Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
Policy development and coordination
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Policy development and coordination
Yes, the Government has such a system. All the ministries participate in an integrated planning process based on the same methodology. The outputs of this process are the ministries work plans. These work plans are based on the correct application of four concepts of the logical framework: aim, objective, output, activities. The content of the annual legislative programme is extracted from these work plans, thus assuring that the annual legislative programme per se, is not drafted as an independent document from the general ministry work plan where is explained in technical terms the way how the ministry will apply its policies. The organizational structure, procedures and staff allocation needs improvements and this issue was identified and included in PAR Strategy is a measure to be implemented.
No. The level of knowledge related to RIA is still under developed. There are concrete measures to address this issue under PAR Strategy, planned for implementation in 2015-2016.
Yes there is legislation in place. There is not any evaluation completed to inform on the efficiency.
Yes there is legislation for the coordination and approval of the Government strategic priorities, but there is no such legislation for the work programme
No legislation is in place.
Yes there is legislation. There is not any evaluation completed to inform on the efficiency.
No legislation is in place.
No legislation is in place. Despite this fact there is an operational monitoring system in the Prime Minister’s Office in place that monitors legislation, ministries work plans and the government programme. We are currently working on several monitoring projects that will be implemented in the future.
Yes there is legislation. There is not any evaluation completed to inform on the efficiency.
Yes there is legislation. There is not any evaluation completed to inform on the efficiency.
Yes, the Parliament is effectively scrutinising the government policy-making and the specialist legislative committees are effectively carrying out their oversight function, (Please refer for more details to the input of the Parliament, section "Parliament Oversight") Public service and human resources management
The overall legal framework provides a clear scope for the public service, including a horizontal and vertical scope. Law no. 152/2013 “On the civil servant” (amended) defines the horizontal scope of the civil service law, the definition of a civil servant, who the law applies to as well as exceptions of certain categories. Article 4 of the law defines “state administration institution”, “independent institution”, “civil servant”, “cabinet official” and “administrative employee”. Furthermore, DCM no. 142, dated 12.3.2014, on “The Description and Classification of Job Positions in the Public Administration Institutions and independent institutions” determines all state administration institutions which fall within the scope of the civil service legislation. Regarding the provision of a clear vertical scope, Law nr.152/2013 (amended) classifies civil service positions, thereby defining the division based on the category, class and the nature of the position. This is further reinforced through DCM no. 142, dated 12.3.2014.
Following the entry into force of Law no. 152/2013 “On the civil servant” and approval of all relevant secondary legislation, all recruitments pertaining to the civil service are now conducted on the bases of this legislation. DCM no. 893, dated 17.12.2014, “On the rules of organization and operation of advisory cabinets, internal organization of state administration institutions, as well as detailed procedures for preparation, proposal, consultation and approval of internal organization” clearly distinguishes between three different levels of responsibility for performing administrative functions within state administration institutions, namely; political functionaries, civil servants, administrative employees. For public administration institutions, the central coordination unit is the Department of Public Administration, as determined by law 152/2013 “On the civil servant” while for independent institutions as well as local government units, the coordination is done through the human resource management unit in the relevant institution. In order to be able to cope with the increased responsibilities, the structure of the Department of Public Administration has increased to 43 employees (compared to the previous structure with 22). In order to enhance capacity building DoPA’s staff has undergone a number of trainings, organized by the Albanian School of Public Administration, the Regional School of Public Administration as well as the European Institute of Public Administration, in the fields of the new civil service law, project proposal drafting, human resource management, European Union law. DoPA has established and introduced an electronic system for data collection of personnel in public institutions through an online reporting form which is fully operational and filled in monthly by all public administration institutions. The project for the renovation of the HRMIS system is currently on-going and the system upgrade will be implemented firstly in the 16 line ministries and the Prime Minister’s Office. Sub-ordinate institutions will be included in the system gradually and the process is foreseen for completion by the end of 2016.
Recruitment to the civil service is based on the principles of equal opportunities, merit, professional capacity, non-discrimination and is performed through a transparent and fair selection procedure. This selection procedure is based on the assessment of the professional skills of the candidates, through a national concourse, including a written test, an oral test and other appropriate form of verification of skills as well as the assessment of the professional background of the candidates. DCM no. 242, dated 18.03.2015, which provides the relevant procedures for filling in vacancies in the low and mid-level management category, DCM no. 243, dated 18.3.2015 for the filling in vacancies in the executive level position as well as DCM 118, dated 05.03.2014 on the recruitment of top-level management positions, determine that in cases when candidates have equal points: (i) If one of the candidates belongs to the category ‘a person with disabilities’ then this candidate is given priority and chosen as a winner; (ii) If the candidates are of different gender, the candidate which belongs to the least represented gender for that category is ranked first. Civil servants have the legal right to appeal against decisions, which they find unjust. They have the right to file a complaint through administrative and judicial procedures according to the rules provided by the Code of Administrative Procedures and the legislation in force for the judgement of administrative disputes. DCM no. 171, dated 26.3.2014, further details the administrative steps that may be taken by the civil servant against dismissals.
General requirements and admission criteria to the top level management of civil servants in the public administration institutions (TMC) and the top level management of civil servants in the independent institutions and local government units are defined in the Law no. 152/2013 "On the civil servant", as amended. Specific requirements for the level of education, experience and other requirements are defined in the DCM no. 118, dated 05.03.2014 "On the appointment procedures, recruitment, management and termination of the employment relations in the civil service of civil servants belonging to the top level management and members of TMC" and the DCM no. 142, dated 12.03.2014 "On the description and classification of job positions in public administration institutions and independent institutions". Admission criteria into the top level management of civil servants in public administration institutions (TMC) as stated in the CSL can be carried out only by persons who have completed the advanced training program of the Albanian School of Public Administration. (Admission to TMC through ASPA).Exceptionally, until the graduation of the first group of students from ASPA or when resources from ASPA are not enough, the admission to TMC can be carried out through national competition (admission to TMC through Direct Admission Procedure). As a rule, the admission to the ASPA advanced training program for TMC is carried out through national competition, which is open only to civil servants belonging to the category of mid-management and civil servants belonging to the category of senior management in independent institutions and for any other individual, who is not part of the civil service that meets the specific requirements for admission to the TMC. The evaluation of candidates for the admission to ASPA is carried out by the National Selection Committee. To ensure objectivity, professionalism and transparency, the TND National Committee is composed of nine members:
Based on the legislation of the salary system in regard to the salaries of civil servants and the rest of the employees with similar structure to the salaries of civil servants, the salary level is defined by taking into consideration the classification of positions as defined in the new law on the civil servant and DCM no. 142/2014 (above mentioned). The review of payroll system and the adoption of the new wage structure it is foreseen as an activity to be completed during the implementation of the Cross-cutting Public Administration Reform Strategy 2015 – 2020.
The Albanian School of Public Administration offers vocational trainings which include in-depth training program of candidates for the category of the top-level management civil servants, members of the Top-level management Corps and continuous vocational training program for civil servants, as well as any other individual outside the service. All civil servants must undergo a mandatory training offered by ASPA prior to the termination of their probation period. Concerning the establishment of a fair performance appraisal system, DCM no. 109, dated 26.02.2014 sets out the procedure for the appraisal of civil servants performance in state administration institutions, independent institutions and local government units. This serves to make objective decisions about the probation, promotion and dismissal from the civil service, salary steps upgrading, as well as determining the needs for training and professional development of civil servants. DCM no. 243, dated 18.03.2015 as well as DCM no.242, dated 18.03.2015 details, among other things, procedures for lateral transfer and promotion of civil servants in the expert, low and mid-level management category. According to these DCMs and the Guidelines for its proper implementation, evaluation of candidates is based on trainings received and positive performance evaluation received.
Regarding prevention of corruption there is already a law in force on “The Rules of Ethics in the Public Administration” the purpose of which is to set rules of conduct of employees of the public administration, according to the required standards, to help them achieve these standards and to make the public aware of the conduct that an employee of the public administration should have. A general legal framework on conflicts of interest is in place, but effective mechanisms for the implementation/enforcement of conflict of interest rules need to be further monitored and enforced. A specific chapter of this law is dedicated to conflict of interest where it is provisioned that for any possible conflicts of interest of and employee in the public administration, measures should be undertaken to verify, avoid such conflict of interest, inform immediately the direct superior about the actual or possible conflict of interest etc. In addition, it provides that possible conflicts of interest of a candidate for employment in the public administration should be resolved before his appointment. Currently, the public administration in Albania has not in place any system or specific mechanism of assessing the level of integrity or countering corruption in the public service. The only procedural measures fully implemented are the requirement for a clean criminal record of the applicants as well as the confirmation that there are no pending criminal proceedings against the applicant. However no similar measure exits for those civil servants after their confirmation of their status as civil servant. Another important component to be considered while assessing the level of integrity in public service is the supervision and control of accepting/asking gifts and favours by the public administration employees. In a case of doubt about the impartiality of benefits, the employee consults the personnel unit of the institution. Abuse of office is another specific provision which stresses that an employee of the public administration should not use his official duty or permit it to be used in such a way as to encourage or oblige any other person, including his subordinates, to have any financial benefit or any other kind of benefit of a personal interest (including corruption practices). All of these provisions clearly state that there exist measures for preventing corruption. However the government is currently in the process of the public administration reform including anticorruption measures relating to integrity issues. Accountability of administration
State administration institutions are organized under the law no. 90/2012 “For the organization and functioning of the state administration ". Pursuant to this law the DCM no. 893 dated 17.12.2014 “on the rules of organization and operation of advisory cabinets, internal organization of state administration institutions, as well as detailed procedures for preparation, proposal, consultation and approval of internal organization” was adopted. According to the above mentioned law, hierarchical lines are also defined in the act of establishment of every institution, so the main institution (the Prime Minister or the line ministry) from which the sub-ordinate institution created is subordinate to. Therefore, the reporting line of state administration institutions is clearly described in the act of establishment of the institution
In regard to the delegation of powers the provisions are described in the Administrative Procedures Code which is expected to be adopted by the Parliament in second quarter of 2015. Furthermore, in PAR Strategy under the objective "Increasing efficiency and accountability of public officials", one of the activities that will be implemented is: “Application of delegation in institutions”, as a measure to increase the accountability of employees. Increasing the accountability of public officials in the performance of their functions it is a priority. This process aims to shift the decision-making process closer to the position responsible for the function and workload avoidance of the "head of the institution" from operational decisions. This reform will take place in pilot form in some institutions, to spread later in all public institutions. The reform will extend to relations between ministries and subordinate institutions and their territorial branches.
The approval on 18.09.2014 of the Law No. 119/2014 “On the Right to Information” which aims to guarantee information to the public relating to the exercise of the individual rights and freedoms in practice and shapes as well the public views on conditions of the State and of the society, promotes integrity, transparency and accountability of public authorities, increased the powers of the Commissioner’s Office and in the same time gives to it the opportunity to play a key role even in this important pillar. In application of Article 6 and paragraph 2 of Article 8 of the Law No.119/2014 “On the right to Information” it was drafted and approved via Order No. 14 dated 22.01.2015 “The Model Program of Transparency for Public Authorities” of the Commissioner, the standard format “Register of requests and responses” as well as other recommending documents as models, a set which was made available in the official webpage of IDP as well as published in the Official Gazette No. 6, dated 28 January 2015. Starting from September 2014 until April 2015 the Office of the Commissioner filed 92 complaints by legal and natural persons, related to violations and guaranteeing of the right to information. 26 decisions were taken while 17 complaints are still in process, 3 hearing sessions were held and 35 inspections were carried out. The adoption of the Law and required standards has not only completed the legal framework, but it is also an indicative of simplifying procedures easily accessible to all citizens. While difficulties are still being recorded in terms of nomination of the coordinator, in terms of respect of deadlines by public authorities for processing the requests submitted by citizens as well as in terms of sustaining the granting or refusal to provide information.
Regarding the State Audit Institution (SAI) activity and its new legislation under which this institution operates, any right of citizens concerning the good administration of public funds or property, receiving updated information about the results of audits or handling their complaints or indications about the activity of public institutions, is fully guaranteed. The recommendation of the People’s Advocate Institution under the law "On the People’s Advocate " has no legal or binding force, but depends on the implementation of the will of the public administration firstly to reply or to accept the conclusion and suggestion and then to implement it. During 2014, the People’s Advocate Institution has addressed 302 recommendations, among which 209 recommendations are accepted, 24 recommendations have been rejected, 61 recommendations are unanswered and 8 are pending. Also, for 2015, from the People’s Advocate Institution are sent 55 recommendations, of which only 4 cases have received positive responses and solutions to the problems recommended, while for 20 recommendations there is no official response and reaction to the relevant institutions and the rest of the recommendations are under review by the institution. The People’s Advocate Institution highlights the concern that not in all cases is informed or notified to give his thoughts on draft laws and bylaws. Despite that, there have been cases of good cooperation with specific institutions which have consulted not only different acts but also strategies including the People’s Advocate Institution in working groups, such as the group for the strategy and action plan for the fight against corruption, for the public administration reform, etc.
In order to protection constitutional and legal rights of private persons, the administrative activity is subject to:
Section VI of the Code of Administrative Procedure provides for administrative appeal which is bound to be applied by the public administration bodies and consists of effective means of appeal, in compliance with the principles of fair trial. As per Law no. 49/2012 "On organisation and functioning of administrative courts and adjudication of administrative disputes" amended, administrative courts were introduced for the first time. The functioning of administrative courts is of special importance in lowering of the workload in ordinary courts, thus affecting in the holding of a due legal process, in which cases are tried quickly and qualitatively. The administrative courts are organised as follows: 6 first instance administrative courts, 1 appeal administrative court and 1 Administrative College of the High Court. Administrative courts are competent for: a) disputes that arise from individual administrative acts, normative subordinate legal acts and public administrative contracts issued during the exercise of administrative activity by the public organ; b) disputes that arise because of unlawful interference or failure to act by the public organ; c) disputes of competences between different administrative organs in the cases provided by the Code of Administrative Procedures; d) disputes in the field of labour relations, when the employer is an organ of the public administration; e) requests submitted by administrative organs for the examination of administrative infractions as to which the law provides deprivation of liberty up to 30 days as a type of administrative sentence for the infringer; and f) requests submitted by infringers for the substitution of the administrative sentence of deprivation of liberty up to 30 days by a sentence of a fine. Upon the initiative of the Ministry of Justice, the President of the Republic approved Decree no. 7818 dated 16.11.2012 “On setting the number of judges of each court of first instance, court of appeal and administrative court, and also on the setting of territorial competence and main seat of the administrative courts”. The administrative courts consist of 43 judges; 36 judges of first instance and 7 judges of appeal. One of the innovations introduced with the administrative judicial procedure is the issue of the time limits in the adjudication of cases. As regards adjudication by the administrative court it has been decided the principle of trial within reasonable time limits, which implies use of time limits in relation to the nature of the action required to be taken in order not to impact quality of justice and in particular the right of parties to be effectively protected. As regards first instance courts trial, the law does not foresee time limits, but trial must be held within short period and reasonable time limit; as regards adjudication of cases by the Administrative Appeal Court the time limit is 30 days and as regards review of cases by the Administrative College of the High Court, the time limit of 90 days is foreseen. Throughout the period of functioning of administrative courts, justice institutions including: Ministry of Justice, High Council of Justice, Office for Administration of Judicial Budget and School of Magistrates, in line with their scope of activity, have taken legislative and organisational measures to make these courts fully operational.
The Commissioner for the Oversight of the Civil Service has conducted a considerable number of supervisions and inspections from the moment of creation and up to date, at the end of which he has come up with a set of recommendations. There has been noticed a reflection from the state administration institutions, independent institutions and local government units, which have responded positively to the recommendations made by the Commissioner and have taken measures to establish the legality in the administration of the civil service. Directory: files -> documents files files -> Fall 2013 Spring 2014 Program Data: Standard 1 Exhibit 4d files -> Hanban – asia society confucius classrooms network 2010 request for proposal files -> Northern England’s set-jetting locations documents files -> Report: Shelter Support Mission to Afghanistan documents files -> Information and Communication Technologies for Reconstruction and Development Afghanistan Challenges and Opportunities documents files -> Humanitarian Civil-Military Coordination in Emergencies: Towards a Predictable Model documents files -> Rapid Education Needs Assessment Report documents files -> H Report of a Workshop on Coordinating Regional Capacity Building on Gender Responsive Humanitarian Action in Asia-Pacific documents files -> Arizona Department of Administration Risk Management Statewide Motor Vehicle Safety Policy Download 3.84 Mb. Share with your friends:
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