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Law Enforcement – Albania Anti Corruption Institutional Framework

Investigation and Monitoring:

Established by:

Decision of the Council of Ministers No. 241, dated 20.04.2018 (no longer in force), replaced by Decision of the Council of Ministers No. 516, dated 01.07.2020.

 

Membership:

Minister of Justice as the NCAC (head), representatives of the cabinet of the Prime Minister, General Director of the Public Procurement Agency, General Inspector of the Central Inspectorate, and representative of the Administration, Transparency and Anticorruption Department at the prime ministry.

 

Competence:

1) Determination of priorities for the internal control;

2) Coordination, through a detailed controls program in accordance with their risk assessments, of the process of evaluation of legality, quality and transparency in institutions that offer services to the public;

3) Oversight of the monitoring process of contracting authorities in the field of public procurements;

4) Establishment of special inspection groups of specialists from central institutions, tasked with the control and evaluation in accordance with Law No. 10433, dated 16.06.2011 “For the Inspection in the Republic of Albania” and the Decision of the Council of Ministers No. 94, dated 15.02.2006 “For the Adoption of the Regulation for Functions and Procedures of the Internal Administrative and Anticorruption Control of the Council of Ministers”;

5) Recommends to the National Coordinator against Corruption proposals, improvements, or the adaption of legal acts to address mistakes, inconsistencies or barriers to achieving the set objectives.

 

Financial Autonomy:

Inter-institutional Anticorruption Task Force does not have financial autonomy.

Established by:

Decision of the Council of Ministers No.209, dated 26.02.2020.

 

Mission:

The Coordination between ministries, central institutions, subordinate institutions of the prime ministry or ministries, governor’s administration and businesses with full or partial public capital in the investigation and fight against corruptive or arbitrary practices. 

 

Structure:

The Special Anticorruption and Antievasion Unit is a central subordinate institution of the Prime Ministry. The Unit has a General Director, who is appointed by the Prime Minister. He is responsible for the organization of the Unit’s activities, and reporting to the Prime Minister. The Unit consists of full and part time employees from subordinate institutions of the Prime Ministry, Ministry of Interior and the Ministry of Finance and Economy.

 

Competence:

1) Oversight of inspection institutions;

2) Coordination of institutions for the initiation of administrative investigations or audits;

3) Gathering, analysis and verification of evidence from different sources;

4) Referral of corruptive practices that could amount to a criminal offence to the appropriate prosecution office;

5) Verification and control of institutions to ensure the investigation of corruptive practices referred to them;

6) General or specific inspection of these institutions;

7) Fulfillment of the duties assigned by the National Committee against Corruption and Evasion, and reporting to the latter on the appropriate measures taken on specific cases;

8) Offer of consulting services and expert training in cooperation with public and private institutions on the best practices for the prevention and fight against corruption;

9) Coordination with the NCAC and the Network of Anticorruption Coordinators for the pursuit, analysis and punishment of corruptive and arbitrary practices;

10) International cooperation and coordination on the prevention and fight against corruption.

 

Financial Autonomy:

As a subordinate institution of the prime ministry, the Unit does not have financial autonomy. However, its employees in accordance with their working status (full or part time) receive an additional monthly payment on their salaries.

 

Investigation:

Established by:

Law No.108/2014 “On the State Police”.

 

Structure:

The General Directorate of the State Police is the central administrative and technical structure of the police. It is headed by the General Director, who is the highest executive, administrative and operational authority, and reports directly to the Minister. The General Director is nominated by the Minister of Interior and appointed by the Council of Ministers. The Director is assisted by a Deputy General Director, nominated by him and appointed by the Minister of Interior. 

 

Competence:

1) Management of the police activities;

2) Coordination between different structures for: the drafting and enactment of responsibility strategies, including the enactment of the Anti-Corruption Strategy 2015-2023; the drafting and enactment of recruitment, education and training of the police forces; the enactment of international agreements;

3) Planning and leading operations and investigations nation-wide;

4) Strategic coordination in case of emergencies, and national and international activities;

5) Technological and scientific researching in the field of security;

6) Drafting of studies, periodic risk assessment and other analysis to ensure the fulfillment of the police duties;

7) Public awareness regarding the specific police duties;

8) Cooperation with other law enforcement agencies and state institutions in maintaining law and order and the prevention and investigation of criminal activities;

9) Cooperation with national and international organizations, as well as non-governmental organizations to ensure the proper protection of human rights and freedoms;

10) Gathering and analysis of police data to ensure the fulfillment of its duties;

11) Planning and management of its budget, other financial sources, the infrastructure and other assets under administration;

12) Notifies the Commissioner for the Protection of Personal Data regarding the type of data the police gathers and administers;

13) Fulfills other police duties in accordance with the law.   

 

Financial Autonomy:

The General Directorate of State Police is a subordinate institution of the Ministry of Interior, and as such, it does not have financial autonomy.

 

Web:

http://www.asp.gov.al/index.php/en/

E-mail:

policiaeshtetit@asp.gov.al

Established by:

Law No.70/2014 “On the Internal Control and Complaints Service at the Ministry of Interior”.

 

Structure:

Internal Control and Complaints Service is centralized structure and it is organized in central and local levels. The central level of the Service consists of the General Directorate, while the local level is organized in directorates and sectors. It is headed by the General Director, appointed by the Minister of Interior. Service employees have the attributes of the Judicial Police. Employees of the supporting administration have the status of the civil servant.

 

Competence:

1) Prevention, discovery and investigation of criminal offences and other violations committed by law enforcement employees exercising their duty or because of their duty;

2) Inspection and addressing of complaints against law enforcement employees for non-fulfillment of their duties;

3) Ensuring the integrity of law enforcement employees;

4) Verification of the law enforcement employees’ assets in cases of complaints against them;

5) Analysis, studies and general recommendation based on inspections and investigations on important aspects of the organization and functioning of law enforcement and the public expectation of law and order.

 

Financial Autonomy:

Internal Control and Complaints Service is a subordinate institution of the Ministry of Interior and it does not have financial autonomy.

 

Web:

https://shcba.gov.al/

E-mail:

info@shcba.gov.al

Established by:

Memorandum of Cooperation between the Minister of Interior, Minister of Finance and the Director of the State Intelligence Service, dated 22.05.2007 “For the establishment of the Joint Investigation Unit for the investigation of financial crime and corruption”.

 

Structure:

Each participating institution establishes its appropriate investigation and coordination structure.

 

Competence:

The Unit’ substantive jurisdiction covers several criminal offences pursuant to the Albanian Criminal Code:

1) Theft as abuse of public office;

2) Abuse of Public Office;

3) Bank, Social Security and Subsidies Fraud;

4) Corporate crimes;

5) Customs offences;

6) Tax and duties offences;

7) Counterfeiting of money and goods;

8) Fraudulent and pyramid schemes;

9) Terrorism funding;

10) Active and passive corruption of public or elected officials;

11) Undue influence of public or elected officials;

12) Money laundering; and other related criminal offences.

 

Financial Autonomy:

The Joint Unit does not have financial autonomy.

Established by:

Decision of the Council of Ministers No. 94, dated 15.02.2006 “For the approval of the regulation on functions and procedures of the internal administrative and anticorruption control at the Council of Ministers”, revised and restructured in 2013.

 

Competence:

The Department verifies and inspects all the ministries, central subordinate institutions of the prime ministry, the governor’s administration and businesses with partial or full public capital.

1) Examination and analysis of work practices and procedures in the public administration for the identification, reduction and prevention of corruption;

2) Verification of the lawfulness of administrative acts of the public administration;

3) Proposal to the Prime Minister of general and individual administrative [disciplinary] measures in accordance with the results of inspections;

4) Pursuit of duties assigned by the Council of Ministers or the Prime Minister;

5) Offering of consultation services, training expertise in cooperation with the Department of Public Administration, in the field of the prevention and fight against corruption and the promotion of the best practices;

6) Promotion of awareness in the public administration on anticorruption cases;

7) Periodic reports on anticorruption measures by the ministries and their subordinate institutions.

 

Web:

https://www.kryeministria.al  and  http://www.ikmt.gov.al/

E-mail:

info@kryeministria.al  and  media@ikmt.gov.al

Prosecution

Established by:

Law No. 97/2016 “On the Organization and Functioning of the Prosecution [Offices] in the Republic of Albania”.

Structure:

The structure is headed by the General Prosecutor, who is appointed by the Albanian Parliament among the three candidates nominated by the High Prosecutorial Council. He is assisted by a Deputy General Prosecutor. The standard structure of the institution is approved by the General Prosecutor, in accordance with the number of prosecutors as approved in the yearly budget by the Albanian Parliament. The status of the General Prosecutor and other prosecutors is regulated in accordance with specific legislation, while other employees of the administration (non-prosecutors) have the status of civil servants.

Competence:

1) The General Prosecution Office has national jurisdiction in the territory of the Republic of Albania and it represents the state before the High Court and the Constitutional Court, with the exception of cases that fall within the jurisdiction of the Special Prosecution Office;

2) The General Prosecutor is responsible for the work of both the General Prosecution Office as well as the prosecution offices within the jurisdiction of the Courts of First Instance and Courts of Appeal;

3) Drafting of general guidance for prosecutors of the general jurisdiction, and oversight of their enactment;

4) Ensuring a good work pace in the administration of the prosecution offices of general jurisdiction;

5) Proposal and administration of the budget of prosecution offices of general jurisdiction;

6) Periodically reporting on the state of criminality;

7) Drafting of general guidance for the officers of Judicial Police;

8) Drafting of the general structure of organization and functioning of prosecution offices of the general jurisdiction;

9) Represents the prosecution in relation to other parties and the mutual assistance in cases of general jurisdiction;

10) Ensuring the legal and constitutional fulfillment of prosecutorial duties;

11) Leads, coordinates and oversees the activities of the Judicial Police;

12) Requesting the investigation of disciplinary offences by the officers of the Judicial Police;

13) Statistical reporting to the Ministry of Justice;

14) Requesting the special inspection and investigation by the High Inspector of Justice on individual offences;

15) Administration of the wire-tapping system in accordance with specific legislation.

Financial Autonomy:

The General Prosecution Office, as well as other prosecution offices of the general jurisdiction are independent institutions. Their budget is approved by the Albanian Parliament, in accordance with the proposal of the General Prosecutor.

Web:

http://www.pp.gov.al

E-mail:

info@pp.gov.al

The Specialized Structure Against Corruption and Organized Crime

Established by:

Law No. 95/2016 “On the Organization and Functioning of the Institutions [responsible] for the Fight Against Corruption and Organized Crime”.

Structure:

The Special Prosecution functions in an independent manner through special prosecutors appointed by the High Prosecution Council. Its structure is organized in accordance with the legislation on the organization and functioning of the prosecution of general jurisdiction. Its administrative employees (non-prosecutors) have the status of the civil servant.

Competence:

The Special Prosecution represents the state (charges) before the Court of First Instance against Corruption and Organized Crime, the Court of Appeal against Corruption and Organized Crime and the High Court in cases of corruption, organized crime and other criminal matters in accordance with its jurisdiction. It takes measures to enforce criminal judgements and oversees their enforcement. Each special prosecutor can investigate and prosecute other special prosecutors or judges of the special courts on the basis of a reasonable suspicion for the perpetration of a criminal offence.

Financial Autonomy:

The Specialized Structure against Corruption and Organized Crime is an independent set of institutions. Its budget is approved by the Albanian Parliament in accordance with the budget proposal of the Head of the Special Prosecution. The budget of the Specialized Structure is composed of the budget of the Special Prosecution, National Bureau of Investigation, and that of the officers of the Judicial Police.

Web:

https://spak.al/

E-mail:

info@spak.al

Established by:

Law No. 95/2016 “On the Organization and Functioning of the Institutions [responsible] for the Fight Against Corruption and Organized Crime”.

Structure:

The internal structure of the National Bureau of Investigation is determined by the Joint Order of the Director of the National Bureau of Investigation and the Head of the Special Prosecution Office. National Bureau of Investigation is composed of the Director, assisted by a Deputy Director, the investigators who have the status of the Officer of the Judicial Police, as well as the employees of the administration who have the status of civil servants. It also has the Services of the Judicial Police composed of the Officers of the Judicial Police from the State Police and other institutions under the administrative direction of the Deputy Director of the National Bureau of Investigation and under the procedural investigation direction of the Special Prosecution.

Competence:

The National Bureau of Investigation is a specialized structure of the Judicial Police that investigates the criminal offences under the jurisdiction of the Special Prosecution.

Financial Autonomy:

The Specialized Structure against Corruption and Organized Crime is an independent set of institutions. Its budget is approved by the Albanian Parliament in accordance with the budget proposal of the Head of the Special Prosecution. The budget of the Specialized Structure is composed of the budget of the Special Prosecution, National Bureau of Investigation, and that of the officers of the Judicial Police.

Web:

https://bkh.al/