HomeLearning hubMapping Anti-corruption in SEEAlbaniaOthers – Albania Anti Corruption Institutional Framework

Others – Albania Anti Corruption Institutional Framework

Others

Established by:

Law No. 9643, dated 20.11.2006 “On Public Procurement”.

 

Structure:

The Public Procurement Agency is a central subordinate institution of the Prime Ministry. It is headed by the Director of the Agency. Employees of Agency have the status of the civil servant.

 

Competence:

1) Proposal of rules of public procurement to the Council of Ministers;

2) Promotion of the training of central and local governmental employees on public procurement;

3) Drafting and publication the Public Announcements Bulletin including the list of excluded economic operators;

4) Drafting of standardized documents of the public procurement procedures;

5) Offering of technical assistance to contracting authorities on public procurement;

6) Periodical reporting to the Council of Ministers on the general functioning of the system of public procurement;

7) Cooperation with international institutions and bodies on public procurement matters;

8) Coordination of the foreign technical assistance to Albania on public procurement;

9) Promotion of the best international standards and practices;

10) Verification of public procurement procedures after the signing of the procurement contract, review of audit authorities’ recommendations on public procurement procedures, monitoring of the system of public procurement;

11) Setting of administrative fines in cases of the violation of procedures.

 

Financial Autonomy:

The Public Procurement Agency is a subordinate institution of the Prime Ministry and does not have financial autonomy.

 

Web:

http://www.app.gov.al

E-mail:

info.app@app.gov.al

Established by:

Law No. 47/2017 “On some additions and changes on the Law No. 9642, dated 20.11.2006 ‘On public procurement’”.

 

Structure:

The Public Procurement Commission is the highest authority in the field of public procurement that addressed complaints on the procurement procedures. The Commission is an independent institution. The Commission consists of 5 members, among which one serves as the head and another as the deputy head of the commission. Members of the Commission are elected by the Albanian Parliament in accordance with the nominations of the Council of Ministers for a 5-year term, with the possibility of only one re-election. Other employees of the Commission have the status of the civil servant.

 

Competence:

The Public Procurement Commission addresses complaints on procurement procedures in commission meetings with at least 3 members. Its decisions are reached by a majority ruling. These decisions are administratively final and can be appealed on the Administrative Court. The Commission publishes its yearly report on its official webpage, and its head presents it before the Albanian Parliament.

 

Financial Autonomy:

The Public Procurement Commission is an independent institution. Its budget is approved by the Albanian Parliament.

 

Web:

http://www.kpp.gov.al/ppadv/default.aspx

E-mail:

kpp_info@kpp.gov.al

Established by:

Law No. 9917, dated 19.05.2008 “For the prevention of money laundering and terrorist financing”.

 

Structure:

The General Directorate is headed by the General Director nominated by the Minister of Finance and appointed by the Council of Ministers. Employees of the Directorate have the status of civil servants.

 

Competence:

The Directorate is the responsible authority for the investigation and resolution of possible money laundering or terrorist financing cases. It serves as the Albanian special unit on the prevention and fight against money laundering and terrorist financing.

1) Serves as the national center responsible for the gathering, analysis and information distribution to law enforcement agencies for possible money laundering or terrorist financing cases;

2) Information gathering from specific IT databases or subject that are obligated to provide the necessary information;

3) Oversight of the activities of subjects of the law on the prevention of money laundering and terrorist financing;

4) Cooperation with foreign law enforcement or other agencies;

5) Drafting of cooperation agreements with international sister agencies;

6) Cooperation with national authorities, such as prosecution offices, the Special Prosecution office, the National Bureau of Investigation, the State Intelligence Service;

7) Gathering of statistical data regarding the criminal proceedings on money laundering and terrorist financing;

8) Drafting of the periodic lists of high-risk countries and transactions subject to high scrutiny by appropriate authorities;

9) Ordering of suspension of suspicious transactions for not more than 72 hours;

10) Gathering and administration of all data and legal documents on a case for 10 years;

11) Organization of training and education activities to raise public awareness regarding money laundering and terrorist financing;

12) Coordination with oversight authorities on specific cases;

13) Publication of yearly reports on the activities of the Directorate;

14) Ordering the monitoring of banking activities for a certain period when there is a suspicion of money laundering or terrorist financing;

15) Periodic reviewing and risk assessments on the efficacity and productivity of the national system against money laundering and terrorist financing.

 

Financial Autonomy:

The General Directorate on the Prevention of Money Laundering is a subordinate structure of the Ministry of Finance and Economy, and as such it does not have financial autonomy.

 

Web:

https://fiu.gov.al

E-mail:

info@fint.gov.al

Established by:

Law No. 112/2015 “On the public financial inspection”.

 

Mission:

Public financial inspection has the mission of guaranteeing the lawful use of public funds and the assistance on the improvement of the public financial management system.

 

Structure:

The Minister of Finance and Economy is the responsible authority for the regulation of the centralized functioning of the public financial inspection. The Directorate of Public Financial Inspection is part of the structure of the Ministry of Finance. Its employees have the status of the civil servant.

 

Competence:

1) Review of requests, information or complaints and reports before the first authorizing officer (General Secretary of the Ministry of Finance) on the initiation or not-initiation of the public financial inspection;

2) Performance of public financial inspections in accordance with the rules approved by the Minister of Finance;

3) Proposals of appropriate measures in conclusion of the public financial inspection to the General Secretary of the Ministry of Finance and the Minister of Finance;

4) Monitoring of the enactment of approved measures of the Minister of Finance and informing the General Secretary on their progress;

5) Proposals for orders, guidance and methodologies on public financial inspection;

6) Serving as the AFCOS and as a contact point for the OLAF;

7) Periodical reporting to the General Secretary and the Minister of Finance on the yearly progress of activities;

8) Coordination with other public units in the field of public financial inspection. 

 

Financial Autonomy:

The Directorate of Public Financial Inspection is part of the structure of the Ministry of Finance and Economy and it does not have financial autonomy.

 

Web:

https://www.financa.gov.al

E-mail:

info@financa.gov.al

Established by:

Law No.154/2014 “On the organization and functions of the Supreme State Audit”.

 

Mission:

The effective and efficient use of public funds, public and state assets, the development of a proper financial management system, the proper enactment of administrative activities, as well as the periodic reporting to the public and public authorities.

 

Structure:

The institution is headed by the Head of the Supreme State Audit, elected by the Albanian Parliament, with the proposal of the President of the Republic. This position has a 7-year term, without reelection restrictions in the future. The organization, competence and duties of the Supreme State Audit is in accordance with the law and the regulations approved by the head of the institution. Employees of the Supreme State Audit have the status of civil servants.

 

Competence:

1) Audit of the central institutions on their budget enactment;

2) Audit of the gathering of public income;

3) Audit of the use, administration and protection of public funds and public and state assets from central institutions;

4) Audit of the yearly financial statements of central institutions;

5) Audit of internal auditing systems in the public sector;

6) Audit of the use and users of the public funds of the European Union and other international organizations;

7) Audit of the use and administration of public funds and assets by businesses and agencies whose shares are fully or partially owned by the state;

8) Audit of the financial activities in sectors regulated through concession contracts, for the purpose of the protection of public interests;

9) Audit of the use of public funds in political parties, public entities or organizations;

10) Audit of other subjects in accordance with special legislation.  

 

Financial Autonomy:

The Supreme State Audit is an independent and impartial external auditing institution. Its budget is approved by the Albanian Parliament in accordance with the institution’s proposal.

 

Web:

http://www.klsh.org.al

E-mail:

kontakt@klsh.org.al  / klsh@klsh.org.al  / zedhenesi@klsh.org.al

Established by:

Law No. 34/2019 “On the administration of seized and confiscated assets”

 

Structure:

The Agency for the Administration of Seized and Confiscate Assets is a subordinate institution of the Ministry of Interior. Its structure and organization is approved by the Order of the Prime Minister, pursuant to the proposal of the Minister of Interior. Employees of the Agency have the status of the civil servant. The Head-Administration leads the Agency. Employees of the Agency, including its head, have the status of the civil servant.

 

Competence:

1) Administration of the seized and confiscated assets;

2) Safekeeping of material evidence;

3) Requesting from the prosecution the use, alienation or disposal of material evidence in accordance with the provisions of the Code of Criminal Procedure;

4) Administration of the material evidence designated by the prosecuting authority for use or alienation;

5) Sale of seized movable assets that risk losing their value over time, pursuant to the decision of the Inter-Institutional Committee on Measures against Organized Crime;

6) Registration of seized and confiscated assets in the appropriate registries;

7) Drafting of the documentation on the alienation or administration of the seized and confiscated assets by other public entities;

8) Cooperation with other responsible institutions for the sale of confiscated assets;

9) Oversight of the activities of the beneficiary from the special fund on the prevention of criminality;

10) Preparing and administration of periodic statistical reports.

 

Financial Autonomy:

The Agency is a subordinate institution of the Ministry of Interior and it does not have financial autonomy.

 

Established by:

Law No. 8454, dated 04.02.1999 “On the Ombudsman”.

 

Structure:

The Ombudsman is an independent institution organized in the central and local level in accordance with its institutional needs and its budget. The structure of the institution is determined by the Ombudsman, who is also the head of the institution. The Ombudsman is appointed by the Albanian Parliament for a 5-year term, with the possibility of re-election. The Ombudsman Office has 5 specialized sections headed by the Commissioners, who are elected by the Albanian Parliament for a 4-year term, with the possibility of only another re-election. The employees of the administration have the status of the civil servant.

 

Competence:

The Ombudsman is tasked with the protection of rights, freedoms and lawful interests of individuals from the illegal or incorrect actions or inactions of the public administration and other parties that act on their behalf. He is guided by the principles of impartiality, confidentiality, professionalism and independence in his activities for the protection of human rights and freedoms. He is the promoter of the highest standards of human rights and freedoms. His duties also cover the protection of foreign citizens, residents or non-residents, refugees, asylum seekers, and stateless people located within the territory of the Republic of Albania.

 

Financial Autonomy:

The Ombudsman is an independent institution. Its budget is approved by the Albanian Parliament in accordance with the Ombudsman proposal. Financial Accounts of this institution are subject to the Supreme State Audit inspection.

 

Web:

http://www.avokatipopullit.gov.al

E-mail:

ap@avokatipopullit.gov.al