 25 March and Durrës Municipal Council Decisions 12-24 April, transferred and executed in Durrës 6.1 Million Euro of non-emergency grants[1] with Individual beneficiaries benefitting 1-5 thousand USD. The Commissioner declared himself incompetent and rejected the lawsuit. The CSC, after AIS Appeal, accepted the investigation but ended it[2] with only one hearing where no Experts or challenged parties were heard. Based on the positions of the CSC and those of the Commissioner, the organization raises the alarm that the Reconstruction Fund, a medium-term budget program for 3-5 years, can be used in the next elections to compromise voters by giving individual grants a few hours before voting.


[1] https://spending.data.al/sq/treasury/list/year/2019/inst_code/2107001/pay_cat/6060099/from_date_reg/2021-03-25/to_date_reg/2021-04-30

[2] https://ndiqparate.al/?p=14577&lang=en

AIS: Concern for Lack of Transparency through the Non-Publication of the Report on the Implementation of the State Budget in the middle of 2021 (legal obligation with a specific deadline)

AIS / Open Data Albania draws attention and raises Concerns about the Lack of Transparency through the Non-publication of the Report on the Implementation of the State Budget by mid-2021 (legal obligation with a specific deadline).

Missing Report on the Implementation of the State Budget by mid-2021

AIS / Open Data Albania finds serious legal violations by the Ministry of Finance of the Law on Budget System Management. Specifically, the Ministry is not publishing the Mid-Year Report on Budget Implementation 2021, which provides data on “Hot” topics such as Debts, Arbitrage Liabilities, Public Costs for Concessions and Failures, and Over-Expenditures.

The team working for Open Data Albania finds that this is the first time that a Law on Budget comes to the Assembly together with the MTBP Medium Term Budget Plan, but with no State Report on the Budget for the closing year.

  • The Ministry of Finances has not yet published the Mid-Year Budget Implementation Report 2021, despite the fact that according to the Organic Budget Law it is a legal obligation of the latter to publish it.
  • This report is drafted in accordance with LAW NO. 9936 DATED 26.6.2008 “ON THE MANAGEMENT OF THE BUDGET SYSTEM IN THE REPUBLIC OF ALBANIA”, AS AMENDED “, where Article 46 “Review of the Budget implementation” provides that:

In June of each year, but not later than the day of submission of the medium-term budget program to the Council of Ministers, the Minister of Finances submits to the Council of Ministers the medium-term budget program and a report on the implementation of the current year’s budget, which is published. This report contains:

  1. an overall assessment of the country’s economic situation, macroeconomic, fiscal, and budgetary indicators for the 5-month period of the current year;
  2.  b) an expected assessment of macroeconomic, fiscal, and budgetary indicators by the end of the current year;
  3.  c) the measures are foreseen to be taken by the Government, in order for the indicators to be realized according to the forecasts; 
  4.  ç) the proposal of the Minister of Finances for the revision or not of the budget.

Until 2020, this report has been published regularly, but for 2021 there is still no publication on the official website of the MFE.

This year:

  1. Either the Ministry is in a state of Irresponsibility and Inability to finalize the report,
  2. or the Report is already finalized, but the State is censoring it by not allowing for its publication and transparency.
Report on the Implementation of the State Budget in the middle of 2020

This document was to be published together with the Medium-Term Budget Plan on the website of the Ministry itself and on the Website of the Assembly, as part of the package of documents accompanying the Budget Law.

AIS / Open Data Albania states that the 2021 budget year is characterized by issues with the budget consolidation regarding electoral expenditures, non-implementation of the investment plan for the Reconstruction Fund, and finally, Serious Costs related to Economic Compensations in Arbitration and other judicial costs incurred with the Albanian state being found guilty.

A few days ago, the public debate at the Assembly between the Chairperson of the ruling majority and the leader of the opposition regarding this report was accompanied by metaphors and insults about the source of the articulated data.

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This Network is being established in the framework of Open Data, Access and Transparency over sectors exposed to the risk of Corruption Project supported by SIDA through the Swedish Embassy in Albania.

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[Week 01.11.2021- 07.11.2021] Covid – 19 Situation with Vaccinations, Infections, and Mortality

Please find below an update on Albania’s situation with Covid-19, for the week 01.11.2021- 07.11.2021, which AIS / Open Data Albania is providing. Find Data and Charts on Covid-19 updated on a daily basis at https://open.data.al/covid-19/

As per the last public statement, the number of Vaccinated in the country is:

–           Vaccination with 3 doses 8 230 Persons

–           Vaccination with 2 doses 904 858 Persons

–           Vaccination with the First Dose 1 031 588 Persons

–           In Percentage, it results that 31.97 % of the Population is Vaccinated with 2 doses.

–           In Percentage, it results that 38.3 % of the Population above 15 years is Vaccinated with 2 doses.

The Albanian state has so far applied Vaccination with AstraZeneca; Pfizer BioNTech; Sinovac CoronaVac; Gamaleya – Sputnik V. (Linked all documents of our Government for Vaccine Administration https://openprocurement.al/en/htender/covid/title/KONTRAKTIME%20VAKSINIM%20COV-2?   )

Indicators as of November 7th, 2021, Infections, Hospitalizations, and Fatalities:

–           New Cases for 1st – 7th November  3825

–           People Testes 1st – 7th November  22 313

–           Number of Fatalities for last week, 1st – 7th November – 31 (Reduction from same week 1st – 7th November of the prior year.)

–           Number of active cases on 7th November 2021 – 8 059

–           Hospitalization 7th November 2021 – 184 (Reduction from same day 7th November of the prior year.)

–           Total Number of Fatalities 2 955

–           Total Number of Infected People 189 125

–           Number of recovered patients (1st – 7th November) 3491

–           Infected Number / Tested Number for 1st – 7th November – 17.1% (Increase from prior week)

–           Fatalities/Infected Ratio for 1st – 7th November – 0.81% (Reduction from prior week)

–           Hospitalized /Active cases as per 7th November 2021 – 2.28% (Increase from prior week)

–           Total Population of Albania 2 829 741.

–           Population above 15 years 2 362 375.

The same week, 1st – 7th November, last year (1st – 7th November 2020) there were: 48 deaths, compared to that for the same week we have 17 fewer deaths in 2021. (This year we have a reduction from the same week prior year)

A total of 2830 new cases and 11952 tests for (1st – 7th November 2020). (This year we have an increase from the same week prior year)

Active on the 7th November were 11146 people (1st – 7th November 2020). (This year we have a reduction from the same week prior year)

352 people were hospitalized on the 7th of November 2020.  (This year we have a reduction from the same day prior year)

Fatalities/Infected Ratio for 1st – 7th November 2020= 48/2830*100=1.69% (This year we have a reduction from the same week prior year)

In the portal created by AIS https://open.data.al/covid-19/ the data for Covid -19 are being updated daily. You will receive a weekly update on Covid 19, Vaccinations, Infections, Hospitalizations, and Fatalities in the coming weeks.

AIS databases, #Information, #Transparency, and #Accountability

–           Open Procurement Albania all Covid-19 Contracting https://openprocurement.al/sq/htender/covid

–           Open Data Albania #FollowTheMoney https://ndiqparate.al/en/10789-2/

–           Open Spending Albania https://spending.data.al/en

–           Open Corporates Albania https://opencorporates.al/

 

StaySafe!!!

The Election Commissioner refuses to investigate the Denounciation on Misuse of Public Funds in the Election Campaign, the case goes to the CSC

The organization AIS expresses its regret and would like to let you know that it has made an appeal against the Decision of the State Commissioner for Elections no. 457, dated 01.10.2021, through which the Commissioner refuses to review of the denunciation made by AIS/OpenDataAlbania Report on 31 May 2021. The parties denounced for having mismanaged the public funds are the Council of Ministers and the Municipality of Durrës.

Our denunciation dated 31 May provides arguments on the Misuse of Public Assets and Funds for electoral purposes, by the Council of Ministers and the Municipality of Durrës during the Electoral process April 25, 2021. http://ais.al/new/wp-content/uploads/ Call-CEC-Final-in-two-languages-1-this1.pdf

 

The Commissioner, by Decision dated 1 October, has decided to declare the review of the Claims submitted as beyond its competences. Link: http://ais.al/new/wp-content/uploads/Vendim-457_211001_Vendim-ndaj-Keshillit-te-Ministrave-Keshilli-Bashkiak.pdf

 

Considering this decision of the Commissioner unfounded in law and evidence, as well as contrary to the current practice developed by the Commission of Sanctions and Complaints (CSC), AIS filed on October 28th, its appeal by addressing the CSC. Link: http://ais.al/new/wp-content/uploads/ANKIMI-KAS-AIS_English.pdf

The complaint states that the Commissioner’s Decision should be Repealed because:

 

  1. There are Violations of the Due Legal Process during the Administrative Procedure.
  2. The foundation of AIS Request remained unanswered.

 

AIS (http://ais.al/new/en/?s=election ), as the author of the Denunciation, demanded asked the Complaint and Sanctions Commission to Repeal Decision no. 457, dated 01.10.2021 of the State Commissioner for Elections and Return the case for review to the Commissioner. Also Pursuant to Article 137 and/or Article 138 of the Code of Administrative Procedures, amendment of decision no. 457, dated 01.10.2021 of the State Commissioner for Elections and conduct of additional administrative investigation into the denunciation of AIS by the Complaints and Sanctions Commission and introduction of legal measures upon its conclusion.

 

The Complaint Review Session will be held by the CSC, on Monday, November 8 at 11 o’clock.

Some details on the administrative irregularities of the Commissioner’s Decision are set out below:

  1. Having no response from the Municipality of Durrës and the Council of Ministers and considering the requested information important for the administrative investigation, the Commissioner, by its decision no. 439, dated 02.08.2021, has decided to extend the term of the administrative review of the denunciation for violations provided for by the Electoral Code and decision no. 9, dated 24.12.2020 of the CEC Regulatory Commission on the Council of Ministers and the Durrës Municipal Council. LINK:  http://ais.al/new/wp-content/uploads/CEC-Decision-439_English.pdf
  2. Even after the extension of the term of the administrative review, the Commissioner has administered on 02.08.2021 only the response of the Municipality of Durrës by Mrs. Emeriana Sako, who performs the functions of the Mayor of Durrës.
  3. The Council of Ministers did not respond to the Commissioner and the latter did not request a response from them, and has not imposed any punitive measures for non-cooperation with the CEC as required by Article 169 of the Electoral Code[1].
  4. AIS: was not informed and did not have the opportunity to comment on any material / response submitted by the Municipality of Durrës.
  5. The Council of Ministers has not commented on this denunciation twice, it has not offered cooperation with the Commissioner and is not administratively punished for its position.
  6. In the process of making the final decision, AIS as the complainant was not given the opportunity provided by the Code of Administrative Procedures, Article 93, to finally express its claims. As the complaining subject, AIS shows a legitimate interest in this proceeding, because it is the party that made the denunciation and should have been called as an interested party in the administrative proceeding followed by the Commissioner.
  7. By Decision dated October 1, the Commissioner Decided to consider the review of the Claims submitted outside its jurisdiction, leaving AIS Denunciation against the Council of Ministers and the Municipality of Durrës for Misuse of Public Funds in the Election Campaign of April 25 without a thorough investigation.

AIS , as the author of the Denunciation, demanded asked the Complaint and Sanctions Commission to Repeal Decision no. 457, dated 01.10.2021 of the State Commissioner for Elections, and Return the case for review to the Commissioner. Also Pursuant to Article 137 and/or Article 138 of the Code of Administrative Procedures, amendment of the decision no. 457, dated 01.10.2021 of the State Commissioner for Elections and conduct of the additional administrative investigation into the denunciation of AIS by the Complaints and Sanctions Commission and introduction of legal measures upon its conclusion.

The hearing in the CSC was held on 8 November. The Complaints and Sanctions Commission (CSC) accepted our Request for changes to be made to the Decision of the State Commissioner regarding its lack of competence, but rejected the allegations of irregularities in the acts of the Council of Ministers and the Municipality of Durrës, i.e. the acts that made it possible to pay Individual grants a few hours before the Voting day. The text of the CSC Notice is as follows

The Complaints and Sanctions Commission reviewed today (November 8th) appeal no. 74, challenging decision no. 457, dated 01.10.2021, of the State Election Commissioner, a complaint by the organization Albanian Institute of Sciences (AIS).
The Albanian Institute of Sciences has challenged the acts of the Council of Ministers and those of the municipality of Durrës regarding the funds they have allocated to the subjects affected by the earthquake. The State Election Commissioner had claimed lack of competence over this complaint.
Having heard the appellant and having reviewed the documentation, the CSC found that its review is the competence of the CEC bodies, so by a majority of votes, it decided to accept the request to amend decision no. 457, dated 01.10.2021 of the State Election Commissioner, whereby the latter had declared itself not competent for reviewing the complainant’s claim.
At the end of the administrative investigation, the CSC concluded that the acts challenged by the Albanian Institute of Sciences do not constitute a violation of decision no. 9 dated 24.12.2020 of the Regulatory Commission (reformer), because such decisions do not propose, approve, or allocate any new funds, but simply set executive procedures, so by a majority vote it decided to reject the request for an administrative sanction to be imposed for violation of decision no. 9, dated 24.12.2020 of the CEC Regulatory Commission.

This Decision can be challenged in the Administrative Court within 30 days from its Disclosure on the CEC Website.

[1] Article 169 of the Electoral Code provides that: “Refusal to cooperate with the CEC or to provide information provided by this Code to the CEC, by officials of local or central government bodies, is punishable by a fine of 10 thousand to 50 thousand ALL.

Trajnim: Forcim i Aktivizmit Civil me fokus Shpërndarjen e Parasë Publike, Kavajë 29-30.10.2021

Organizata AIS / Open Data Albania në kuadër të zbatimit të projektit me titull Monitorim Qytetar dhe Transparencë mbi Kontraktor të Bashkive për Shërbime dhe Investime Publike I mbështetur nga  Lëviz Albania,një projekt i Agjencisë Zvicerane për Zhvillim dhe Bashkëpunim SDC, mbajti në datat 29-30 Tetor për Bashkinë Kavajë një trajnim për Rritje Kapacitetesh dhe Fuqizim të aktorëve civil Aktivist në Antikorrupsion.

 

Trajnim: Forcim i Aktivizmit Civil me fokus Shpërndarjen e Parasë Publike, Tiranë dhe Vorë 22-23.10.2021

Organizata AIS / Open Data Albania në kuadër të zbatimit të projektit me titull Monitorim Qytetar dhe Transparencë mbi Kontraktor të Bashkive për Shërbime dhe Investime Publike I mbështetur nga  Lëviz Albania,një projekt i Agjencisë Zvicerane për Zhvillim dhe Bashkëpunim SDC, mbajti në datat 22-23 Tetor për Bashkinë Tiranë dhe Vorë një trajnim për Rritje Kapacitetesh dhe Fuqizim të aktorëve civil Aktivist në Antikorrupsion.

[Week 18.10.2021- 24.10.2021] Covid – 19 Situation with Vaccinations, Infections, and Mortality

Please find below an update on Albania’s situation with Covid-19, for the week 18.10.2021- 24.10.2021, which AIS / Open Data Albania is providing. Find Data and Charts on Covid-19 updated on a daily basis at https://open.data.al/covid-19/

As per the last public statement, the number of Vaccinated in the country is:

–           Complete vaccination with 2 doses 871 496 Persons

–           Vaccination with the First Dose 994 446 Persons

–           In Percentage, it results that 30.79 % of the Population is Fully Vaccinated.

–           In Percentage, it results that 36.89 % of the Population above 15 years is Fully Vaccinated.

The Albanian state has so far applied Vaccination with AstraZeneca; Pfizer BioNTech; Sinovac CoronaVac; Gamaleya – Sputnik V. (Linked all documents of our Government for Vaccine Administration https://openprocurement.al/en/htender/covid/title/KONTRAKTIME%20VAKSINIM%20COV-2?   )

Indicators as of October 24th, 2021, Infections, Hospitalizations and Fatalities:

–           New Cases for 18th – 24th October  3 725

–           People Testes 18th – 24th October  23 955

–           Number of Fatalities for last week, 18th – 24th October – 54 (Increase from same week 18th – 24th October of prior year.)

–           Number of active cases on 24th October 2021 – 7 032

–           Hospitalization 24th October 2021 – 164 (Reduction from same day 24th October of prior year.)

–           Total Number of Fatalities 2 874

–           Total Number of Infected People 181 696

–           Number of recovered patients (18th – 24th October) 2 907

–           Infected Number / Tested Number for 18th – 24th October – 15.5%  (Increase from prior week)

–           Fatalities/Infected Ratio for 18th – 24th October – 1.45% (Reduction as prior week)

–           Hospitalized /Active cases as per 24th October 2021 – 2.33% (Reduction from prior week)

–           Total Population of Albania 2 829 741.

–           Population above 15 years 2 362 375.

The same week, 18th – 24th October, last year (18th – 24th October, 2020) there were: 23 deaths, comparing to that for the same week we have 31 more deaths in 2021. (This year we have an increase from same week prior year)

A total of 973 new cases and 5886 tests for (18th – 24th October, 2020). (This year we have an increase from same week prior year)

Active on the 24th October were 5312 people (18th – 24th October, 2020). (This year we have an increase from same week prior year)

186 people were hospitalized on the 24th October 2020.  (This year we have a reduction from same day prior year)

Fatalities/Infected Ratio for 18th – 24th October 2020= 24/1114*100=2.36% (This year we have a reduction from same week prior year)

We see that there is generally an ascending trend from last year.

In the portal created by AIS https://open.data.al/covid-19/ the data for Covid -19 are being updated daily. You will receive a weekly update on Covid 19, Vaccinations, Infections, Hospitalizations, and Fatalities in the coming weeks.

AIS databases, #Information, #Transparency, and #Accountability

–           Open Procurement Albania all Covid-19 Contracting https://openprocurement.al/sq/htender/covid

–           Open Data Albania #FollowTheMoney https://ndiqparate.al/en/10789-2/

–           Open Spending Albania https://spending.data.al/en

–           Open Corporates Albania https://opencorporates.al/

StaySafe!!!

 

Apply to become part of the Open Data Fellowship Youth Network

AIS is working to create a Network with Young People who have the skills and vocation to promote and influence public debate by enriching it with arguments and facts. This idea is implemented by the promotional team of Open Data Albania and it is intended to train researchers, activists, or journalists in their first steps of the profession, or during university studies, so that they may articulate themselves publicly on issues related to governance and corruption.

The process requires a commitment to:

  • one or two meetings per month,
  • independent work,
  • work under the care of an expert or data analyst,
  • stimulated debate among young people themselves;
  • preparation of research articles for publication on the website FollowtheMonye.al by junior authors.

The final goal of the process is to strengthen the capacities and knowledge of an elite youth group that has the vocation, talent, and willingness to engage in public articulation.  The process will be finalized with the publication of research articles on the Open Data Albania/FollowtheMoney portal by young people themselves giving them the opportunity to share with the public facts, analysis, and presentations.

Register Here

We welcome young people up to 25, students or newly graduated, to apply. What is required is candidates who are willing to empower themselves through data, information, and knowledge. Young people should be willing to improve their articulation skills and ability to engage in argument-based discussions.

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