Annual progress report 2015 albanian contribution – input I september 2014 – may 2015 table of contents
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- I. POLITICAL CRITERIA Introduction
- 1. Democracy and the Rule of Law 1.1. The Parliament
- Assembly Action Plan for implementing the recommendations of the EU Progress Report 2014 on Albania
- 1.2. Elections
ANNUAL PROGRESS REPORT 2015 ALBANIAN CONTRIBUTION – INPUT I SEPTEMBER 2014 – MAY 2015 TABLE OF CONTENTS Translating and adopting the guideline on the implementing priorities of the commission on the implementation of article 82 of the EU Treaty for the abusive behaviors of the dominant undertakings (2009/C 45/02) (OJ C 45, 24.2.2009, p. 7–20) (52009XC0224(01) 153 I. POLITICAL CRITERIA Introduction The focus of the work for the Government of Albania, during the reporting period was implementation of the obligation stemming from the Stabilization and Association Agreement and addressing the recommendations of the European Commission Progress Report 2014. In order to address the 5 key priorities of the European Commission, the Albanian Government has continued with the implementation of the Roadmap for Five Priorities. 1. Democracy and the Rule of Law 1.1. The Parliament During the reporting period the Parliament of the Republic of Albania has taken concrete measures to address the recommendations of the Progress Report of the European Commission (EC) for Albania for 2014, which relate to the conditions for opening accession negotiations with the European Union. Thus, the Parliament has started work on judicial reform, improving the regulatory framework for the decriminalization of Parliament, the adoption of laws as a part of the Roadmap to address the 5 priorities of the EC. The political agreement of 24 December 2014 brought the improvement of political climate and restored the parliamentary debate. This Law significantly strengthens the legislative role of the Parliament. Recent amendments to the Electoral Code sanctioned the establishment of gender quotas at 50% for local councils. During this period 11 important laws, requiring a qualified majority, were approved. Some of them were adopted in implementation of the Roadmap for 5 key priorities. Functioning of the Parliament on the basis of a constructive political dialogue Strengthening a constructive political dialogue between the parliamentary majority and the opposition was one of the main priorities of the Assembly during the reporting period. A political stalemate created in July 2014, when the opposition started to boycott the Parliament, was resolved by adoption of a Resolution on 24 December 2014. In this Resolution the political parties represented in the Albanian Parliament recognized that the political dialogue should take place in Parliament and they also agreed to respect the Constitution and to implement the decisions of the Constitutional Court for setting up committees of inquiry. It was also agreed that the opposition would return to the Parliament and guarantee its full involvement in parliamentary life and the design of a legal framework for the decriminalization of Parliament, by 30 June 2015. With the beginning of the new parliamentary session in January 2015, the opposition returned to the Parliament and it is an active part of parliamentary life. Furthermore, all parliamentary investigative committees required by the opposition have been set-up. On 19 February 2015 the Albanian Parliament approved the Decision no. 32/2015, "On the establishment of the Ad hoc Parliamentary Committee on the implementation of the issues of the resolution for the agreement between the majority and the opposition in the Parliament". This Ad hoc Committee aims at implementation of the Resolution adopted by Parliament on 24 December 2014. The Ad hoc Committee consists of 7 members, of whom 4 are representatives of the parliamentary majority and 3 representatives of the parliamentary minority. A representative of the parliamentary minority chairs the Ad Hoc Committee. During the reporting period the Committee held three meetings during which a working programme was approved and a discussion about possible experts to assist its work took place. The eighth meeting of the EU-Albania Stabilisation and Association Parliamentary Committee (SAPC) was held in Tirana on 16-17 March 2015. The two co-Chairman of SAPC at the end of the meeting issued a joint statement in which they emphasised that granting of candidate status to Albania in June 2014 is considered as recognition of steps and reforms undertaken as an incentive for further reforms. They expressed their full support for the timely implementation of the cross-party agreement of 24 December 2014emphasizing the importance of political dialogue and consensus as stipulated in the Agreement as well as the need for a sustainable cross-party cooperation regarding the reforms required for the EU membership. The Legislative Function During the reporting period the Parliament reviewed and approved 218 parliamentary acts (107 laws, 106 decisions and 5 resolutions)1. The legislative role of the Parliament has increased considerably, as the number of legal initiatives proposed by the members of Parliament has doubled. This has increased the ration between parliamentary and governmental proposals by 15%. The Assembly discussed and approved laws providing for important reforms and serving the main goal of the Albanian foreign policy that is future membership of the European Union. The Parliamentary Standing Committees examined 115 draft laws. An important quantitative indicator of work improvement in parliamentary standing committees is the high number of proposed amendments 724, compared to 363 amendments, proposed for the same reporting period in 2014. During this period, the Assembly has significantly strengthened its reviewing role concerning the control of compliance of draft-laws proposed with the EU acquis. In this respect an important role was played by the Committee for European Integration, which during the reporting period reviewed 30 draft laws and proposed 62 amendments. Out of 30 draft laws reviewed and approved by CIE and/or the Assembly, 3 aimed at partial approximation2 and 3 at full approximation3 with EU acquis. The Parliament, in the plenary session held on 5 March 2015, adopted by consensus the Law no. 15/2015 "On the role of Parliament in the process of integration of the Republic of Albania in the European Union". This law aims to strengthen the role of Parliament in the process of integration into the European Union. It also provides for the creation of the National Council for European Integration. Adoption of laws that required a qualified majority During the reporting period the Albanian Parliament passed 11 laws that required a qualified majority, including amendments to the Electoral Code, Law on the High State Audit, amendments to the Organic Law on the Ombudsman and amendments to the Law on Civil Servants. On 18.12.2014, the Parliament approved the Law No. 177/2014 "For some amendments to Law no. 8588, dated 15.03.2000 "On the organization and functioning of the Supreme Court" as amended". The reason for undertaking this legal initiative was the stalemate between the President and the Parliament in appointment of judges to the Supreme Court. Recent amendments to the Organic Law of the Supreme Court (May 2013) stipulated the obligation of the President of the Republic, that after the drafting the final list of candidates who meet the legal criteria for members of the Supreme Court, to consult with the heads of parliamentary groups, in order to set specific criteria, based on the list of candidates, in accordance with the constitutional requirement for high qualification, to ensure a qualified and appropriate composition of the Supreme Court. Nevertheless, since then, 3 vacancies are opened in the Supreme Court, and 7 Decrees of the President were rejected in Parliament. The legislative initiative aims to address this legal stalemate, stipulating the establishment of a Nomination Council for the Supreme Court. The members of the Council will be seven ex officio members4 and will serve as an advisory structure to the President of the Republic, established to verify the fulfilment by the candidates to become members of Supreme Court, of the legal requirements and additional objective criteria, and their ranking. The Nomination Council, after reviewing the documentation for each candidate, prepares a written report, which is published on-line at the website of the President. On the basis of this report prepared by the Council for Nominations, the President of the Republic holds the consultations with parliamentary groups and at the end of this procedure, the President in his conviction, issue the decree for the appointment of the member of the Supreme Court. This law was consulted with Euralius IV, OPDAT and the OSCE Presence, which have supported the contents of this legal initiative arguing that increasing the transparency of the selection process and empowerment of additional objective criteria in the appointment of members of the Supreme Court is a step forward. On 2.4.2015 the Parliament passed two important laws, amendments to the Electoral Code and amendments to the law on the organization and functioning of local government. Law no. 31/2015 "On amendments and addenda to Law no. 10019, dated 29.12.2008 "The Electoral Code of the Republic of Albania" as amended ", addresses the issues highlighted in the OSCE / ODIHR reports in the past elections, and reflects the recent changes related to the territorial administrative reform. One of the major changes that this law brings about is the definition of gender quotas at the level of 50% in local councils. The law provides for legal obligation that 50% of candidates on the lists for members of municipal councils must be women, and the right of CEC to reject lists that do not respect these criteria. Law No. 30/2015 "On some amendments and addenda to Law no. 8652, dated 31.7.2000, "On the organization and functioning of local government" as amended", aims to harmonize the organization and functioning of local government units, with the latest changes brought by administrative territorial reform. Parliamentary Control Following the publication of the Progress Report 2014 of the European Commission for Albania, the Standing Committees of the Assembly organized, according to their areas of responsibility, 11 hearings sessions with line ministers and officials of the constitutional institutions and those established by law. The Committee on Legal Affairs, Public Administration and Human Rights has held 8 hearing sessions regarding the European Commission Progress Report 2014 on Albania. Committee for European Integration (CEI), during this period organized three public hearings with the line ministers relating to the obligations stemming from the European Commission 2014 Progress Report. Also during this period, there was a significant increase in the number of hearings sessions and questions addressed to the representatives of public institutions, compared with the same period last year. Parliament has exercised control not only over the executive, but also over constitutional bodies or those established by law. In January 2015, the Conference of Chairmen, based on Article 103 of the Rules of Procedure of Assembly and on the relevant provisions of organic laws of the constitutional bodies and those established by law, approved the calendar of the submission of the annual reports of these institutions for 2014. The calendar provides for the time limits within which independent institutions shall submit the report to Parliament, the parliamentary committee responsible for reviewing these reports and the time within which parliamentary committees should examine the reports of these institutions. During the reporting period 3 resolutions were approved, through which the Assembly assessed the annual activities in 2014 of three institutions created and has also assigned them tasks and objectives to be met for 20155. The Subcommittee "For Human Rights", as part of the Parliament Standing Committees, held 5 meetings and 2 visits to the penitentiary institutions. By the end of 2014, the Subcommittee on Human Rights and the Subcommittee on Juvenile Affairs, Gender Equality and Domestic Violence, in two joint meetings reviewed two separate reports of Ombudsman, the first is for the rights of LGBT persons and the second for blood feud. Also in January 2015, these two subcommittees have held a joint hearing session, during which they reviewed the special report of the Ombudsman concerning violence against women. The Subcommittee "On Local Government" during the reporting period organized 1 hearing session with representatives of the Council of Europe and stakeholders6 for the draft-law "On amendments and addenda to the Law No. 8652, dated 31.7.2000," On the organization and functioning of local government " as amended". For the reporting period, based on the request of the Parliamentary opposition, 2 Parliamentary Inquiry Committees were set up:
Electoral Function In fulfilment of the constitutional and legal obligation for the election of the constitutional bodies or those created by law, Parliament, during this period, examined the applications for filling the vacancies created in the constitutional bodies or those created by law, by taking the respective decisions. During this period, the Assembly elected, appointed or given its consent for the appointment of 30 Chairmen and / or Members in constitutional institutions or those created by law (2 members of the HCJ, the Governor of the Bank of Albania, 3 members of CEC, Commissioner of Supervision of Civil Service, General Inspector of Bank of Albania, etc.). During the required reporting period, the Parliament in the exercise of its constitutional function in the cases required to give its consent, has not given its consent for 4 members of the Supreme Court proposed by decrees of the President of the Republic. Parliamentary procedures of reviewing the nominations were carried out in full transparency and candidates underwent public hearings in parliamentary committees. Strengthening transparency and administrative capacity of the Parliament Assembly Action Plan for implementing the recommendations of the EU Progress Report 2014 on Albania The Parliament of Albania, after an extensive consultation with all decision-making bodies and stakeholders of the Assembly, adopted an Action Plan for implementation of the recommendations of the 2014 Progress Report of the European Commission for Albania. This action plan sets out five objectives / main directions of work for 2015:
The implementation of measures/ activities foreseen in the Action Plan is continuously monitored. The Action Plan is being implemented smoothly by the responsible structures of the Parliament and the progress in its implementation is monitored periodically. Increased cooperation with civil society During this period, the Parliament has further improved its transparency and strengthened cooperation with civil society. In November 2014, the Parliament adopted the "Manual for public participation in the decision making process of the Parliament7". This manual, developed in a consultative process and with the assistance of the OSCE, is a tool to promote and ensure the participation of civil society in legislative and supervisory function of the Albanian Parliament. The manual outlines the existing mechanisms of public participation in Parliament, and it also aims to provide the opportunity for public starting from the simplest citizens to non-profit organizations to be transformed from passive observers of legal policies which impact them to active participants in the development of the community where they belong and to providers for the improving these policies. The manual also provides the compilation of the annual report by the Parliament on cooperation with civil society and the development of an annual conference on issues of cooperation with civil society, which will be an annual forum of juxtaposing the work done by the Parliament, expectations of the civil society and finding the best ways of cooperation in this regard. On 24.12.2014, the Parliament adopted a Resolution for recognizing and strengthening the role of civil society in the democratic development of the country8. Through this resolution the Parliament recognizes that the existence and strengthening of the civil society is not merely an expression of a pluralist democracy, but a necessity for a democratic and transparent governance and is committed to realizing the process of cooperation with civil society, based on the principles of participation and inclusion, respect and reciprocity, partnership, accountability and independence. The Parliament also engages in the development of a transparent and inclusive process of consultation with civil society actors and stakeholders in the law making process, by ensuring transparency, public participation in policy and decision-making processes of public bodies, in accordance with the law “On public notification and consultation”. During the reporting period, the Public Relations Unit of Parliament organized visits and facilitated the issuance of permits to interested persons and entities (university students, representatives of various organizations of civil society), who wish to visit the Parliament or participate in the proceedings of the parliamentary standing committees or parliamentary plenary sessions. During this period, 450 people participated in plenary sessions, committees or the joint activities organized with civil society, as for example a group of marginalized children on the 20th anniversary of the Convention on the Children's Rights. During this period the Sector of People Reception, Letters and Petitions in Parliament increased the efficiency of its work, addressing all complaints received from citizens, in the shortest time possible. Everyone is received, carefully listened to and assisted where possible, or is advised and directed, where needed. During the reporting period, this sector gave 242 written responses to citizens' requests and received 161 citizens, advising and / or orienting them about the demands presented by them. Public Relations Department in the Parliament worked closely with media for the coverage of parliamentary activities. During the reporting period a total of 648 information materials was published. During the reporting period the Parliament opened 2 Infopoints to inform electronically on the working of Albanian Parliament (Plenary Sessions and Committees Meetings). This project was made possible thanks to the cooperation with the OSCE. Strengthening of the administrative capacities of the Assembly During this period, the administrative capacity of the Parliament was further strengthened by continued training of all parliamentary services in various fields, especially by exchanging experiences with EU member countries. The staff of the Parliament participated in training programs developed by the School of Public Administration (ASPA), as part of on-going training program, but also for the initial formation (78 employees). Also a considerable number of civil servants (33 employees) has participated in training programs within the country and abroad offered by different organizations (EU, OSCE. CoE etc.). The activity of parliamentary ad hoc committee on justice reform Albanian Parliament by Decision No.96, dated 27.11.2014 approved the establishment of the Ad Hoc Parliamentary Committee on Justice System (hereinafter the "Ad Hoc Committee"), a parliamentary structure provided for in the Article 77/1 of the Constitution. Based on the above decision of the Parliament, the Ad Hoc Committee will have 11 members, 6 from the majority parliamentary groups and 5 from the opposition parliamentary groups. The Chairman will belong to the majority parliamentary groups, while the deputy chairman will belong to the opposition parliamentary groups. In the accompanying report of the Decision No.96/2014, the following issues are addressed: i) the need for reform, ii) objectives and the expected outcomes of the reform, iii) the methodology of work, iv) phases of activity in order to fulfil the objectives of the Ad Hoc Parliamentary Committee. With Decision No.104, dated 04.12.2014 the Albanian Parliament approved six members nominated by the parliamentary groups of the majority. After its return to the Parliament, the opposition has not yet sent for approval in plenary session, the names of its members at the Ad Hoc Committee. The first constitutive meeting of the Ad Hoc Parliamentary Committee for the Reform on Justice System was held on 22.12.2014. The Ad Hoc Committee decided that in the spirit of inclusiveness and inclusion of all stakeholders in this process, the group of high level experts will consist of personalities, who will be selected by the institutions themselves and the international organizations that assist Albania in the field of justice. By Decision No.2 and No.3/2014 of the Ad Hoc Committee addressed to the Venice Commission, Euralius Mission IV, OPDAT and USAID Mission of the United States, the OSCE Presence, Slynn Foundation of the UK, Soros Foundation, the Supreme Court, The High Council of Justice, the National Bar Association, the School of Magistrates, University of Tirana, the Ministry of Education and Sports, Ministry of Justice, to propose the names of experts who are already part of the Group of High Level Experts. Special Committee noted with concern that Secretary General of the Supreme Council of Justice, forwarded the decision of the President of the Republic, in his capacity of Chairman of the High Council of Justice, not consulted with members of this constitutional body, to not bring any representative in the quality of expert from this constitutional institution. Based on Decision No. 7/2015, at the Ad Hoc Parliamentary Committee the High Level Experts Group was appointed. It is composed of 20 local and international experts, including Mr. James Hamilton and Mr. Luan Omari, who are former members of the Venice Commission. The High Level Experts Group is divided into 6 sub-working groups, respectively i) sub-group of constitutional institutions; ii) sub-group on the efficiency of the judiciary system, iii) sub-group on criminal law; iv) sub-group of higher education law; v) sub-group of liberal professions; vi) sub-group of anticorruption measures. All sub-working groups organise on weekly basis working meetings. The work of Ad Hoc Committee and the High Level Experts Group is supported by a technical secretariat, which consists of legal advisers to the Parliament of Albania and the institutions of the justice system, but through a public announcement are invited to contribute all those persons who have been educated abroad, as part of the technical secretariat (Decision No. 4/2014 of the Ad Hoc Committee). At the Technical Secretariat are also invited to contribute experts of law enforcement agencies in Albania, including the National Coordinator against Corruption, the High Inspectorate for the Declaration and Audit of Assets, and Conflict of Interest, the General Directorate of Prevention of Money Laundering, the State Attorney, and the Office for the Management of the Judiciary Budget. In order to guarantee inclusiveness of the process, the Ombudsman was also invited to contribute. This is justified by its mandate that covers, inter alia, guarantying and strengthening the rule of law as well as respect for freedoms and human rights. A network of public consultation with justice professionals of more than 1,400 professionals in the field was created. All participants are invited to inform and provide their input online for each document of the Ad hoc Committee. Judges, public prosecutors, the academic community, lawyers, independent consultants, experts of banks association and mediators association, young professionals in the field, as well as representatives of all civil society organizations operating in this field are already included in this network and have expressed the will to actively contribute to this process. Also, based on the public call persons who have distinguished professional experience in each of these fields or sub-areas, which will be covered by the justice reform, have also become part of the consultation group. Among them, are selected some experts who will be part - time consultants to the working subgroups, who are mostly young professionals, who have or are in the process of completing their specializations abroad in the field of justice. In response to the public call published on the internet, there are also legal experts coming from Italy, the United Kingdom, Canada, USA, and Austria who have expressed their interest to contribute on-line in this process for specific areas. By the end of the reporting period the Ad Hoc Committee was completing the first phase of its operation. By Decision No.1/2014 of the Ad Hoc Committee, the Ministry of Justice was asked to draft an analysis of the current state of the system, to identify the problems and needs for improvement. The initial draft forwarded by the Ministry of Justice was discussed for two months in the work sub-groups of experts during their weekly working meetings. A preliminary draft document on analysis of the justice system had been prepared and distributed for a final assessment of the High Level Experts and external consultants of relevant subgroups. Within May, the document: "Analysis of the Justice System in Albania - 2015" will be completed and will be made public. On the basis of this document will be drafted and approved a Strategic Document for the objectives that the reform will meet, a document which will be submitted to the Parliament for approval, through voting in plenary session. At its meeting on 02.04.2015, the Ad Hoc Committee, with Decision No.11 adopted the structure of some documents on which working groups will work during the second phase of the activities of the Commission, namely: a) the structure of the strategic document b) the structure of the action plan and c) the structure of the document on the identification of laws and legislative measures that are necessary in the context of this reform, which will be subject to a more detailed analysis in the third phase. Already 6 Sub-working groups are working on the second phase of the process: i) elaboration of the draft-strategy, ii) drafting of the action plan and iii) draft analysis of expected constitutional and legal changes which are proposed. It is intended that the Draft Strategy and Action Plan will be ready for a wide public consultation in mid-May of this year. With the adoption of the Strategic Document by the Parliament, the group of experts will begin the work to draft constitutional amendments and draft-laws needed to address the objectives. All the activity of the Ad Hoc Committee will be based on the inputs and outputs of the group of High Level Experts, local and international, with the abovementioned composition. 1.2. Elections Institutional framework Central Election Commission (CEC) is part of a working group (Election Working Group), established at the initiative of the OSCE. Monthly meetings of EWG serve for the coordination in identification of the needs of CEC and the civil society to provide assistance in areas where it was most needed support for a better administration of the electoral process in the future. CEC conveyed the findings and recommendations to the Assembly of Albania for the possibility of legal improvements, to approach the most significant aspects of the electoral process. 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