The latest progress report of the European Commission for Albania estimates that there is good progress in the adoption of a new Law on Procurement, according to EU Standards. But in the meantime, the Albanian Government avoids and bypasses this Law by using Special Laws for contracting. Typical cases include contracts for post-earthquake Reconstruction, Medium Term Program of the State Budget, planning around 100 billion Albanian Lekë. Contracting is being done by circumventing the Sector Legislation, according to the Normative Act Law 97/2019. Such act, which has the power of law, violates the constitutional right to Economic Freedom and creates ground for clientelism and favoritism. The Constitutional Court was asked by a Lawsuit to repeal Law 97/2019. The lawsuit was filed on September 18, 2021, and there is still no date for reviewing a Law of the Albanian Government with serious financial consequences. So far, the Reconstruction contracts have been made by the Executive and the Main Municipalities. The lawsuit provides arguments as to what negative effects the application of the Special Law has on the Legislation Drafted according to EU Standards.

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).

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.

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.

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.”