Service delivery to citizens and businesses

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  Is there a policy in place for citizen-oriented administration, including for administrative simplification and e-services, and is it consistently applied?
  

There is no a policy in place for citizen-oriented administration but this is the main thrust of the Program "Innovation against corruption: Building a citizen-centric model in Albania" (ISDA), which is now in the start-up phase. Led by the Minister of Innovation and Public Administration, public service reform, under Good Governance, is one of the six priorities of the Albanian government. This effort is also supported by the new cross-cutting strategy “Digital Agenda of Albania 2015-2020” adopted with the DCM No.284, dated 01.04.2014, with clear objectives related to e-services and other aspects of ICT development in Albania such as Increase and promotion of electronic services, e-services for citizens and businesses with 350 online services. Priority will be to increase transparency and improve public administration services under the principles of the initiative "Open Government Partnership". Furthermore, the management and standardization of the data base of the state will serve as a tool in the functioning and management of information in order to increase services to business and citizens, public safety and the fight against crime. Also, the Albanian Government's aim is to establish a quality service relationship between central and local administration by treating every citizen according to the concept of Customer Care (client) of government services by facilitating access and improving electronic services to citizens and businesses through the provision of the online e-government portal.

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  Is there a coherent legal framework on administrative procedures, limiting special regulations to the minimum, and is it systematically implemented? Is the content of the legal framework satisfactory, defining the principles of good administrative behaviour? Is the right of hearing before the final decision consistently ensured? Are authorities consistently stating reasons for their decisions and inform citizens on the right of appeal?
  

Provisions of the Code of Administrative Procedures are applied by all the bodies of the public administration during the exercise of their functions through individual acts. The general principles of administrative activity provided in this Code are mandatory for all administrative acts, even to those undertaken in the frame of private law. The Code of Administrative Procedures provides for some principles which sanction better administration. For detailed information please refer to Annex I.1.1.

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  Is civil society consulted on administrative decisions having a general impact?
  

Based on law no. 146/2014 "On notification and public consultation" Ministry of Justice has consulted civil society about the draft laws which have a general impact on the society. Article 6 provides that the public bodies are obliged to take all the necessary measures, in order to create the possibility for participation of the public and all the stakeholders in the process of notification and public consultation.

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  Is equal access to public services ensured? Do one-stop-shops/points of single contact for citizens and/or businesses generally exist? Does service provision take into account the needs of special groups such as people with disabilities, foreigners, senior citizens?
  

With regard to access to public services several service-providing institutions have taken measures in this regard. This includes handicap access, certificates in foreign languages etc. Although such practices are not consistent across the board, the issue of accessibility to public administrative services is garnering greater attention and the access to public administration services is included in the PAR strategy.

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  Is there a specific PFM reform programme with a medium-term action plan? Is the programme comprehensive and covers all the relevant PFM sub-systems and issues, including policy-based budgeting (budget preparation), revenue administration and collection, budget execution with cash management, public procurement systems, debt management, public internal financial control, budget inspection, accounting and reporting and external audit?
  

The Albanian Government adopted Public Finance Management Strategy and action plan 2014-2020 in December 2014. This document presents the planned reforms under the following key priorities:

1. 
   sustainable and prudent fiscal framework,
   
2. 
   well integrated and efficient planning and budgeting of public expenditure,
   
3. 
   efficient execution of the budget,
   
4. 
   transparent Government Reporting,
   
5. 
   effective system of internal control at public units,
   
6. 
   effective external oversight of the public finances.
   

• 
  Is budget transparency generally ensured? What are the main outstanding issues?
  

The budget documents, the MTBP and the annual budget law, submitted to the Parliament, are mostly focused on the financial side of the budget, and with little information on the substance of the government budget programme. More ample information on the wider economic context and the Government’s fiscal policies and priorities has been presented in the Economic and Fiscal Programs. But the latter document has, hitherto, only been produced in the first quarter of the fiscal year and thus has not served to inform the Parliament’s process of assessing and deciding on the budget.

1. 
   Improving the information content and quality of the budget documents that go to Parliament (end 2015)
   
2. 
   Improving the information content and quality of the local government budgets (2015-2017)
   
3. 
   Preparing a Citizens’ Budget Guide (end 2015)
   

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  If there is a PFM programme, what are a few main achievements over the past year? What are the key outstanding issues that will be addressed?
  

Among the main activities carried out by the Ministry of Finance in the last year are:

1. 
   Approval of MTBP expenditure ceilings by Parliament.
   
2. 
   Approval of guidelines for public institutions on the settlement and prevention of arrears.
   
3. 
   Approval of the Economic Program for Pre-Accession 2015 (PEP 2015), with the contribution of many institutions contributing in macro-fiscal developments of the country.
   
4. 
   Implementation of new IT system at the General Directorate of Taxation.
   
5. 
   Increased integrity of customs administration, as well as improved capacity and efficiency of customs administration.
   
6. 
   Adoption of a number of laws / regulations in the fiscal area, with the main goal of fiscal consolidation.
   
7. 
   Increased internal auditor’s professionalism through training and drafting of legal changes, in the context of strengthening internal control in public units.
   

Among the key outstanding issues to be addressed in the medium term are:

1. 
   Improved planning and budgeting of public expenditure;
   
2. 
   Improved Tax Administration by enhanced enforcement of fiscal cash registers;
   
3. 
   Transparency and government financial reporting;
   
4. 
   Enhanced implementation of Public Internal Financial Controls;
   
5. 
   Enhanced fight against corruption.
   

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  organizes the competition for the appointment of the candidates for prosecutor and gives its opinion to the General Prosecutor on the appointment of prosecutors, their dismissal, as well as any other initiative with a disciplinary nature;
  

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  examines the work evaluation of prosecutors and submits, for approval, to the General Prosecutor the final assessment report of the prosecutors’ professional skills;
  
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  gives to the General Prosecutor the opinion on the promotion and transferring of prosecutors (moving parallel or similar changes), as well as the candidates for Prosecution Offices’ leaders and their deputies, presenting his opinion on the candidates after their competition procedure;
  
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  gives its opinion for the approval of the Regulation of Prosecutorial Council, by the General Prosecutor;
  
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  makes an inspections annual report and their topics;
  
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  considers and gives the opinion on the assessment of the Minister of the Justice on inspections conducted in the Prosecution Office;
  
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  gives its opinion on draft normative acts of the General Prosecutor, on the unification of prosecution, investigation and trial, and also proposes measures for the internal organization and management of the Prosecution Office or improvement of legislation un criminal matters;
  
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  performs any other task assigned by law.
  

Prosecutorial Council consists of 7 members, 6 prosecutors and 1 representative of the Ministry of Justice entitled to vote. At the Council meeting may also attend a representative of the President of the Republic. Rules for the organization and functioning of the Prosecutorial Council are appointed by the General Prosecutor after having received the opinion of the Council. The meetings of the Prosecution Office are public unless the Council decides otherwise. Prosecutorial Council has no staff and its own budget. Council members are assisted by the staff of the Department of Human Resources of the General Prosecution Office.

1. 
   transfer upon consent of the judge. The rules of filling a vacancy for the first time and classification of candidates by points are followed for this procedure (please refer to the answer to the question 9.2 paragraph a);
   
2. 
   transfer without consent for the need of reorganisation of the judicial system or as a disciplinary measure when the judge is found to have committed a disciplinary violation according to article 33 paragraph c and ç of law no. 9877/2008;
   
3. 
   delegation of judges is done only for certain cases when the judges of a court are unable to try a certain case. HCJ decides on the criteria and manner of delegation of judges, considering geographical distance, individual workload of judges and their assignment to sections.
   

1. 
   he resigns;
   
2. 
   he reaches the age of 65, of retirement;
   
3. 
   he is punished by final judicial decision for the commission of a crime;
   
4. 
   he is discharged from duty because of disciplinary proceedings for the commission of a very serious violation defined by law on organisation of judicial power.
   

Law no. 8811, dated 17.5.2001, “On organisation and functioning of the High Council of Justice, amended by law no. 9448 dated 5.12.2005 in article 2, paragraph "b" and "c" provides for the tasks of the High Council of Justice concerning decision: (i) dismissing judges of the courts of first instance and the courts of appeal and (ii) transfer of judges.

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  be informed in advance and
  
• 
  become familiar with the documentation of the proceeding.
  

His receipt of knowledge is certified by the signing of the respective declaration by the judge proceeded against and by the inspector. If the judge refuses to sign, or cannot be found, the materials are made known to the chairman of the court, against the signature of the latter.

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  to be informed in a clear and detailed manner of the facts accused, the violations and the sanctions that might be set as well as the inspector who is assigned;
  

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  to formulate claims and requests;
  
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  to become acquainted with the documents of the disciplinary proceeding and to deposit sufficient evidence;
  
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  to have the assistance of a lawyer or colleague during the proceeding and to be heard in his presence.
  

But, new and heavier rules may not be applied against a judge in a proceeding that has previously begun and a judge may not be proceeded against for the same acts and conduct of which he has been tried in a prior disciplinary proceeding.

The prosecutor, against whom a disciplinary proceeding has begun, has the right to defend, presenting himself and / or by his counsel chosen by the Prosecution Council, which is bound to hear and verify the raised claims.

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  Deputy chair of the HCJ;
  
• 
  Minister of Justice or a representative from the Ministry of Justice, at a lower administrative/management level- Director of Directorate;
  
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  Three members of the HCJ elected by the National Judicial Conference;
  
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  One member of the HCJ elected by the Parliament;
  
• 
  Chief inspector of the HCJ.
  

The committee upon the end of the deadline defined in the public announcement shall identify in a reasoned document the candidates who meet the legal criteria to be appointed judges, indicating in a separate list, the candidates who do not meet these criteria. For each candidate who meets the legal criteria, the committee as well points out: - results of completion of graduate or postgraduate studies; - seniority as jurist; - results of work; - various training or specialisation; - data on studies conducted or publications in the legal area; - data on the moral position; - data on the disciplinary measure or any other data which shows superiority over others. When deemed by the committee, exam is organised for the candidates who pass the legal criteria, by notifying them 10 days prior to the exam. This committee follows the same procedure even to fill the vacancies in the courts of appeal.

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  Capacity in performing the duty;
  

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  Seniority in the profession of the judge;
  
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  Other circumstances.
  

In reviewing the candidacies for a vacancy, the committee shall make a ranking by points of the candidates, according to the following criteria:

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  Capacity in the exercise of the duty, maximum 3 points;
  

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  Seniority in the profession of the judge, maximum 3 points;
  
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  Other circumstances, maximum 1 point.
  

Following this, the HCJ shall elect the judges by voting in the plenary and it shall propose them to the President of the Republic to be decreed. The judge appointed for the first time must take the oath in a public ceremony at the HCJ premises.