Posts

Conference on Exchanging Knowledge and Ideas for Open and Transparent Governance – AIS presents the Justice Access database as an inspiring model for OGP in the Region

/in , , /by

Justice Access – The Magistrates’ Registry is the latest database created by the AIS organization promoting open data for Albania.

The Data Mining Magistrate’s Register is designed to increase access and public trust in the Critical Reform in the Judicial System.

At the invitation of the National Democratic Institute NDI Montenegro, this Civil Society Initiative for Improving Access, Control, and Public Trust in Justice was presented on December 8 at an International Learning Event focusing on the exchange of knowledge and experiences regarding the Open Government Partnership (OGP).

Project Director Aranita Brahaj explained how AIS has contributed by creating this essential instrument to improve public access, control, and trust in the Justice Reform and Justice Institutions, probing into the integrity of Magistrates after the Reform.

The Magistrates’ Registry involves creating a Passport with data and documents for each judge, prosecutor and justice official.

The information provides public access to familiarize themselves with the profile, integrity, career, performance, and aspects of professionalism, ensuring control over the integrity of the Magistrates.

Similarly, profiles have been established for the new institutions of justice, where the catalogue displays all decisions and documents related to the institution and decision-making.

This image has an empty alt attribute; its file name is Screenshot-2023-12-05-094111.png

Every day, citizens click on the Passports of judges and prosecutors investigating corrupt affairs of high-ranking officials already under accusation. Beneficiaries of Enhanced Access to Magistrates’ and Justice Institutions’ Data and Documents include media representatives, justice system employees, academics, organizations, and the general public.

As part of the activities of this project, AIS has prepared a Policy Paper on Legal Regulations and Practices that the new institutions of justice have established regarding access. This policy document reviews current practices and provides conclusions and recommendations for the future.

This image has an empty alt attribute; its file name is Screenshot-2023-12-19-092112.png
The Magistrates’ Registry is an activity of the project with the financial support of the Commission for Democracy’s Small Grants Program in the US Embassy in Tirana. The opinions, findings, conclusions, and recommendations expressed are those of the authors and do not necessarily reflect those of the State Department.

“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

/in , /by

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

 

 

Constitutional Control over Corrupt Laws, Vacancies of several years in the Constitutional Court bring Serious Consequences for the Prevention of Corruption by Law

/in , /by

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.

Training Cycle: Youth Empowerment against Corruption – Citizen Education, Improve Fact Checking Models

/in , /by

The Organization AIS / Open Data Albania is holding this week (October 2022) a training cycle with young people, part of the OpenDataYouth Network. The young participants in this program are selected through competition targeting young journalist professionals or students; economists; tax accountants; future politicians; analysts; sociologists; researchers; etc.

The purpose of the Training is to raise the capacities and empower the youth, as the category most predisposed to bring change in society. The targeted capacity includes awareness, articulation, education and evaluation on issues of good governance and anti-corruption. Provide them with knowledge about the stakeholders engaged in anti-corruption phenomena and tracking methods. The final goal is for a researcher, activist, journalist in the first steps of the profession, or during university studies to be able to articulate publicly on issues related to governance and corruption

There are eight specific topics addressed during October with a focus on anti-corruption and good governance issues, namely Corruption and EU Integration; Media and Anti-Corruption; Institutions and Stakeholders engaged in Anti-Corruption; Gender Perspective and Anti-Corruption; Corruption by Law; Money Laundering Challenges; Fiscal Policy and Civil Society and Activism for Anticorruption.

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.

This component shall consist of several events. Its objective is to educate and develop the skills of a group of young people in critical thinking and articulation on issues related to corruption. The component envisages activities such as training, individual work sessions, internships at the organization, forum, preparation of articles and networking.

 See the Training Program: HERE

 See the Curricula HERE

Photo from the Training:  

Announcements and other Network Events:

Call Apply to become part of the open data fellowship youth network http://ais.al/new/en/apply-to-become-part-of-the-open-data-fellowship-youth-network/

OpenData Fellowship Youth Network working with young people to increase their capacities

http://ais.al/new/en/open-data-fellowship-youth-network-working-with-young-people-to-increase-their-capacities/

Forum “Youth and Emigration as an inducement to live for a better country

http://ais.al/new/en/forum-youth-and-emigration-corruption-as-inducement-to-live-for-a-better-country/

http://ais.al/new/en/forum-youth-and-emigration-corruption-as-inducement-to-live-for-a-better-country/

Documents and Analysis following the Decisions of the European Court of Human Rights, case of Besnik Cani v. Albania (vetting), AksesDrejtesiAlbania

/in , /by

If Besnik Cani v. Albania case in Strasburg would construe a Precedent (unifying verdict) 8 other judges and prosecutors today would be awarded the same rights as Mr. Cani, as the Judge elected in violation of the statutory criterias is part of nine Decisions where the KPA (Appeals Chamber) has opposed the qualifications in the KPK (Independent Qualification Commission)

The previous day, the European Court of Human Rights in Strasbourg issued a decision on the case of Besnik Cani against Albania. Mr. Cani is a prosecutor who passed the first stage of evaluation in the KPK (Decision No. 84/2018), but was dismissed by the Special Appeals Panel (Decision 2.2020). His case in Strasbourg referred precisely to the decision of the KPA, with the argument that the right to due process had been violated, since one of the member judges of the College, Mr. L.D., had been appointed in violation of the statutory criteria, having previously been dismissed from his office as a judge in First Instance Court.

The Strasbourg Court accepted the request of Mr. Besnik Cani, awarding him the right to claim that he was not given a proper process. Mr. Cani’s profile and documents concerning his evaluation HERE

The Decision issued on October 4th by the European Court of Human Rights in Strasbourg, it seems to cast doubts on quite a few decisions, where the KPA Judge (elected contrary to the statutory criteria) was a member of the body that made said decisions. Specifically, below we will list the cases in which the Judge or Prosecutor under the Vetting Process had been confirmed by the Temporary Qualification Commission, but was later dismissed by the KPA- Special Appeals Chamber composed of a panel that included Mr. L.D.

The documents listed below are part of the Access to Justice database – the Register of Magistrates, a register created by the AIS organization with the aim of increasing transparency, integrity and public trust in individuals who are part of the justice system.

Confirmed in KPK (Independent Qualification Commission) and dismissed in KPA (Appeals Chamber)

 

  1. Decision No. 12/2018 (JR) dated 17.12.2018, the subject of the re-evaluation is Bashkim Dedja, confirmed by the KPK and dismissed by the KPA; Luan Daci – Rapporteur of the case, see passport and documents: HERE
  2. Decision No. 6/2019 (JR) dated 28.02.2019, including the minority opinion; the subject of the re-evaluation is Antoneta Sevdari, confirmed by the KPK and dismissed by the KPA, case Presided by Luan Daci; documents and passport of the subject: HERE
  3. Decision No. 9/2019 (JR) dated 18.04.2019; the subject of the re-evaluation Astrit Faqolli, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member; documents and passport of the subject: HERE
  4. Decision No. 11/2019 (JR) dated 22.05.2019, including the parallel opinion; the subject of the re-evaluation is Edmond Islamaj, confirmed by the KPK and dismissed by the KPA, Presided by Luan Daci; Register of Magistrates – documents and passport of the subject: HERE
  5. Decision No. 14/2019 (JR) dated 09.07.2019, including parallel opinions; Alma Brati, the subject of the re-evaluation See Profile HERE, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member;
  6. Decision No. 19/2019 (JR) dated 26.07.2019, including the parallel opinion; the subject of re – evaluation Xhezair Zaganjori, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member; documents listed: HERE
  7. Decision No. 27/2019 (JR) dated 24.10.2019; the subject of re-evaluation Artur Malaj, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member See Profile HERE
  8. Decision No. 2/2020 (JR) dated 27.02.2020, including the parallel opinion; the subject of re-evaluation Besnik Cani, confirmed by the KPK and dismissed by the KPA, with Luan Daci acting as Member, the European Court of Human Rights accepted his appeal with a Decision dated October 4th, 2022.
  9. Decision No. 4/2020 (JR) dated 12.03.2020; the subject of re-evaluation Arben Dollapaj, confirmed by the KPK and dismissed by the KPA; Luan Daci – Rapporteur.

Meanwhile, KPA member Luan Daci was appointed by the Assembly as a member of the Special Appeals Chamber on June 17, 2017. A criminal investigation was filed against him in the Supreme Court thereafer. He exercised this duty until his suspension from the College (December 2021).

Mr. Luan Daci has been part of the collegial body  in about 35 Decisions concerning re-evaluations of Judges and Prosecutors which constitute Dismissal Decisions in the KLP (High Prossecutor’s Office), who remained in force even after the appeal in the KPA (Appeals Chamber).

All KPA Decisions are published and carefully listed in the Register of Magistrates Access to Justice Akses Drejtësi, a platform created by the AIS organization as an open and transparent model of a Magistrate’s Register.

 

‘Civil Society Monitoring Public Procurement and Contracts’ Workshop Tirana, 29 July 2016

/in , /by

AIS organized on 29 July 2016, in Tirana, a Workshop on Civil Society Monitoring Public Procurement and Contracts.

Read more