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Albania: Overview of Political Corruption

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Albania: Overview of Political Corruption ALBANIA: OVERVIEW OF POLITICAL CORRUPTION QUERY SUMMARY Please provide an overview of and background to Political corruption is a serious and ongoing recent measures taken to address political problem in Albania. Pressed by the European Commission and GRECO’s recommendations, the corruption in Albania. We are particularly interested Albanian government has recently adopted a in elections, political party financing, codes of number of measures intended to reduce political conduct, asset declaration, immunity, conflict of corruption in the country. In 2012 it amended the interest and lobbying. Albanian Constitution to restrict the immunity of high-level public officials, politicians and judges. Other amendments considerably broadened the CONTENT range of public officials subject to the asset 1. Overview of political corruption in Albania disclosure law and imposed stricter sanctions for 2. Elections violations of the conflict of interest provisions. Legal 3. Party financing changes in 2011 brought in new provisions regarding annual funding of political parties, while in 4. Immunity 2013 further legislation was passed to improve 5. Code of conduct transparency in party funding. 6. Conflict of Interest 7. Asset declaration In spite of recent reforms, political corruption 8. References continues to be a barrier to Albania’s candidature for EU membership. Despite anti-corruption support from donors, increased public awareness and \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ government promises, the new government’s record after its first six months in office has been mixed. It Author(s) remains to be seen whether anti-corruption Matthew Jenkins, Transparency International, measures remain rhetoric, especially when [email protected] addressing corruption within the ruling coalition’s own ranks. Reviewer(s) Maira Martini; Marie Chêne; Finn Heinrich, Transparency This answer considers challenges and progress in International; the areas of elections, party financing, immunity, Inesa Hila, Transparency International Albania codes of conduct, conflict of interest, asset Date declaration, transparent governance and the coordination of various anti-corruption agencies. Responded: 20 March 2014 © 2014 Transparency International. All rights reserved. This document should not be considered as representative of the Commission or Transparency International’s official position. Neither the European Commission, Transparency International nor any person acting on behalf of the Commission is responsible for the use which might be made of the following information. This anti-corruption Helpdesk is operated by Transparency International and funded by the European Union ALBANIA: OVERVIEW OF POLITICAL CORRUPTION 1. OVERVIEW OF POLITICAL Areas of particular concern in Albania include party CORRUPTION IN ALBANIA financing, de facto impunity for high-level officials, undue influence of private business interests in Extent of corruption political decision-making and the prejudiced application of the rule of law by an ineffective Despite the government’s efforts, corruption remains judiciary. Unrestricted lobbying is also a serious a major challenge in Albania. The latest available concern and, as of March 2014, there have been no data from the World Bank suggests that after a moves to legislate, regulate or restrict political period of steady improvement in the control of lobbying in Albania. corruption (peaking at a global percentile rank of 37.8 in 2009), the last four years have witnessed a Albanian political parties are perceived as especially gradual increase in perceived levels of corruption: by corrupt; according to the latest Global Corruption 2012 Albania’s percentile rank had fallen back to Barometer, 72 per cent of Albanians surveyed are 26.8 (World Bank 2013a: 7). convinced of their dishonesty (Transparency International 2013b). Recent scandals, such as the Albania is ranked as one of the most corrupt previous administration’s use of public funds to countries in Europe in Transparency International’s enrich pro-government media, have justified this 2013 Corruption Perceptions Index; with a score of suspicion and revealed the nefarious links between 31 out of 100, it performs considerably worse than politicians and powerful businesses which have been the regional average (Transparency International able to set the political agenda (Bertelsmann 2013a). In addition, Albania is the European country Foundation 2014). in which the highest proportion of companies anticipate having to give “gifts” to secure a public To tackle some of these concerns, a number of contract (Business Anti-Corruption Portal 2014). measures have recently been taken relating to party financing, impunity, conflict of interest and asset Citizens are often confronted by bribery when declaration. accessing public services. According to Transparency International’s 2013 Global Corruption Overview of anti-corruption reforms Barometer, the services perceived to be most susceptible to bribes were judiciary (81%), health Albania has been improving its legal framework in an (80%), education (70%), police (58%) and civil attempt to curb political corruption. The country services (52%) respectively. Worse still, despite ratified both the Council of Europe Civil and Criminal recent progress on the legal front, only 10 per cent of Law Conventions on Corruption in 2001 and the respondents believe that corruption has decreased in United Nations Convention against Corruption in the last two years and 96 per cent believed 2006, which form the framework for a coherent anti- corruption in the public sector remains a problem corruption strategy (Republic of Albania Council of (Transparency International 2013b). Ministers 2013: 18). Political corruption in Albania Moreover, since the third round of GRECO recommendations in 2011 and assisted by the Political corruption – the use of discretionary power Council of Europe’s Project against Corruption in by government officials for illegitimate private gain – Albania (PACA), a number of improvements have is one of the most serious challenges faced by been made and the country can now be said to be Albania. Political corruption manifests itself in various legally compliant with its treaty obligations (Business forms such as illicit party financing, vote-buying, state Anti-Corruption Portal 2014). capture, political patronage and lobbying, and consequently affects a wide range of sectors. Albania has amended its criminal code to increase Political corruption is a key governance challenge as criminal provisions for bribery in the public and (for it underpins other forms of corruption and hampers the first time) private sector, changed the law For anti-corruption reforms. Political Parties to introduce greater transparency in party financing, implemented legal and constitutional 2 ALBANIA: OVERVIEW OF POLITICAL CORRUPTION changes to limit the immunity of public officials, and (European Commission 2013: 5). However the gap strengthened the High Inspectorate of the between theory and practice remains large. Officially Declaration and Audit of Assets (HIDAA) through all daily budget expenses are supposed to have been improvements to the laws on conflict of interest and published online since January 2012, but this seems asset declaration (Mujaj 2013: 38). The European irregular at best.3 More worrying still, the new Commission’s 2013 Progress Report stated that all government has seemingly ended the practice of previous recommendations on legislative measures publishing government decisions and draft bills, to fight corruption had been “satisfactorily addressed” which dates back to 2003 (Balkan Insight 2014a). (European Commission 2013: 1). Indeed, the progress of anti-corruption measures often seems to have more to do with political Despite these legislative improvements, effective expediency than effective reform (Balkan Insight implementation of recent legislation intended to 2013a). address the financing of political parties remains an obstacle to clean politics, as does the de facto 2. ELECTIONS impunity of high-level officials (Albanian Anti- Corruption Portal 2013a). Progress on the monitoring Overview of anti-corruption reforms, impartial law enforcement and co-ordination between anti-corruption agencies Over the last twenty years Albanian elections have also remains uncertain. often been marred by serious procedural problems. Irregularities around voter registration used to be Albania has repeatedly been told by the European commonplace (Bertelsmann Foundation 2008). For Commission, PACA and others that it needs to better instance, the 2007 electoral roll contained 3.3 million coordinate its various anti-corruption agencies, law names even though the 2011 census only identified enforcement bodies and state prosecutors. Despite 2.8 million Albanian citizens (The Economist 2013). 1 some initial steps, the final PACA report in 2013 In the lead up to the 2007 local elections, the expressed concern about the lack of proper Organization for Security and Co-operation in Europe coordination mechanisms or clear division of (OSCE) reported that it was frequently required to jurisdictions and competencies between the various mediate between the government and the opposition 2 agencies (Council of Europe 2013a: 44). The to overcome the “highly charged and divisive” commission’s 2013 Progress Report on Albania also political environment (OSCE 2007: 4) suggested that the establishment of a central coordinating body
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