Dear Friends,
On February 8, 2024, the Parliament will vote on a Project Law on Amendments to the Public Procurement Law No. 162/2020 during a plenary session.
Being familiar with the project of the law, currently under review in the Parliamentary Committees this week, AIS expresses strong concern regarding two aspects of the project legislation:
Please find attached the letter from the AIS Organization addressed to the Parliament (and respective committees).
Opposure. Draft Law on Amendments to the Public Procurement Law
- Article 48, point 2, makes the law highly susceptible to corruption and introduces the potential for contracts with a risk of abuse. Consequently, this article contradicts the Stabilization Association Agreement, specifically Article 74.
- The Project Law, initiated by the Albanian Government, envisions interventions for an Integrated Electronic System for Public Procurement. However, the accompanying Explanatory Report to the Project Law has not anticipated the financial costs of the intervention. The Parliament cannot approve a law without accurate financial forecasts from the Government (Ministry of Finance).
Therefore, AIS has submitted a written request to the Parliament, urging the removal of Article 48, point 2, from the Project Law. According to our analysis for corruption-proofing of legislation, this article poses a high risk.
Content of Article 48, Transitional Provisions, point 2: Within a period of 3 years from the entry into force of this law, the Council of Ministers may authorize state/public administration institutions at the central level to negotiate and conclude international consultancy agreements within the scope of their competence, pertaining to areas of strategic interest, including the application of artificial intelligence, cyber security, critical infrastructure, and the fight against organized crime and corruption.
Additionally, this Project Law should not proceed to the Plenary Session on February 8 without being accompanied by a detailed Explanatory Report from the Ministry of Finance regarding financial costs. Furthermore, a thorough examination of the issues conflicting with the SAA should be conducted in advance.
It is recommended to the Parliament that, prior the Final Review during the Session, it initiates and seeks a Consultative Meeting with organizations serving as Business Associations, as well as those engaged in the areas of the Rule of Law, European Integration, and Transparency.
The AIS organization, known as Open Data Albania, has previously participated in the Public Consultation process of the Albanian Government for this Project Law (June-September 2023). LINK
Best regards,
Aranita BRAHAJ
Director of AIS / Open Data Albania
Voice of America Diary, in Albanian: Analysis by AIS/Open Data Albania: 5 Families and 27 Individuals own most of the broadcasting medias in Albania
/in Media Coverage @en /by adminTitle: Analysis by AIS/Open Data Albania: 5 Families and 27 Individuals own most of the broadcasting medias in Albania
Published: 4 July 2023
TopChannel News: “AI” Procurement. Reservations on the new Law passed by the Parliament. One of the Law’s articles leaves the door open to abuse
/in Media Coverage @en /by adminTitle: AI Procurement. Reservations on the new Law passed by the Parliament. One of the Law’s articles leaves the door open to abuse
Published: 11th February 2024
SCAN TV News Program: Tenders are being Procured via Special Laws, AIS Director: High Risk Tendering and Contractors with Unknown Final Owners
/in Media Coverage @en /by adminSCAN TV News Program: The Government’s decision on the creation of the Central Purchasing Agency, AIS: Incompatible with the Law
/in Media Coverage @en /by adminMCN Television, FactChecking program: 40 percent of concession contracts in Albania connected to offshore companies
/in Media Coverage @en /by adminThe Council of Ministers assumes the authority of the Legislative. Normative Act No. 1 Amendments to the 2024 Budget Law violates Article 7 of the Constitution, the Principle of Separation of Powers
/in Press Releases /by adminDear Colleagues and Partners,
The organization AIS, also known as Open Data Albania, expresses concern regarding the Council of Ministers’ revisions of the 2024 State Budget through a Normative Act with the Force of Law. This action is considered a violation of the principle of separation and balancing of powers outlined in Article 7 of the Constitution.
On February 21, 2024, the Council of Ministers approved the Normative Act no. 1/2024, entitled “For some Changes in Law no. 97/2023 for the Budget of 2024”.
Normative Acts become effective immediately upon approval and are subsequently confirmed by the Parliament ex-post without undergoing parliamentary debate and review. This process is characterized by a lack of transparency, accountability, and parliamentary oversight.
Through such actions, the Council of Ministers (the Executive branch), assumes attributes typically reserved to the Parliament, thereby encroaching upon the domain of the legislative power.
The AIS organization considers the Budget Law as a significant document that mirrors the economic and social progress of the country.
Likewise, the Law that approves Public Investment Plans and allocates financial resources to national projects under financing holds similar importance.
More specifically, in Normative Act no. 1/2024, the source of financing for a significant public investment, such as the New Commercial Port Porto Romano Durrës, has been altered. Through the Normative Act, the Council of Ministers reclassified this project, part of Corridor VIII (Pan European corridor), from Foreign financing to a project with Domestic financing.
The organization contends that in this case there is no apparent emergency for the delegation of legislative power to the Executive. Decisions regarding significant public projects, particularly those integrated into European corridors and their financing, should undergo through scrutiny and decision-making within Parliament. This includes considering the potential for Foreign Financing through aid instruments and cooperation with European and international organizations.
AIS has expressed its concern regarding this Normative Act, wherein the Executive assumes attributes of the Legislative. AIS has directed this concern to the Assembly, urging it not to grant consent and to repeal the Normative Act during the parliamentary session scheduled for March 21, 2024.The attachment to this email is the correspondence from AIS addressed to the Parliament. Opinion on Normative Act with the authority of Law
Accordingly, the AIS Organization, also known as Open Data Albania, expresses concern and urges the Parliament to withhold consent for Normative Act no. 1/2024, and exercise its competencies in overseeing the budget and public finances through proper legislative process. Likewise, we stand prepared to present and argue our stance at a hearing in the relevant committees.
AIS’ concerns about the Project Law on Amendments to the Public Procurement Law, noting inconsistencies with the SAA and potential risk of corruption.
/in Homeposts, Press Releases /by adminDear Friends,
On February 8, 2024, the Parliament will vote on a Project Law on Amendments to the Public Procurement Law No. 162/2020 during a plenary session.
Being familiar with the project of the law, currently under review in the Parliamentary Committees this week, AIS expresses strong concern regarding two aspects of the project legislation:
Please find attached the letter from the AIS Organization addressed to the Parliament (and respective committees).
Opposure. Draft Law on Amendments to the Public Procurement Law
Therefore, AIS has submitted a written request to the Parliament, urging the removal of Article 48, point 2, from the Project Law. According to our analysis for corruption-proofing of legislation, this article poses a high risk.
Content of Article 48, Transitional Provisions, point 2: Within a period of 3 years from the entry into force of this law, the Council of Ministers may authorize state/public administration institutions at the central level to negotiate and conclude international consultancy agreements within the scope of their competence, pertaining to areas of strategic interest, including the application of artificial intelligence, cyber security, critical infrastructure, and the fight against organized crime and corruption.
Additionally, this Project Law should not proceed to the Plenary Session on February 8 without being accompanied by a detailed Explanatory Report from the Ministry of Finance regarding financial costs. Furthermore, a thorough examination of the issues conflicting with the SAA should be conducted in advance.
It is recommended to the Parliament that, prior the Final Review during the Session, it initiates and seeks a Consultative Meeting with organizations serving as Business Associations, as well as those engaged in the areas of the Rule of Law, European Integration, and Transparency.
The AIS organization, known as Open Data Albania, has previously participated in the Public Consultation process of the Albanian Government for this Project Law (June-September 2023). LINK
Best regards,
Aranita BRAHAJ
Director of AIS / Open Data Albania
Event: Oversight of Public Finances. On the Role of Parliament, Institutions and Civil Society
/in Events, Press Releases /by adminOrganizer: AIS, promotor of Open Data Albania
Project and Partnership: Increasing Parliament’s Responsiveness to Citizens’ Concerns, Project supported by the British Embassy in Tirana and implemented by a consortium led by IDM, in partnership with Citizens Channel and AIS
Opening and Welcoming Speech
Panel no. 1
Parliamentary Oversight of Public Finances and the Supreme State Audit Institution
Positions over the PP’s Findings and Recommendations
Mr. Eduard Shalsi
Chairman of the Committee for Economy and Finance
Panel no. 2
Parliament and its Role in the Oversight of the Fiscal Policy. State Budget Drafting, Supervision and Reporting Processes
Positions over the Report’s Findings and Recommendations
The document part of the activities of the AIS organization for the Oversight of Public Finances – The Role of Parliament, Institutions and Civil Society LINK
Objective: In this event, through the presentation of the Policy Papers and Report, we aim to bring to attention findings and recommendations on aspects related to the role of the Parliament, its cooperation with institutions or other civil actors to ensure better processes for drafting, consultation and monitoring of the State Budget and Public Finances.
Likewise, during the discussions, we would like to create space for debate and exchange of arguments between high-level representatives from the Parliament, Constitutional Institutions, Ministry of Finance, Civil Society, and the Media.
Venue: Hotel Tirana Marriott, Bylis Hall, 3rd Floor
Day: January 31, 2024
January 2024. The document part of the activities of the AIS organization for the Oversight of Public Finances – The Role of Parliament, Institutions and Civil Society
/in Publications /by adminThose documents are produced by the Albanian Institute of Sciences (AIS) and Expert Author within the Project ” Increasing Parliament’s Responsiveness to Citizens’ Concerns”, a project financed by the British Embassy in Tirana and implemented by a consortium of IDM in partnership with Citizens Channel and AIS. The document is part of the activities of the AIS organization for the Oversight of Public Finances – The Role of Parliament, Institutions and Civil Society.
Through the presentation of Policy Documents, our aim is to present findings and recommendations on aspects related to strengthening the role of the Parliament, its cooperation with institutions or other civil actors in improving processes of drafting, consultation and monitoring of the Budget State and Public Finance.
The findings, conclusions and recommendations are solely those of the authors and do not necessarily reflect the views of the Donor and Partners.
More about the Event LINK
Supporting Public Procurement Best Practice and Instil a Watchdog Culture, Open Contracting in Albania
/in Events, Homeposts, Press Releases /by adminThe Public Procurement sector represents risk number “One” for government corruption, with 30% of public expenditures allocated through tenders. AIS plays a crucial role in advancing Open Tendering Standards and strengthening the Watchdog model. The Open Procurement Database serves as a transparency and accountability instrument in tendering process. Passports containing information on all tendering phases are accessible for the Local Governments LGU, Health sector, Albanian Road Authority ARRSH, Albanian Development Fund and Public Companies. Simultaneously, a risk assessment algorithm and RedFlag marking scan and publish in real-time tenders with problematic competition and bids. Similarly, data on contract concentration in a few businesses or the application of the Limited Procedure in over 25% of annual public tender values are readily available in published articles. AIS has litigated in court against Special Legislation for emergencies in cases of Natural Disasters beyond the deadlines of the State of Emergency. AIS is recently participating in Public Consultation for Legal Changes aimed at sector digitization. Initiated by the Albanian Government in June 2023, the initial draft potentially addressed the necessity for interventions and the assurance of equality and transparency principles. AIS will persist in its participation in the Consultation, now in the parliamentary process of the Law. The ongoing objectives include supporting Best Practices, strengthening the Watchdog Culture in tendering, and promoting Open Contracting Partnership standards and principles.