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MONITORING REPORT No. 5 Forcimi i Transparencës së Zgjedhjeve në Shqipëri (SETA) MONITORING Tel: 04 5629047, E-mail: [email protected] Web: www.asp.al REPORT Project No. 5 “Strengthening Election Transparency in Albania (SETA)” on restrictions of the use of admin- istrative resources during electoral campaign Period: March 25, 2021 – April 25, 2021 Reporters: Isuf Shehu, Gerta Meta (ASP’s alumni) Thanks to the moni- toring contribution of lecturers and students in targeted regions This project is supported by the Embassy of the Kingdom of the Netherlands in Tirana and the joint program of the Council of Europe and the European Union “Action against Economic Crime in Albania” PB 1 Akademia e Studimeve Politike Tel: +355 4 5629047, Akademia e Studimeve Politike Tel: +355 4 5629047, Rruga “Emin Duraku”, Pallati Credins E-mail: [email protected] Rruga “Emin Duraku”, Pallati Credins E-mail: [email protected] Hyrja 1, kati 7, Ap. 21, Tirane, Albania Web: www.asp.al Hyrja 1, kati 7, Ap. 21, Tirane, Albania Web: www.asp.al Forcimi i Transparencës së Zgjedhjeve në Shqipëri (SETA) Forcimi i Transparencës së Zgjedhjeve në Shqipëri (SETA) This report reflects the findings of the observance of the new provisions to the Electoral Code in re- spect of: • Legal and institutional practice for implementing the restrictions on state resources during the election campaign; • The process of reporting and controlling the activities prohibited to the central and local of- ficials; • Legal acts adopted in violation of the prohibitions provided in the 4-month period before the elections; The following report will reflect the findings carrying out public activities in which of other restrictions during the election cam- the SP candidate was present - to Li- paign focusing on the conduct of the state ad- brazhd municipality and SP in Kamza ministration, the use of public assets and the for unfurling propaganda materials - restrictions on propaganda materials of elec- 2 notifications to the municipal police toral subjects. for closing election offices near the SP Voting Centers in Gjirokastra and DP in Tirana) Legal and institutional practice for im- plementing the provisions • pointing out 24 completed cases with- out finding violations;; Upon the start of the election campaign, on March 25, further restrictions of the Elector- • pointing out 11 cases for non com- al Code became applicable regarding the use mencement of proceedings (cases be- of public resources, the conduct of the state yond CEC’s copetences) administration as well as the expenses for propaganda materials by the electoral sub- The detailed list of relevant denunciations jects. In this new situation, considering even and decisions of CEC can be consulted in the increase of political activities, there was Annex 2 an added number of denunciations from po- litical parties, NGOs and citizens at the inter- face of prohibited activities (https://aktivitete. The Commissioner’s decision-making period kqz.gov.al/) and at the portal of denunciations has been quite hectic. It is worth highlighting (http://kqz.gov.al/kallzo) of the Central Elec- that starting from April 2 to April 24, 36 de- tion Commission. nunciations received on both online portals of the CEC were reviewed, but as it can be According to the CEC official data, until April concluded, the majority of them were not put 25, a total of 95 denunciations were registered under administrative review or concluded due over violation of Decision no. 9/2020 on the to “failure to find violations of provisions of use of state resources during the election pe- the Electoral Code”. riod. The State Election Commissioner has taken a total of 43 decisions on these reported Among the denunciations that have been ruled cases by: down are even those on concession contracts or PPP agreements for strategic investments • Imposing 3 administrative measures/ such as ports and airports, approved in the last fines (case against the Director of months before the elections, which have been Lushnja Cadastre and against the justified by the relevant ministries as a contin- mayors of Tirana and Vora) uation of the procedures initiated before the restrictions of the Electoral Code entered into • issuing 5 notifications over taking of force, as well as for which no special funds measures (to Tropoja Municipality for 2 Akademia e Studimeve Politike Tel: +355 4 5629047, Rruga “Emin Duraku”, Pallati Credins E-mail: [email protected] Hyrja 1, kati 7, Ap. 21, Tirane, Albania Web: www.asp.al Forcimi i Transparencës së Zgjedhjeve në Shqipëri (SETA) have been made available. Reporting of public activities It should also be noted that, during this pe- Senior central and local public officials are riod, the Complaints and Sanctions Commis- charged by the Electoral Code with the obli- sion (CSC) has maintained in force the Com- gation to report in advance to the CEC their missioner’s administrative measure (Decision public activities in the 4-month period prior no. 234 / 14.04.2021) amounting to ALL the elections. As of April 25, in the interface 10.000, against Mr. Gentian Picari, Acting (https://aktivitete.kqz.gov.al) it turns out that Mayor Vora, denounced by the SMI for the a total of 1.229 activities have been report- non-functioning of the official website of the ed by central and local public institutions. municipality, leading to the failure to publish The launch of the election campaign certainly public places in the territory of the munici- increased the number of public activities and pality with the intent to display of propagan- promotions of investments by public officials, da materials by political parties and electoral some of whom were already in the position subjects (Article 79, point 1 of the Electoral of the candidate and in competitive positions Code). This decision remains to date the as compared with other political forces. Even only punitive measure against a senior offi- during this period, the CEC did not prohibit cial in the framework of the restrictions of any public activity reported by officials, as the Electoral Code, remaining in force even set out by the Electoral Code in cases where after review in the CSC. it is found that the activities constitute viola- As it was announced in the last report, the tions of established restrictions. appeal registered on 10.03.2021 at the Ad- ministrative Court of Tirana, for the overturn by CSC of the administrative proceeding SETA’s field monitoring against the mayor of Tirana, Mr. Erion Ve- During this period, the SETA project has con- liaj, has not yet been considered. This court tinued to monitor the promotional activities held two preparatory hearings for the case of government cabinet members and mayors registered with no. 31138-01809-80-2021, in in seven major cities of the country. These which the High Court has been asked for an activities on the official websites of the in- opinion over the powers of the administrative stitutions, local media as well as the profiles court to review the case in question. The Elec- of these officials on social networks (mainly toral College announced earlier (decision no. Facebook), were then cross-checked with the 2, dated 04.03.2021) the “On the lack of sub- reporting data of these institutions to the CEC ject matter competence to review this lawsuit interface, to bring about an analysis of the request.” progress of reporting process and some fur- As it was forewarned in previous reports, the ther recommendations. concerns over the implementation of the re- With the beginning of the electoral campaign strictions of the Electoral Code due to evasive has been increased the number of public ac- legal provisions, further reinforced by the mit- tivities and investment promotions by public igating adjustments of Decision no. 9/2020 of officials, some of whom acting in the role of the Regulatory Commission at the CEC, but political candidate. Under this new circum- even the practice of further interpretations of stances the reporting process by the minis- the Complaints and Sanctions Commission ters-candidates has turned into a bureaucrat- (CSC), undermined the mechanisms in ic process loosing its primary meaning. The disposal of CEC in order to play its role in Prime Minister and some of the ministers controlling and enforcing the provisions on (Finance, Education, Agriculture) have con- the use of state resources during the elec- tinued to report electoral activities such as tion campaign. meetings with party structures or various in- terest groups, activities which are difficult to categorize as public investment promotions, 2 3 Akademia e Studimeve Politike Tel: +355 4 5629047, Akademia e Studimeve Politike Tel: +355 4 5629047, Rruga “Emin Duraku”, Pallati Credins E-mail: [email protected] Rruga “Emin Duraku”, Pallati Credins E-mail: [email protected] Hyrja 1, kati 7, Ap. 21, Tirane, Albania Web: www.asp.al Hyrja 1, kati 7, Ap. 21, Tirane, Albania Web: www.asp.al Forcimi i Transparencës së Zgjedhjeve në Shqipëri (SETA) Forcimi i Transparencës së Zgjedhjeve në Shqipëri (SETA) Summary table of activities of senior central and local officials in the March 25, 2021 – April 2021 period Reportings to Unreported Official subject to reporting CEC* promotions** Prime Minister 137 25 Minister of Defense 0 4 Minister of Interior 1 8 Minister of Justice 2 2 Minister of Finance and Economy 56 2 Minister of Education, Sports and Youth 19 1 Minister of Agriculture and Rural Development 26 5 Minister for Europe and Foreign Affairs 0 3 Minister of Health and Social Protection 5 11 Minister of Infrastructure and Energy 0 3 Minister of Culture 5 2 Minister of Environment and Tourism 0 1 Minister of State for Diaspora 0 0 Minister of State for Reconstruction 1 2 Minister of State for Relations with Parliament 0 2 Minister of State for Protection of Entrepreneurship 0 1 MAYORS 25 Tiranë 13 4 Durrës 18 8 Shkodër 2 2 Elbasan 12 2 Vlorë 0 1 Korçë 0 5 Gjirokastër 0 3 *Official data from the CEC reporting interface for the period under monitoring.
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