European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3

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Implementation of the five key priorities:

KP 1: Public administration reform, including follow-up to the 4th PAR Special Group and the workshop on independent institutions

Within the implementation of commitments undertaken in line with the Public Administration Reform, a number of steps have been taken with the intention of achieving the aims set by the European Commission for Priority 1. Thus, following the implementation of Law no. 152/2013 "On the Civil Servant" and the relevant secondary legislation, all recruitments pertaining to the civil service are now conducted on the bases of the new civil service legislation. The bylaws necessary for proper implementation of the legislation have been drafted and implemented with the close assistance of SIGMA. In this regard, in order to facilitate the process of implementing the new legislation accordingly and in a unified manner, DoPA has prepared and finalized 6 guidelines/manuals. Namely:

Guideline no. 01, dated 02.04.2014 “On the key procedural and material elements of the process and review of disciplinary offenses”.
Guideline no. 02, dated 07.04.2014 “On the drafting of job descriptions in the civil service”.
Guideline no. 03, dated 14.04.2014 “On the establishment, functioning and competencies of the Restructuring Committee due to shutting down or restructuring of institutions”.
Guideline no. 4 date 13.08.2014 “On the procedure for filling in vacant positions in the civil service through the procedure of lateral transfer and on the procedure for entering the civil service of executive position through open competition” (amended with the guideline no. 5, which explains the procedure of promotion). To ensure an open competitive and transparent process in the civil service, DoPA with the assistance of OECD / SIGMA, worked intensively, and organized two workshops (on 21^st -23^rd of July and on 4^th -7^th of August) for the preparation of this guideline.
Guideline no. 06, dated 19.09.2014 “On the recruitment and appointment procedure of high level civil servants, members of the TMC”, was finalized in close cooperation with SIGMA. All guidelines are published on DoPA’s official website http://dap.gov.al/2014-03-21-12-52-44/udhezime.

In the meantime, intensive trainings and awareness activities for all institutions involved in this law have been conducted with the support of SIGMA and the Council of Europe Office in Albania, with the aim of ensuring proper implementation of the new legislation.

Furthermore, DoPA has established and introduced an electronic system for the data collection of personnel in public institutions as well as a working group composed of DoPA employees which was established in October 2014. The working group is in charge of guiding the institutions (which are required to report monthly) and following up closely during their reporting while at the same time checking the accuracy of the data reported. In order to explain the process, meetings and trainings have been held with the representatives of the reporting institutions. Pursuant to law No 152/2013” and DoCM No 330, dated 28.5.2014 “On the adoption of the Roadmap for the 5 priorities recommended by the European Commission, 2013” the Prime Minister has issued Order No 246, dated 9.12.2014 on “Periodical reporting on the information regarding dismissals, appointments and judicial proceedings of civil servants/employees of the state administration” to ensure that the relevant data is regularly and accurately reported.
Moreover, based on the obligations stipulated in Law no. 152/2013 "for civil servants, the Department of Public Administration, as the institution responsible for administering the Central Personnel Registry will conduct periodic inspections (every two months) on the personnel files of employees of public institutions to ensure the implementation of civil service legislation, the results of which will be reported to the Prime Minister.
DoPA has continued to work intensively for making functional in a successful way the HR module in the 16 line ministries and in the Prime Minister’s Office. Currently, the tendering procedure for the IPS project is completed, the contract is signed and the implementation of the project has initiated. DoPA is in the process of acceptance for the new re-engineered HRMIS. The next step ahead will be implementation through 16 line ministries and the Prime Minister’s Office expected to happen within March 2015 and later on with the subordinate institutions.
The Department of Public Administration and line ministries have identified all the relevant legislation that shall be amended and aligned with the new CS legislation. Some of the amendments required have been identified and approved. In order to have a full and complete review of legislation, the remaining institutions are working to identify all necessary changes/amendments and prepare a full complete package of all legislation and draft-amendments that need to be aligned.
On June 2014 the draft decision for the proposal of the draft law "On Administrative Procedure Code” was approved by the Council of Ministers. On July 16, 2014, the Commission on Legal Affairs, Public Administration and Human Rights in the Parliament approved in principle the draft law which shall be reviewed article by article. Currently, 134 articles of the draft law have been reviewed.
Concerning the implementation of Law no. 90/2012 "On organization and functioning of public administration", two draft-bylaws were prepared and circulated for official legal opinion to all line ministries. After having received the official legal opinion and review, the draft bylaws were sent for approval to the Council of Ministers and have been approved. The bylaws are:

DoCM 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;
DoCM No 867 dated 10.12.2014 on the procedures for the cooperation of institutions of state administration.

With the aim of ensuring the implementation of the law of Administrative Court, the Ministry of Justice, in collaboration with the HCJ have drafted an evaluative study on the workload of the Administrative Court and the Court of Appeals Tirana by analysing the activity of administrative courts in general, with a focus on the current situation in the Court of Appeals. The study concluded with some key recommendations, which are expected to be addressed by all institutions involved.

Regarding the vacancies of judges in the administrative courts of first instance Gjirokastra, Vlora, Korça and Shkodra, under the provisions of Presidential Decree no. 7818/2012, the number of judges in the administrative courts is 43 and currently there are 7 vacancies for judges. The Administrative Court of First Instance: Shkodra (2 vacancies); Korça (2 vacancies), Vlora (1 vacancy) and Gjirokastra (2 vacancies).
In relation to the completion of the organizational structure of the administrative courts with the necessary number of employees of the judicial administration, including legal assistants, based on the order of the MoJ, the structures and organigrams of the administrative court have been approved; more concretely, 135 employees are included in the organizational chart: 43 judges + 92 employees of court administration. In September 2014, the amendments of Law No. 49/2012 were approved in the Law No. 100/2014 for the administrative courts.
Currently, the procedures for the recruitment of legal assistants have started. In the context of fulfilling the procedures for the appointment of legal assistants in administrative courts (pursuant to the changes on Law no. 49/2012, approved by Law no. 100/2014), on February 24^th 2015 the Minister of Justice issued an order for the approval of the new structures of the Courts of First Instance and Court of Appeals, including administrative courts. During the review of these structures, special focus was placed on the fulfilment and addition to the structure of the administrative courts, anticipating 41 additional employees of which 25 legal assistants and 16 employees of the judicial administration. This revision placed special focus on the two administrative courts of Tirana (the court of First Instance and the Court of Appeals) due to the workload of these courts, thereby aiming to increase their efficiency. Furthermore, the Minister of Justice, after consulting with the administrative courts, has approved two Orders (pursuant to Law no. 100/2014), regarding procedures for the appointment of legal assistants in these courts. The legal assistants are foreseen to begin their activity shortly.
In cooperation with AOJB and with the courts themselves the necessary legal amendments and proper investments are carried out, in order to relocate the premises of the Administrative Court of First Instance Durres to the premises of the Office of Local Law Enforcement Durres. This investment has enabled the accommodation of judges and administrative court staff. Also by CoMD 646, dated 10.01.2014 "On the transfer of real estate property under the designation "Former directorate of High School Dormitories, Tirana", under the management responsibility of the Ministry of Justice, and on the amendment of decision no. 834, dated 13.12.2006, of the Council of Ministers "For the approval of the list of partial inventory (part one + part two) real estate property in the Municipality of Tirana, Tirana County", as well as an addition to the decision no. 1292, dated 24.09.2008, of the Council of Ministers, "Delegating the management responsibility of the land and building of district courts and appeal courts” amended, it has been approved the delegation of management responsibility to the MoJ of the premises of the former directorate of high-school dormitories, Tirana, in order to accommodate the Administrative Court of Appeal, Tirana. The Ministry of Justice is in close collaboration with AOJB for the improvement of the infrastructure in a number of courts; the Administrative Court of First Instance Shkoder and the continuance of improving the conditions for the Court of First Instance Durres as well as the Administrative Court of Appeals Tirana.
In regard to staff training of administrative courts (judges and court administration), the School of Magistrates has conducted training sessions for judges of administrative courts in the period January-July. (The most recent training was conducted on the 30^th of January 2015).Furthermore, the training with the staff of the administrative courts on the use of the ICMIS system continues. The system is functional in two administrative courts in Tirana and the Administrative Court of Durres. In line with what the structures of the administrative courts for IT specialist foresee, the system is expected to be functional in 4 other courts. In the meantime, the installation of the audio system in these courts will begin in March, in line with the implementation of the Just Project of USAID.
Based on the legal provisions of the Civil Service Legislation and on the relevant guidelines drafted and approved in order to facilitate this process, two pool-recruitment procedures have been organized based on the institutional planning. In order to avoid excessive bureaucracy and possible human errors, the applications can only be made online via the official website of the Department of Public Administration which has been properly designed to assist all applicants in this process and the entire process is automated and based on innovative methods. In the website, all interested candidates can find information regarding a detailed explanation of the application method, the general and specific criteria that each applicant must fulfil according to the group position for which they seek to apply, as well as important deadlines for submitting the relevant documents required for these applications.
The first pool recruitments, announced in August, 2014, covered the needs for the central state administration institutions and their subordinate institutions, for which DoPA is the responsible unit. For independent institutions, the recruitment process is managed by their relevant HRM units. 113 vacant positions in 18 administrative special group positions were announced. For these positions over 5300 applications were received from which 1900 applicants qualified for the competition phase. Out of these applicants, 38 have been announced as winners and 6 were winners from the lateral transfer procedures.
In October 2014, the Department of Public Administration began the 2^nd pool recruitment process with a total of 148 published vacancies (in 58 administrative special groups of the executive level) for which approximately 7000 applications were submitted (around 2000 more than the applications received during the 1^st pool recruitment process). After conducting the preliminary verification; 2100 applications passed on to the next phase. The 2^nd recruitment process, from October-December, resulted in 114 winners of the competition.
The process of competition is comprised of two has two phases. The first phase includes the verification of documentation and general criteria’s while the second phase verifies the skills of the candidates. The second phase is composed of a written form test for the professional skills as well as a structured interview which serves to evaluate the knowledge and skills of the candidate. The written tests are anonymous and based on the scoring system which has been automated successfully. The competitions are carried out by the Permanent Selection Committees which remains a novelty of the new civil service law, in the sense that these are Permanent Selection Committees that have a two-year term; committees which are selected for group positions. They are composed of representatives from public institutions, experts of the relevant field and representatives from the Department of Public Administration. Initially, according to legal provisions the vacant positions are opened for lateral transfer and then they are opened for candidates from outside the civil service system.
Furthermore, on the functioning of the TMC the required measures have been taken for the establishment and functioning of the National Selection Committee for TMC which is composed of 9 members. All the Members of the TMC have been appointed and on 31^st of October the first meeting was held for constituting the members of National Selection Committee for TMC, in accordance with the relevant legislation. The second meeting of the TMC was held on December 5^th, 2014 while the third meeting on December 29^th, 2014.
The National Selection Committee of the TMC organized the Direct Admission Procedure to the TMC from the 17^th of January 2015 to the 20^th of February. The written test’s procedure was organized on the 17^th of January. 36 preselected candidates and 32 public servants (heads of subordinate institutions) participated in the national competition. The NSC evaluated the candidates’ resume and organized the structured interviews with each candidate during the 22^nd -27^th of January. A preliminary list of winners was published at the official website of DoPA. The NSC of the TMC ruled 13 administrative complaints. At the end of the process the NSC sent the final list of winners to DoPA.
During the 26^th – 27^th of November DoPA was also supported by SIGMA in the process of improving the system of performance appraisal in order to make it more fair and transparent. As such, a two–day workshop was carried out with representatives from public institutions, which focused on making the new Council of Ministers decision on performance appraisal as practical, simple and applicable as possible for all civil servants of the new civil service law.
In this regard, SIGMA provided presentations on best practices as well as concrete ideas on how to make this possible. As such SIGMA invited in this workshop, practitioners who presented solutions from the countries that have appraisal systems based on goal setting and explained how the goals may be set and appraisals conducted. This will further assist Albanian public institutions in setting properly the goals for employees, units, departments, etc. and also in improving the approach of the supervisors in this process.
Following the reconstruction of ASPA's building and completion of training facilities with IT equipment and tools for the development of training activities, four training facilities have been fully equipped and furnished with a total capacity of 100 persons. The approval of CoM Decree on ASPA’s building and request for tendering the reconstruction and completion of another 4 training rooms is in process and is foreseen for March 2015. Moreover, the methodology for assessing the skills assessment has been developed while the first draft of the training strategy 2014-2020, in the framework of the Strategy of Public Administration Reform is ready and consultations are to be held. A training curriculum for the TMC based on an analysis of training needs has been drafted with the support of the TAIEX Programme as well as the new training plan for 2015 defining target groups, mandatory training and development period.
In the period January – December 2014, only in ASPA premises, 156 Training courses have been delivered in 530 training days and 3790 Civil Servants have been trained. According to the training plan for 2015 for the period of January-February 2015, 30 Training courses have been delivered in 209 training days and 916 civil servants have been trained, only in ASPA’s premises.
Two MoU’s have been signed with French and Italian Schools of Public Administration (ENA and SNA) and another MoU with Universities and other organisation in quality certification. In line with the digitalisation process of the training materials, the first e-learning module is now available on ASPA’s website. In the meantime, ASPA has continued to provide trainings according to its trainings schedule.
With the aim of increasing its human resources, DoPA’s new structure is composed of a number of 43 employees (compared to the previous structure with 22). At present 36 positions are filled and this number includes existing DoPA employees as well as those recruited under the former and the new CS legislation. The recruitment for the remaining 7 vacancies will be carried out according to the recruitment procedures determined by the new civil service legislation.
In order to enhance capacity building and be able to meet the challenges ahead, 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. The trainings undergone have been in the fields of the new civil service law, project proposal drafting, human resource management, European Union law, etc.
In order to present the developments related to the implementation of the new civil service legislation and also discuss issues/problems encountered during this 10 month of its implementation. On 24 November 2014, DoPA organized two roundtables with representatives, from public administration institutions, local government, independent institution, local and international organization, donors, etc. Amendments to the Civil Service Law were proposed and approved in the last plenary session of Parliament in December 2014 (Law no. 178/2014).
The drafting of the new public administration reform strategy resumed in January, with the aim of broadening its strategic framework. An inter-ministerial and inter-institutional working group responsible for the PAR Strategy were established. The process of drafting the Strategy has been assisted by OECD/SIGMA. The new strategy is foreseen to cover public administration organisation, policymaking, e-government and ensure also a link to public financial management and programming. The approval of the PAR strategy is expected to be the end of March 2015. In the last meeting of the inter-ministerial working group held on 2^nd of March, the activities to be included in the PAR strategy were defined. The draft will be sent officially to line ministries and independent institutions for their comments and feedback prior to being sent for approval to the Council of Ministers. Furthermore, by 18th of March there will be the public consultation of the PAR Strategy with the stake holders, civil society, donors and independent institutions.
Pursuant to the law No 152/2013 “On the civil servant” as well as CoMD No 116, dated 05.03.2014, DoPA has carried out the inspection of all the personnel files regarding the obligation for the declaration of the employment status of each servant / employee of the state administration institutions involved in the civil service. The file(s) of every existing employee have been certified by the working groups set up in DoPA with the aim of employment status declaration for every employee.
Based on CoM decision no.116 the process was foreseen to terminate by August 2014. The process was delayed, due to the fact that several employee files lacked relevant/required documents and DoPA in these cases returned the documents for completion to the respective institution and held several formal and informal communications to ensure proper compliance with the CSL obligations. In this regard, a decision no. 532 was adopted dated 06.08.2014 "On some amendments to Decision no. 116, dated 05.03.2014 of the Council of Ministers “On the personnel status and current employees profiting from civil servant status, according to law no. 152/2013 “On the civil servant”. According to this decision, employees of subordinate institutions part of the state administration that become part of the civil service and that at the time of the status declaration do not meet the criteria of having the diploma of higher education, will continue under the condition that within a two years’ timeframe they will meet these requirement.
Upon the termination of this procedure, 6,370 files of employees pertaining to institutions subordinate to the Prime Minister’s Office and line ministries were inspected. 3750 employees were certified as civil servants; 2107 were certified as civil servants in probation period; 294 employees did not receive the civil servant status of which 161 were recruited after February 26^th 2014, 96 did not fulfil the ‘university degree’ requirement, 1 due to absolute invalidity of the act because it resulted in two employees appointed for the same position, 34 did not comply with the specific criteria for that position as determined by the specific legislation on which the institution functions and 2 due to the fact that they had fulfilled the retirement age. 144 employees are under the condition of meeting the required criteria within a two year’s timeframe from which 126 must meet the specific diploma level and 18 must acquire the ‘internal audit certificate’. 75 files have been deemed as incomplete; for this reason DoPA has not issued an answer.
In relation to the implementation of the court appeals decisions, and in order to ensure proper implementation of these decisions a Working Group with representatives from relevant state institutions has been established. The working group is in charge of carrying out a case by case review/verification of court decisions and find appropriate solutions for each case. There are in total 92 court decisions identified that need to be reviewed on case by case basis.
In terms of ensuring independence and capacity building of independent institutions (Ombudsman, CSC, SAI), the Albanian Parliament on 27.11.2014 approved the Law No 155/2014 "On some addenda and amendments to Law No 8454, dated 04.02.1999, "On the Ombudsman. These legal developments increase the independence of the Ombudsman, improve the structure of this institution as well as promote feasibility of proactive actions of the Ombudsman, more concretely due to the fact that now procedures for selecting commissioners have become more transparent and extended the term of their mandate. Furthermore, the time limits within which the Assembly should examine reports of the Ombudsman is clearly defined which is a novelty compared to the previous legal arrangements that did not foresee deadlines. Also, the developments strengthen the role of the Ombudsman, anticipating his right to initiate mainly (ex officio) procedures for investigation and handling of cases of violations of the rights of citizens made public, without the prior consent of the person concerned or damaged. It also widens the circle of entities to which the provisions of the Law on the Ombudsman will apply to, adding to the existing category of foreigners, refugees, stateless persons and asylum seekers. Moreover, the legal changes determine the creation of two sections:

New section on the Protection and Promotion of the Rights of the Child.
Section rises at the National Mechanism for Torture Prevention, Treatment or Punishment Wild, Inhuman or Degrading.

Also, the Assembly, willing to support performance and strengthening the administrative capacity of the Ombudsman as a constitutional institution of protection of human rights, during the review of the draft law "On the budget of 2015", approved additional budgetary and structural in the value of 2 million, in the "operating expenses" and an additional staff of the organization (finance specialist).

Relating to the Supreme State Audit Institution the new law no.154/2014 “On the organisation and the functioning of the Supreme State Audit Institution” has been adopted.
Some of the innovations of this new law are widening the scope of audit activity, including in the field of external audit, besides the compliance and audit of financial regularity provided in existing law, also the performance audit and information technology audit, improving relations for obtaining information from auditees and defines the right SAI (Supreme State Audit Institution) – to provide by all the entities, all of the information and the written or electronic documentation it deems necessary to carry out the audit, even when this documentation constitutes a state secret or is confidential. On the other hand, aiming not to affect the right of confidentiality of data to private entities taxpaying, law stipulates certain restrictions. It also expands powers to audit of the SAI related to the annual financial statements for general government units; activities in regulated sectors under concession contracts; users of public funds provided by the European Union or other international organizations.
As for budget year 2015, SAI presented its draft-budget which had been consulted earlier and received the understanding of the Ministry of Finance, in terms of general fund figures budget and number of employees. The budget allocated to SAI for 2015, according to its request is 380,000 million and the number of employees is 171.Compared to budget of 2014, the budget of this institution has undergone a slight increase in general fund budget (370,150 million) and the number of employees (166).This budget provides institutional independence and functioning of the SAI activity, to fulfil its functional tasks. SAI has to implement the budget funds by using them efficiently and effectively.
Regarding the appointment of the Commissioner for the Oversight of Civil Service and by considering the importance of this independent institution, the Albanian Parliament decided to hold an open, public, transparent, and consensual process for the selection of the Commissioner for the Oversight of Civil Service. Pursuant to the decision no. 33/2014 of the Parliament of Albania "For the preliminary selection procedure for the Commissioner for the Oversight of Civil Service", amended by Decision No. 41/2014 and 45/2014 of the Parliament, and at the end of a 45-day deadline specified in the official announcement, 6 official candidates submitted their applications. As the second stage of this process, the Albanian Parliament, before closing the first parliamentary session, on 25/07/2014, organized a public hearing with 5 out of 6 candidates competing for the vacancy of the Commissioner for the Oversight of Civil Service.
On 10/27/2014, with signatures from not less than 28 members, the proposal with two candidates was deposited in Parliament protocol to continue with the selection of candidates in the legal Commission under the provisions of the Rules of procedure of Parliament, Article 111 of Assembly and its decision No 33/2014. One of the candidates was presented with the consent of 28 MPs, as a competitive candidate included in the open competition and after the public hearing organized by the Assembly, while the other candidate came directly as a proposal selected by not less than 28 MPs, who argued and reasoned the candidacy proposal submitted by them as to fulfilling the legal requirements and professional experience and merits for the vacant position of the Commissioner.
The two candidates who were considered valid by the Commission of the laws, were forwarded to the plenary session which in date. 30/10/2014 by Decision No. 85/2014, selected by majority vote the candidacy Ms. Pranvera Strakosha as Oversight Commissioner Civil service provider. In cooperation with DoPA and the Ministry of Finance, the structure and number of technical secretariat as supporting staff of the Commissioner for the Oversight of Civil Service were discussed and then approved in Parliament.
On December 4^th 2014, pursuant to article 11, paragraph 4, of Law No.152/2013, “On the civil servant”, amended, the Assembly of Albania approved Decision No. 98/2014, “On the approval of the structure, the organigram and the classification of job positions of the Commissioner for the Oversight of the Civil Service”.
Since the beginning of its activity the Commissioner has started its cooperation with SIGMA experts, in regards to the discussion of the drafts for two important acts of his activity: The Internal Regulation “On the organization and functioning of the Secretariat of the Commissioner for the Oversight of the Civil Service” and the Regulation “On the procedures of supervision/ inspection”. These materials have been consulted on several meetings with experts from SIGMA, who have provided an intensive assistance and very efficient with their recommendations and currently these acts are completed.
For 2015, the Institution of the Commissioner for the Oversight of the Civil Service, pursuant to Law No. 160/2014, dated 27.11.2014, “On the State Budget of the Year 2015”, has been awarded a budget in the amount of 48,470 thousand ALL. The budget approved by the Assembly, to COSC for 2015 is adequate and guarantees the well-functioning according to the required standards and effective implementation of the law no. 152/2013 "For civil servants". The Commissioner has submitted upon the request of the Albanian Assembly the Annual Report regarding its activity for the year of 2014, but taking into consideration the time when this institution has started to exercise its legal competencies (December 4th 2014), the content of this report also included the activity of the institution until the middle of February, 2015.
In order to recognize the situation of the civil service, the Commissioner has started working for the collection of the data in this field by communicating with 118 institutions that employ civil servants.
In the implementation of the legal competencies, in the field of supervision of the administration of the civil service, the Commissioner has started the process in institutions with different typologies, such as independent institutions, state administration institutions and local government units, among which: The Commissioner for Protection Against Discrimination, Regional Council of Shkodra, The Municipal Unit No. 8, the State Committee on Cults, The Inventory and Transferring of Public Properties Agency, the Institute of Forensic Medicine and the National Licensing Center.
The process is on various stages of its development and specifically, for the Commissioner for Protection Against Discrimination, Regional Council of Shkodra, Municipal Unit No. 8 and the State Committee on Cults, the collection and the processing of data has been completed and the Project report of Supervision is being prepared, which will be sent to the institution in order to allow them to provide observations regarding the observed irregularities. Meanwhile, for the other institutions, the process is at the stage of data collection on the subject and their processing.
On the basis of the information collected in different ways, the Commissioner has started the general inspection in regards to the declaration of the employment status in the institution of the Albanian Geological Service, which has 133 job positions that are part of the civil service. Currently the process is at the stage when the Project report has been sent to the institution in order to allow them to make observations about the irregularities that have been highlighted in the material. In the content of the material have been laid down the violations and the ways for the adjustment of the situation have also been given.
Meanwhile, it results that at the institution of the Commissioner have been submitted different types of information from 21 civil servants of different institutions, for which the relevant verification act has been issued and the majority of it has been completed by sending also the recommendations for the improvement of the state of legality. The structure and the salary scheme have been approved on the 4^th of December, 2014. The number of employees under the new structure is 31 in total.

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