Phases of the Court process of AIS vs Political Parties for transparency on electoral financies

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In the framework of its efforts to promote electoral transparency, AIS has appealed at the Administrative Court of Appeal against the decision of the Court of Tirana to dismiss the organization’s request towards the main political parties PD, PS and LSI (two of them in power) to make available their information on campaign spending and donations. Considering this issue the first court case where an entity / organization submitted a claim against the three main political parties

The Constitution of Albania, which brings one of the best models of access to information on election finances with no restriction, discrimination, bureaucratic procedures and institutional intermediaries.

AIS will continue to advocate the judicial position that political parties are subjects to the Public Law, and obliged, based on the Constitution to provide information to the citizens, media and other civil actors. Also, transparency over campaign spending and donations is an essential aspect of free and fair election.

Chronological steps of the process

  1. Official request sent to the three main parties on 09.06.2015
  2. Request based on the Law on right of information and the Constitution
  3. The three parties didn’t replied to the official request of AIS
  4. AIS addressed the issue to the Commissioner for the Right of Information (Mr. Besnik Dervishi), but the claim was dismissed
  5. AIS sued the three political parties in the Administrative Court
  6. The court held three sessions, in which were present only the representatives of the Socialist Party and the Commissioner for the right of Information
  7. The last session held on November 10th the court decided to dismiss the AIS claim
  8. AIS appealed the decision in the Administrative Court of Appeal,
  9. In this process AIS is represented by the Law firm Gumi & Associates
  10. Appeal to the Administrative Court of Appeal
  11. Request for acceleration of adjudication
  12. AIS addresses the Strasbourg Court. Albania does not guarantee trial within a reasonable time (Article 6 of the ECHR)
  13. Administrative Court of Appeal Decision dated 22.11. 2017 with no. 4916 (5236)
  14. AIS addresses the Court of Strasbourg in the absence of both a High Court and a Constitutional Court in the country, asking this court to review the merits of a case, which is now in a process of recourse.

Important Documents of the Court Process:

Request for Information PS                  

Request for Information PD

Request for Information LSI

Complaint for the Commissioner of the right to information

Law suit act                       

Court Call document

Decision of the Administrative Court

Appeal to the Administrative Court of Appeal

Request for acceleration of adjudication

AIS Request to Strasbourg Court (PDF)

Decision Administrative Court of Appeal

Request: AIS addresses the Court of Strasbourg in the absence of both a High Court and a Constitutional Court in the country, asking this court to review the merits of a case, which is now in a process of recourse.