Posts

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

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

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/

Money Laundering in the Context of the Fiscal and Criminal Amnesty, AIS position, Analysis and Conclusions

Albanian Institute of Science has carefully analyzed the draft law on “Fiscal and Criminal Amnesty of entities submiting voluntary declaration” initiated by the Ministry of Finance and the Ministry of Justice and presented for Public Consultation by the Albanian Government on June 23, 2022. The deadline for the submission of opinions and recommendations on the draft daw during the consultation process is July 23, 2022.

The organization examined various aspects related to the country’s current circumstances and the amnesty, such as: the fiscal policy and administration; the degree of informality; the fight against corruption and the risk of money laundering as a result of criminal offences. Likewise, a separate report analyzed issues of harmonization of the draft with the national criminal legislation, testing the principle of legal safeguards.

In the end, the two Documents drafted were presented in a meeting, held on July 19th, with guests and participants from the relevant institutions, international organizations in the country, representatives from EU countrues Embassies, field experts and civil society actors and the Media.

Event Agenda

The two Documents contain an analysis, conclusions, recommendations, as well as short-term and long-term alternatives to the recent Fiscal and Criminal Amnesty. More specifically:

  • Policy Position Paper: Money Laundering in the Context of Fiscal and Criminal Amnesty (See more HERE)
  • Technical Report: Fiscal Amnesty Issues and Problems of Harmonization with the Criminal Legislation (See more HERE)

The Policy Position Paper and the Technical Report were presented as part of civil society initiatives, which aim to contribute to the Country’s European integration.

Both documents will be submitted to the Albanian government, the Parliament of Albania and Stakeholders, as official Position and Recommendations from civil society.

Conclusions, Recommendations and Alternatives, as presented on the July 19th event (See more HERE)

The Albanian Institute of Science, widely referenced as Open Data Albania, will continue to participate in the process of consultation and technical discussion concerning the present draft law, even when the latter will be submitted for debate in the Assembly.

We deem our participation of paramount importance, given the importance of the process, the assessed risks, issues of the legal framework and harmonization of the legislation, and many other fecets related to the governing majority initiative.

AIS has also prepared an Analytical Report on the History of Fiscal Amnesties and Voluntary Asset Declarations in Albania from 2008 to 2017.

The Policy Document “Money Laundering in the Context of the Fiscal and Criminal Amnesty” was drafted by the Albanian Institute of Science AIS/Open DataAlbania, in implementation of the C1 – EU – NPA project “Improving the Debate on Policies and Accountability for Fulfilled Basic Rights” through the creation of the Negotiation Platform of Cluster1 Albania. The C1 – EU – NPA project is implemented by four Albanian organizations: Center for the Study of Democracy and Governance CSDG, Institute of Political Studies ISP, Albanian Committee of Helsinki KSHH and Albanian Institute of Science AIS, with the support of the Embassy of the Kingdom of the Netherlands in Tirana.

The Findings, Opinions or Recommendations expressed in this Document represent the viewpoint of experts and AIS and do not necessarily reflect those of our partners or supporters of the C1 – EU – NPA Project.

“Money Laundering in the Context of Fiscal and Criminal Amnesty” activity, organized by the Albanian Institute of Science/Open Data Albania

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania , Prof. Dr. Petraq Milo – Field Expert

Mr.Alexis Hupin, Head of the EU Policy and Integration Section, EU Delegation to Albania; Mr.Karel Urban, Ambassador of the Czech Republic in Albania; Mr.Jonas Paul, Political Officer in the Delegation of the European Union to Albania

H.E.Mr. Reinout Vos – Ambassador of the Kingdom of the Netherlands to Albania

Prof. Dr. Petraq Milo – Field Expert

Mr.Viktor Gumi – AIS Legal Expert

Mrs. Monika Meça, Head of the Legal Unit for the Coordination of Priority Initiatives and the Acquis, Regulatory and Compliance Department in the Prime Minister’s Office

Mrs. Aranita Brahaj, Director of the organization Albanian Institute of Science/Open Data Albania

Mrs. Elsonida Rama, Head of Directorate for Criminal and Civil Justice, Ministry of Justice.

Mr. Enio Jaco, President of the American Chamber of Commerce

Mrs. Klotilda Bushka – Chairwoman of the Legal Affairs Committee

Mrs. Dhurata Cupi – Deputy Chairwoman of the Legal Affairs Committee, Representative of the Opposition

 

Mrs. Aranita Brahaj, Director of the organization Albanian Institute of Science/Open Data Albania