TRANSPARENCY, ACCOUNTABILITY AND CIVIC ENGAGEMENT
AIS Newsletter November 2021
Misuse of Public Money in Elections: Legislation and Institutions Do Not Guarantee the Process Reconstruction estimated of ALL 100 billion is being tendered by Clientelist Procedures: The Constitutional Court Delays with the Review of Complaint and Claims on Law Abrogation AIS partner in the C1-EU-NPA Project on Fulfilling the Negotiating Chapters (Cluster 1), and Establishing the EU-Albania Negotiation Platform
Misuse of Public Money in Elections: Legislation and Institutions Do Not Guarantee the Process
The risk of public money misuse in elections is high. Administrative Investigation Institutions rejected the AIS denunciationon the misuse of the Post-Earthquake Reconstruction Program during the April 25th Elections. They did not provide solutions for the violations found in the zone where Prime Minister Rama won as an MP. According to AIS, the Council of Ministers Decision dated 25 March and Durrës Municipal Council Decisions of 12-24 April violated the Electoral Law, by transferring and executed Euro 6.1 Million of non-emergency grants with individual beneficiaries, with a value of 1-5 thousand USD, in Durrës. The Elections Commissioner declared himself incompetent and rejected the lawsuit. The CSC, after AIS Appeal, accepted the investigation, but ended it with only one hearing without listening to any expert or challenge parties. Based on the positions of the CSC and those of the Elections Commissioner, the organization rings the alarm bell that the Reconstruction Fund, a Medium-Term Budget program of 3-5 years, can be used in the coming elections to compromise voters by awarding individual grants a few hours before voting.
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Reconstruction estimated of ALL 100 billion is being tendered by Clientelist Procedures: The Constitutional Court Delays with the Review of Complaint and Claims on Law Abrogation
The latest Progress Report of the European Commission for Albania estimates that there is good progress concerning the new law adoption on procurement, according to EU Standards. Nevertheless, the Albanian Government eschews and sidestep this Law by using special laws on contracting. Typical cases include the contracts of post-earthquake Reconstruction, Medium Term Program of the State Budget, planned around Albanian Lekë 100 billion. Contracting is being done by circumventing the Sector Legislation, according to the Normative Act Law 97/2019. Such act, which has the power of a law, violates the constitutional right of 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 this 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 about the negative effects the application of the Special Law has on the Legislation drafted according to EU Standards.
AIS partner in the C1-EU-NPA Project on Fulfilling the Negotiating Chapters (Cluster 1), and Establishing the EU-Albania Negotiation Platform
C1-EU-NPA, Improving Policy Debate and Accountability in Fulfilling the First Group of Negotiating Chapters (Cluster 1) through the Establishment of an EU-Albania Negotiation Platform. This is AIS' newest Project in partnership with CSDG ; ISP and the Albanian Helsinki Committee organizations. The partners aim to Support Albania's EU accession negotiation process regarding the First Group of Negotiating Chapters (Cluster 1), by improving policy debate, strengthening accountability and the role of CSOs in the process. AIS will engage focusing on the Chapter about Public Procurement, Financial Control and Statistics. The Financial Supporter of the C1-EU-NPA project is the Embassy of the Kingdom of the Netherlands in Tirana
Albanian Institute of Science
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