“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

 

 

We work on Civic Education – Youth Empowerment in Anticorruption

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Empowering young people against corruption – this is the goal for which we created a group of young people, part of the OpenDataYouthNetwork, a year ago. In October, this team was trained on several important topics in anti-corruption analysis. Civic education and strengthening FactChecking Models on accountability are two important aspects of the organization’s activities and projects.  
  The work with young people and the expansion of the Network will continue with other events such as trainings, forums, individual sessions, publications by young people themselves on the web – FollowTheMoney blog. This network is the product of our work in implementing the Open Data Access and Transparency over sectors exposed to Risk of Corruption Project, supported by the Swedish International Development Cooperation Agency (Sida).

StartUp Datathon Albania, Data Marathon by AIS, promoter of Open Data

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AIS returns to its tradition of Datathon and Hackathon Albania. This November we started working with a group of young people for the DataThon that will be held in January 2023. DataThon comes from the words Data and Marathon. They are events where people meet to work together on an idea and to collect, analyze, visualize and communicate findings related to data.

AIS has previously held DataThon and HackaThon in Tirana. This time DataThon is an event that will engage young members from the OpenDataFellowship Network. This Youth Network was created to increase the capacities and skills of young people in anti-corruption issues. The issue to be addressed this time is the finance of political parties, their volume, structure, and visualized forms of research. For more information on DataThon Albania 2023, a publication will be prepared on AIS website.

Treasury transactions, 10 years of open data for each expenditure, 1900 budgetary institutions

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How does the Government Spend the Taxpayers’ Money? Our well-structured Treasury Transactions database enables the monitoring of all payments that state institutions make to third parties. Currently, we have data on each payment made in 10 years. The data is obtained through the access to information from the Treasury Department. They are placed in a system where anyone can easily find, use and reuse them in real time.

The system also offers a search engine through filters, where transactions are divided by institution, beneficiaries, value, expenditure category, payment date or invoice number. This database discloses to the public information about how taxpayers’ money is spent; where the funds are allocated; who benefits and how much is paid for certain projects and programs.

Open Data and Gender Reports, Social-economic Data on Gender Balance

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The Open Data Albania portal continuously publishes data related to Gender Balance Statistics in the country. Articles are listed under the Gender Relations topic. The latest data published are related to the gender balance in sectors and fields such as Demography, Education, Public Representation and Penal Policy by gender groups.

The data assist in identifying ratios and development of gender groups, revealing also economic and social imbalances. The gender pay gap in different employment sectors, as well as the data on Penal Policy and Sentences imposed by courts on women compared to the total number of sentences imposed for crimes in the country – are two indicators carefully presented during November.

Request for cooperation. The need for monitoring the Misuse of Public Funds in the 2023 Electoral Campaign

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On the eve of the May 14, 2023 Local Elections, our organization, Albania Institute of Science (AIS), would like to share some concerns about the risks that could prevent the conduction of fair and free election process.

Through our monitoring of public expenditure and fund data during electoral processes, the organization has identified cases of misuse of public funds for political party purposes. The upcoming electoral processes have the potential to be exposed to the same risk.

AIS, as a non-governmental organization has worked tirelessly to promote a civic movement that demands Accountability, promotion of Rule of Law and protection of Human Rights.

It was on these premises that during the last parliamentary the organization decided to take upon itself the monitoring of public expenditure and fund allocation, during the months preceding the elections.

Through our data monitoring, we were able to trace potential case of misuse of public funds to influence votes, which amounted to triple times more than the official fund allocated to the parties for election campaigns.

Furthermore, AIS recognized that it is vital to ensure real time media attention to the case, with the hope of generating publicity on the case to stop the abuse with public funds that could potentially compromise fair and free elections.

 

Based on our experience, we are of the opinion that the parties and electoral management institutions involved in the process, like the Commissioner, the Commission for Appeals and Sanctions (CAS), and even the Reformer do not have any consolidated previous work practices, or any concrete results of interventions in such cases through investigation, suspension of such activity, or records of any administrative sanctions.

 

AIS believes that because of its established experience in open data, especially data related to public expenditure, it is more adequate to conduct such monitoring and litigation.

Being willing to contribute by monitoring, identifying, or litigating for a regular electoral process, education and awareness for systemic change, the organization has prepared a Project Concept for Intervention.

This project concept is addressed to the Members of the Working Group for Elections in Albania and Potential Donors, seeking cooperation in the process of raising funds for the implementation of this useful Project for the 2023 Electoral Process.

The specific scope of this project is monitoring the Public Spending and Litigation for each case of Misused Public Funds during the next electoral process.

The Scope of Intervention is related with fields like Rule of Law; Free and Fair Election; Electoral Reform; Media Capacity Development; Civil Society Activism.

With the Project Concept Note attached, please consider this email as a request for cooperation in the process of raising funds for the implementation of its activities.

Looking forward to your cooperation, we are open to any questions, comments, reviews, and further communications.

 

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.

The German Newspaper Die Welt writes for Albania: Corruption, justice and issues with press freedom – is Albania ready for the EU?

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Albania towards the EU integration, Albanian government, AIS founder, Aranita Brahaj, talks about corruption and justice

The serious German newspaper Die Welt published this September an article entitled: Corruption, justice and issues with press freedom – is Albania ready for the EU? The article carefully analyses some geopolitical aspects and challenges of Albania’s negotiation process in its path towards the EU. The journalist Mandoline Rutkowski visited also our office in Tirana, using our findings on issues such as Corruption, Rule of Law, and the Justice Reform as part of the facts and issues listed in the article. Aranita Brahaj, Director and Founder of AIS, stated that “The country is run by a Prime Minister and a Government, which no one controls. There is no Judicial, Constitutional, or Parliamentary oversight. In the meantime, while the Vetting process in the Justice system was characterized by good intentions, it was poorly planned and executed, leaving the country without a judiciary and judicial control for years.

You can read the full article below:

From Mandoline Rutkowski, Die Welt

The heads of the governments of Albania and North Macedonia shook hands with Ursula von der Leyen, squeezing her hand tightly as if they were afraid that the President of the European Commission could change her mind half way. And in doing so, she could also give up on a promise that the European Union had previously made to statesmen Edi Rama and Dimitar Kovacevski.

This is what was seen on TV on July 19th. It is the day the negotiations the two countries’ EU membership started officially. With this announcement, the two countries are now officially at the forefront of the Western Balkan countries in the EU enlargement process.

Pictures of unity were quite timely for Brussels, as the war in Ukraine at Europe’s doorstep has given the Western Alliance a moment of rebirth. There is consensus that the West must come closer to confront the Russian aggressor, Vladimir Putin. The latter is the very same reason that Ukraine and Moldova were given the candidate status for EU membership in June.

The Western Balkans is also strategically important for the EU, as it forms the land bridge between NATO’s south-eastern side and Central Europe. However, it is becoming clear that, regardless of the current moment, there are still a number of challenges standing in the way of EU enlargement in the Western Balkans. This is obvious in Albania.

Albania celebrated a historic moment after almost three decades. In 2003, Tirana submitted its application for membership. In the days after the announcement, a huge EU flag decorated the government building in Tirana’s ‘Skënderbej’ square.

Affinity with the EU is very high in the country of 2.8 million inhabitants. According to the Public Barometer for the Balkans, 89% of the Albanian people assess the EU membership as positive. Conversing with the locals, the proximity to the EU is apparent. European shops cover the city landscape in Tirana, and the euro is, at least unofficially, the second national currency.

Keeping distance from China

Tirana’s relationship with the EU is close. For years, the country, which was freed from communism in 1991 and dedicated to Western and democratic values, has tried to align itself with Brussels on foreign policy.

In the war in Ukraine, Tirana unconditionally supported EU sanctions against Russia. In contrast to other countries of the Western Balkans, Tirana is holding back on investments from China, with which Beijing seeks to strengthen its influence in the region.

In recent years, a reform in the justice system and the introduction of the so-called Special Structure against Corruption (SPAK), as a special independent prosecutor, has advanced its efforts in the fight against organized crime and drug trafficking.

“We have made extraordinary progress in the field of the rule of law and in the fight against corruption,” said Christiane Hohmann, the ambassador of the EU delegation in Albania. She welcomes us to her office with a panoramic view of the capital for an interview. “But our work is far from over; there is still huge work ahead.”

In fact, corruption is a deep wound in Albania, which is very difficult to heal. The country ranks 110th out of 180 in Transparency International’s Corruption Perceptions Index. Aranita Brahaj, the Head of the AIS/Open Data Albania, knows how serious the problem is.

“Corruption is an extraordinary problem in Albania” – says the data analysis expert, whose work focuses on transparency, accountability and anti-corruption. “It is not only present in the high ranks, but also in the daily life of every citizen, be it with being seen by a doctor or choosing your kid’s primary school”.

Albania is not able to exercise judicial, constitutional and parliamentary control over the government, says Brahaj. So, de facto, Prime Minister Rama can freely do anything he wants.

The list of scandals surrounding Rama confirms this statement. The head of the Socialist Party, who once campaigned for the fight against corruption, is accused of ties to the mafia.

Scandals are also multiplying in his orbit of power. Recently, SP politician Alqi Bllako was arrested at the end of April, after he was suspected of being involved in a corruption scandal involving 430 million Euros. The opposition accuses Rama of being the head of criminal activities.

Meanwhile, the government has made efforts to control corruption in the country. In 2016, encouraged by the EU, it adopted a judicial reform that included an intensive reassessment of all judges and prosecutors in terms of professional competence, wealth, and integrity.

Based on the data from the “2021 Report on Albania” of the EU Commission, 62% of the reassessment procedures have ended with resignation or dismissal. The reform was welcomed in Brussels and EU ambassador Hohmann also referred to the vetting procedure as a “successful measure”, which has never been seen before in the region.

But corruption expert Brahaj disagrees. The vetting processes were ‘well-intentioned, but poorly planned’. The Supreme Court and the Constitutional Court were not fully staffed for years and were de facto unable to function. A flawed judiciary has allowed the government to pass ‘corrupt laws’.

Way behind when it comes to freedom of press

An area that Brussels is scrutinizing closely for the progress of the EU membership process, and which worries the EU ambassador, Hohmann, is the freedom of the press in the country: “The understanding that the press is a corrective agent needs to be developed in Albania”. The country is ranked 103rd out of 180 countries by Reporters Without Borders.

The broadcast media is largely in the hands of a few wealthy entrepreneurs with political connections. Prime Minister Rama caused a stir recently after he threatened journalists with ‘re-education’ after critical questions and excluded them from press conferences. “We expect all politicians to treat journalists with respect,” says Hohmann.

The candidate country still has a long way to go before Albania joins the European alliance. For Sokol Dedja, the Head of Political Affairs in the Ministry of Foreign Affairs, efforts are needed not only from Tirana. “In view of the war in Europe and the granting of candidate status to Ukraine and Moldova, the EU must now show more credibility than the promises made to the candidate countries, to show that EU enlargement is a serious process.”

In other words, the EU must prove to Russia that the unity of European countries goes beyond terminology, even as a sign of restraint. According to him, the countries of the Western Balkans have made it their priority joining the alliance because they are “more advanced in preparation”. On the other hand, EU ambassador Hohmann emphasizes that the war in Ukraine will not result in the automatic enlargement of the EU. “Each country will continue to be considered individually. The geostrategic argument should not hide the fact that the countries must of course also meet their respective requirements to enter the EU”. According to Hohmann, Tirana must now prove that the trust of the member countries is justified. “Albania is now facing a marathon”.

Download the full article HERE

OpenData Youth Fellowship Retreat October 22nd and 23rd, 2022

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The organization AIS / Open Data Albania has been working with a group of students and young professionals for a year, creating a Fellowship program for empowering young people in Anti-corruption matters. This includes events held during the year such as work sessions; discussion forums; internships with the organization’s team; training and other networking events. On the weekend of October 22nd and 23rd, members of the youth team traveled to several districts of the country on a Retreat. The event contains   – Happy Hours and Networking – Presentation of the Organization’s Work Strategy Youth Objectives – StartUp DataThon Albania  

  • The itinerary was organized with the cooperation of Fation Plaku Photography, author of Homeland Albania.

  The young participants areas of significance for nature; culture, tradition and urban development of the country, such as: – Nivica, the view over the Canyon – Peshtura waterfall – Labova, the beautiful area of Lunxhëria with religious and cultural monuments dating back to the 5th century. – accommodation at Bujtina Maria, a model of agritourism and tourism business initiative, where we presented AIS new Work Strategy, with a focus on civic education and young people. – Archaeological Park #Antigone. – Peshtan, visit to the Italian-Greek war museum, During the event, the Work Program was also finalized for the next event of the Network, which is DataThon Albania Financing of Political Parties, an event that will be held in December 2022.

Video Realizuar me Dron nga Fation Plaku Tetor 2022 Kanion Nivice
Video Realizuar me Dron nga Fation Plaku Tetor 2022 Parku Arkeologjik Antigone
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Working with young people and empowering them against corruption is part of the implementation of the Open Data, Access and Transparency over sectors exposed to Risk of Corruption Project. The project is supported by the Swedish International Development Cooperation Agency, Sida. One of the components of the project is Youth Empowerment against Corruption – Citizen Education, Improve Fact-Checking Models.

Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32”

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The Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32” was drafted by the Albanian Institute of Science AIS / Open Data Albania, during the implementation of C1 – EU – NPA

Project “Improving the Debate on Policies and Accountability to Fulfill Basic Rights”, through the creation of the Cluster 1 Albania Negotiation Platform.

This project is being implemented by four Albanian organizations: the Center for the Study of Democracy and Governance CSDG, the Institute for Political Studies ISP, the Albanian Helsinki Committee AHC and the Albanian Institute of Science AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

See the event agenda HERE

You will find enclosed below the following items:

  • Policy Paper “Financial control and the process of opening European Integration negotiations for Chapter 32” (PDF link)
  • Summary and conclusions Financial control and the process of opening European Integration negotiations for Chapter 32 (PDF link)
  • ANNEX 1 – Summary of the progress done by Albania based on NPIE 2021 – 2023_Chapter 32 (PDF link)
  • ANNEX 2 – Existing legal framework for Financial Control (PDF link)
  • ANNEX 3 – Progress Report for Albania – Yearly assessment by EC (PDF link)
  • ANNEX 4 – EC Assessments, Opinions and Recommendations for Chapter 32 (PDF link)
  • ANNEX 5 – Objectives & priorities defined in the NPEI 2021-2023 Chapter 32 (PDF link)
  • ANNEX 6 – Objectives and priorities defined in PIFC 2021-2023 Chapter 32 (PDF link)
  • ANNEX 7 – The role of Albanian Institutions in the National Plan for European Integration (PDF link)
  • ANNEX 8 – EC Progress Report – Juxtaposition with countries in the region (PDF link)

Findings, Opinions or Recommendations expressed in this event represent the viewpoints of the experts and the AIS organization and do not coincide with the responsibility of the partners or supporters of the C1-EU-NPA Project.

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

 

Mrs.Aranita Brahaj, director of AIS/ Open Data Albania

Prof. Lindita Lati Milo

Mr. Eduart Shalsi, Chairperson, Parliamentary Committee Economy and Finance and Mr. Arbi Agalliu member of Parliamentary Committee for Economy and Finance

Mr. Eduart Gjokutaj, ALTAX

Mr.Fran Brahimaj, Local Finance Director, at MoFE

Mrs. Oriada Tare

Mrs. Anila Cili

Mrs. Albana Gjinopulli