NATIONAL INTEGRITY SYSTEM ASSESSMENT ALBANIA 2016 This project is funded by The European Union. Transparency International is a global movement with one vision: a world in which government, business, civil society and the daily lives of people are free of corruption. With more than 100 chapters worldwide and an international secretariat in Berlin, we are leading the fight against corruption to turn this vision into reality. www.transparency.org Authors: Adela Halo, Megi Llubani (Country profile, Corruption Profile, Anti-Corruption activities) Assistant: Megi Llubani, Inesa Hila ISBN: 978-3-96076-028-3 Printed on 100% recycled paper. © Cover photo: iStockphoto.com/ollirg Except where otherwise noted, this work is licensed under CC BY-ND 4.0 Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of June 2016. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of Transparency International and can in no way be taken to reflect the views of the European Union. TABLE OF CONTENTS I. INTRODUCTORY INFORMATION 2 II. EXECUTIVE SUMMARY 7 III. ABOUT THE NATIONAL INTEGRITY SYSTEM ASSESSMENT 15 IV. COUNTRY PROFILE 20 V. CORRUPTION PROFILE 28 VI. ANTI-CORRUPTION ACTIVITIES 32 VII. NATIONAL INTEGRITY SYSTEM 35 1. LEGISLATURE 35 2. EXECUTIVE 50 3. JUDICIARY 60 4. PUBLIC PROSECUTOR 79 5. PUBLIC SECTOR 93 6. LAW ENFORCEMENT AGENCIES 110 7. CENTRAL ELECTION COMMISSION (CEC) 125 8. OMBUDSMAN 140 9. SUPREME AUDIT INSTITUTION 153 10. HIGH INSPECTORATE FOR THE DECLARATION AND AUDIT OF ASSETS AND CONFLICTS OF INTEREST (HIDAACI) 163 11. POLITICAL PARTIES 175 12. MEDIA 186 13. CIVIL SOCIETY 199 14. BUSINESS 208 15. STATE OWNED ENTERPRISES 223 I. INTRODUCTORY INFORMATION Analysing the strengths and weaknesses of Albania’s institutional design and practice in the fight against corruption has been a great challenge and responsibility. This first National Integrity System assessment for the country would not have been possible without the precious cooperation and assistance of a number of people. I would like to express my gratitude to all those in public institutions, civil society, and international organisations who agreed to be interviewed, some of them more than once. While some could not speak openly, I am honoured that they still decided to offer the insights of their experience and expertise under conditions of anonymity. I hope to have deserved their trust and made good use of their contributions. I am especially grateful to the European Union Delegation, the National Democratic Institute, the Balkan Investigative Regional Network – Albania, and the non-governmental organisation Res Publica for all the support they have provided throughout. In particular, I would like to thank Lora Ujkaj, Ana Kadovic, Dorarta Hyseni, Kristina Voko, Gjergj Erëbara, Besar Likmeta, and Dorian Matlija for their invaluable time, orientation, and insights. It is this team I would like to finally express my deep gratitude to Conny Abel, Andrew McDevitt, Julia Mager, Giulia Sorbi, and Tinatin Ninua. Thank you for your unwavering trust, guidance, patience and support. What is best in this assessment I owe to all the named and unnamed contributors above. Its weaknesses are entirely my own. Adela Halo Lead Researcher, National Integrity System (NIS) Albania 2 NATIONAL INTEGRITY SYSTEM ASSESSMENT ALBANIA Interview respondents Aleksandër Çipa, Chair of the Albanian Union of Journalists, 29 September 20141 Ardian Visha, Lawyer, assisting the ad-hoc parliamentary committee on justice reform, 16 and 24 July 2015 Besar Likmeta, Journalist, BIRN Albania, 21 December 2015 and 16 March 2016 Former civil servant in central administration, 22 December 2015 Civil servant involved in policy making relevant to SOEs, 8 May 2016 David Grise, former OPDAT/US Embassy Officer, 17 July 2015 Dorarta Hyseni, Program Manager, National Democratic Institute, 11 August 2015 Dorian Matlija, Director, Res Publica, 8 April 2015 Eralda Çani, Prime Minister’s Adviser for Public Administration, 23 April 2015 Expert of an international organisation, 25 April 2016 Gent Ibrahimi, Constitutionalist, Anti-corruption and judicial expert, 31 March and 8 April 2015 Gentian Elezi, Expert, 22 March 2016 Gjergj Bojaxhi, former KESH Director and business administrator in the oil sector, 8 April 2016 Gjergj Erëbara, Journalist, BIRN Albania, 21 December 2015 and 16 March 2016. Gledis Gjipali, Executive Director, European Movement Albania, 1 March 2016 Head of International Organization in Tirana, 21 April 2016 High-ranking official in the Executive, 18 January 2016 Human Rights Activist, 19 February 2016 Igli Totozani, Ombudsman, 25 February 2016 International Expert, 27 October 2015 Judge in Tirana, 23 July 2015 Kathleen Imholz, expert on judiciary, 27 April and 17 July 2015 Laerta Poda, Director, Finance Department of OMJB, 28 July 2015 Luljeta Laze, Head of Office, Management of the Judiciary Budget, 28 July 2015 Luljeta Nano, Secretary General, Supreme Audit Institution, 20 February 2015 Marsida Xhaferllari, Chief Inspector, High Council of Justice, 10 June and 24 July 2015 Mirela Gega, CEC Director of Finance, 6 February 2015 Premto Gogo, Coalition of Domestic Observers, 3 February 2016 Prosecutor in Tirana, 3 November 2015 Public finance expert, 20 November 2015 Remzi Lani, Executive Director, Albanian Media Institute, 14 October 20142 Representative of a trade chamber in Albania, 22 April 2016 Shkëlqim Ganaj, Inspector General, HIDAACI, 12 February and 21 July 2015 Vjollca Meçe, Executive Director, Albanian Helsinki Committee, 18 February 2016 1 This interview was conducted by the previous Lead Researcher on the project, Ervin Karamuço. 2 This interview was conducted by the previous Lead Researcher on the project, Ervin Karamuço. 3 NATIONAL INTEGRITY SYSTEM ASSESSMENT ALBANIA List of Abbreviations ACA – Albanian Competition Authority ACFA – Assessment of the Anti-Corruption Framework Albania ADL – Law on Declaration of Assets AMA – Audio-visual Media Authority ART – Albanian Radio Television ASCS – Agency for the Support of Civil Society BCC – Ballot Counting Center BEEPS – Business Environment and Enterprise Performance Survey BIRN – Balkan Investigative Reporting Network CAP – Code of Administrative Procedures CCEJ – Consultative Council of European Judges CDO – Coalition of Domestic Observers CEAZ – Commission of Electoral Administration Zone CEC – Central Election Commission COCS – Commissioner for the Oversight of the Civil Service CoE – Council of Europe CoM – Council of Ministers CPC – Criminal Procedure Code CSL – Civil Servant Law CSO – Civil Society Organization DoPA – Department of Public Administration DP – Democratic Party EBRD – European Bank for Reconstruction and Development EC – European Commission EMA – European Movement in Albania EPA – Law on Ethics in Public Administration ERE – Energy Regulatory Entity ERRU – Regulatory Entity on Water Supply and Removal and Treatment of Sewage Waters EU – European Union FSA – Financial Supervisory Authority GDP – Gross Domestic Product GNI – Gross National Income GRECO – Group of States Against Corruption HC – High Court HCJ – High Council of Justice HIDAACI – High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest HSC – High State Council ICS – Internal Control Service IDM – Institute for Democracy and Mediation IDRA – Institute for Development and Research Alternatives 4 NATIONAL INTEGRITY SYSTEM ASSESSMENT ALBANIA IMF – International Monetary Fund ISA – International Standards on Audits JIU – Joint Investigative Unit LRI – Law on the Right to Information LSMS – Living Standard Measurement Survey MDG – Millennium Development Goals MMB – Media Monitoring Board MoJ – Ministry of Justice MP – Member of Parliament NAC – National Anti-Corruption Coordinator NATO – North Atlantic Treaty Organization NBC – National Business Center NBI – National Bureau of Investigation NDI – National Democratic Institute NGO – Non Governmental Organization NIS – National Integrity System NJC – National Judicial Conference NLC- National Licensing Center NPO – Non Profit Organization NRC – National Registration Center OAJB – Office for the Administration of the Judiciary Budget OECD – Organisation for Economic Cooperation and Development OGP – Open Government Partnership OPG – Office of the Prosecutor General OSCE – Organization for Security and Cooperation in Europe OSFA – Open Society Foundation Albania PACA – Project Against Corruption in Albania PCI – Law on Prevention of Conflict of Interest PG – Prosecutor General PISA – Program for International Student Assessment PMO – Prime Minister’s Office PPA – Public Procurement Agency PPC – Public Procurement Commission SAI – Supreme Audit Institution SIAC – Service of Internal Affairs and Complaints SMEs – Small and Medium Enterprises SMI – Socialist Movement for Integration SOE – State Owned Enterprise SP – Socialist Party SPD – State Police Directorate TI – Transparency International 5 NATIONAL INTEGRITY SYSTEM ASSESSMENT ALBANIA UICA – Unit for Internal Control and Anti-Corruption UN – United Nations UNDP – United Nations Development Program VAT – Value Added Tax VCC – Voting Center Commission 6 NATIONAL INTEGRITY SYSTEM ASSESSMENT ALBANIA II. EXECUTIVE SUMMARY This National Integrity