European union – albania stabilisation and association committee 11 March 2015 table of contents political criteria 3
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EUROPEAN UNION – ALBANIA STABILISATION AND ASSOCIATION COMMITTEE 11 March 2015 TABLE OF CONTENTS 3. POLITICAL CRITERIA 3 4. ECONOMIC CRITERIA 42 5. FINANCIAL ASSISTANCE 74 6. IMPLEMENTATION OF THE STABILISATION AND ASSOCIATION AGREEMENT 79 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) 118 3. POLITICAL CRITERIAProgress on meeting the political criteria, with focus on the Commission Progress Report priorities, in particular:
Strengthening the constructive political dialogue between the parliamentary majority and the opposition has been Parliament’s priority for 2014. The European Parliament was strongly committed to facilitate the political dialogue between the parliamentary majority and the opposition, following the findings of the 2014 Progress Report. With the beginning of the new parliamentary Session in January 2015, the opposition has returned in Parliament and is active part of parliamentary life. Parliament has also established all inquiry parliamentary committees requested by the opposition (please refer below). Following the national round tables for the judiciary reform, held on 6 and 31 October 2014, initiated by the President of the Republic and the Ministry of Justice, Parliament of Albania, on 27 November 2014 has adopted the decision no. 96/2014 “On the establishment of the Ad Hoc Parliamentary Committee on the Reform to the Justice System”, (Ad Hoc Committee). The Ad Hoc Committee is composed of 11 members, 6 out of which are representatives of the parliamentary majority (5 PS, 1 LSI) and 5 are representatives of the parliamentary opposition (3 PD, 1 RP and 1 PDIU). The Ad Hoc Committee will conduct its activity in a six months period (please refer to priority 2 for further information).
The legislative function During this period Parliament has discussed and adopted laws of important reforms in favour of the development of the country and to meet Albania’s obligations for EU membership. During this period Parliament of Albania has examined and adopted 232 parliamentary acts (173 laws, 132 decisions and 18 resolutions). The opposition has voted in favour of 16 laws. Parliament held 40 public plenary sessions, 210.5 hours parliamentary debate. The MPs, during the examination of draft laws in plenary session addressed 22 questions to the ministers and also received the answers to these questions. During the reporting period Parliament adopted 14 laws, requiring a qualified majority, some of which are part of the Roadmap on the 5 key priorities of the EC. The adoption of these laws in plenary session was preceded by their examination and adoption in parliamentary committees. During this period, the Committees have examined 180 draft laws and some other draft laws are in the process of examination. During the reporting period there is a significant improvement of the parliamentary standing committees’ performance in examining draft laws, in exercising their proposing function and this estimate is based on data administered in Parliament and it results that the committees have proposed 2369 amendments1 for the deposited draft laws. Parliament’s standing committees have organised 583 meetings in which were examined and adopted the draft laws and other draft acts. Government representatives, during the examination of draft laws in committees, answered to 9587 questions of the MPs on these draft laws. The committees, in examining the draft laws have also respected the provisions of Parliament’s Rules of Procedure to hold hearing sessions during the examination of draft laws and they have invited in their meetings over 297 representatives from the groups of interest. During this period Parliament has significantly strengthened its scrutinising role concerning the control of compliance of the proposed draft laws with the EU Acquis. An important role in this process played the Committee on European Integration, which during this period has examined 44 draft laws, proposing 122 amendments. 10 out of the 44 draft laws examined and adopted by the CEI and Parliament aimed partial approximation and 7 of them aimed full approximation to the EU Acquis. The adoption of laws requiring qualified majority Parliament of Albania, during the reporting period has adopted 14 laws2 that required qualified majority, including the administrative-territorial reform, and some other important laws which are part of the Roadmap on the 5 priorities, as the law on the Supreme State Audit is, the amendments to the organic law on the Ombudsman and the amendments to the law on the civil servant. Parliament of Albania, in its plenary session held on 27.11.2014 adopted law no. 155/2014 “On some addenda and amendments to law no. 8454, dated on 4.2.1999, “On the Ombudsman”, as amended”. The amendments and addenda that this law provide, aim to enhance the Ombudsman independence, improve the institution’s structure and also promote the feasibility of the Ombudsman proactive actions, namely:
Parliament of Albania, in its session held on 18.12.2014 examined and adopted the law no. 155/2014, “On some amendments and addenda to law no. 152/2013 “On civil servant”. The amendments and addenda that this law provide, aim to regulate certain problems of legal character, which were created because of some contradictory arrangements resulting from certain provisions of the law in force, and the solution of certain situations not regulated by the law. Some of the novelties that these laws bring about are:
During the examination of this draft law in the Committee on Legal Issues and in plenary session are taken into account the suggestions made by experts of the field, who assisted the Committee on Legal Issues to prepare the addenda and amendments to this law (DAP representatives and representatives from the State Ministry for Innovation and Public Administration). The recommendations of the 2014 Progress Report on Albania have also been taken into consideration, as well as the opinions and suggestions of the SIGMA project experts. Parliamentary oversight Parliament, during this period has efficiently exercised the function of political control over the government and has also monitored the implementation of obligations deriving from the SAA, through parliamentary control instruments provided for in the Constitution and Parliament’s Rules of Procedure. In exercising parliamentary oversight, Parliament during this period has held 8 interpellations with members of the Council of Ministers, on different subject matters of the Council of Ministers activity, during which the MPs debated and received answers to the problems raised. During this period there was also a significant increase in the number of hearing sessions and questions addressed to the representatives of public institutions, compared with the same period of last year. Ministers, deputy ministers and heads of other central institutions participated in 243 hearing sessions in the parliamentary standing committees and answered to 2,177 questions of the MPs. After the publication of the 2014 Progress Report on Albania, the Parliament’s standing committees, in the framework of parliamentary oversight on the European integration process have organised, according to their fields of responsibility, 9 hearing sessions with the line ministers and with the heads of constitutional institutions or those created by law. The Committee on Legal Issues, Public Administration and Human Rights held 8 hearing sessions on the 2014 Progress Report on Albania, 3 with the line ministers (the State Minister for Innovation and Public Administration; State Minister for Local Issues and Minister of Justice) and 5 with constitutional institutions or those created by law (the Ombudsman, Attorney General, the Commissioner for Personal Data Protection and Right of Information, Commissioner for the Protection from Discrimination and High Inspectorate of Declaration and Audit of Assets and Conflict of Interest). In these hearing sessions, the Committee on Legal Issues has analyzed the findings of the Report and was informed about the measures (the Action Plans) that the aforementioned ministries and institutions will take to fulfill the recommendations provided in the 2014 Progress Report on Albania. The Committee on European Integration (CEI) in the framework of parliamentary oversight over the government’s activity in the European integration process, during this period has organised 5 hearing sessions with the line ministers, out of which 1 hearing session on the 2014 Progress Report on Albania, 3 hearing sessions on the 5 Roadmap priorities and 1 hearing session on IPA Funds. By the end of 2014, the Subcommittee on Human Rights and the Subcommittee on Minors’ Issues, Gender Equality and Domestic Violence in 2 joint meetings have examined 2 reports of the Ombudsman, the one on LGBT rights and the one on Blood Feud. The two subcommittees held a joint hearing session in January 2015, during which examined the special report of the Ombudsman concerning violence against women. Parliament has exercised control not only over the executive, but also over the constitutional bodies or those created by law, to verify the implementation of the adopted legal framework. Parliament, through 16 Resolutions assessed the annual activity for the year 2013 of 16 constitutional institutions or those created by law and assigned them the objectives to be reached the next year. Parliamentary Inquiry Committees: During the reporting period, Parliament, under Article 77 of the Constitution, the Constitutional Court's jurisprudence regarding the parliamentary inquiry committees, law no. 8891/2002, "On the organization and functioning of the inquiry committees", Article 25 of Parliament’s Rules of Procedure and in fulfilling the recommendations of the 2014 Progress Report on Albania to strengthen the oversight role of Parliament, through the establishment of inquiry committees, has established 4 inquiry committees, at the request of the opposition: By Parliament’s decision no. 8/2014, dated on 06.02.2014, was established the Inquiry Committee, "On the control of the implementation of the legislation in force during the movement process of the State Police human resources", with the subject: "The Control of the implementation of the legislation in force on the process of human resources movements in the state police for the period 15 September 2013 – 31 January 2014, including dismissal, transfers and new employments to the state police, in order completely identify and verify this process and the consequences brought on ensuring public safety". The Committee was composed of 15 members, 8 from the majority and 7 from the opposition. The Final Report of the Committee was presented and adopted by Parliament’s Decision no. 38/2014, dated on 05.06.2014. By Parliament’s decision no.26/2014, dated on 24.04.2014, was established the Inquiry Committee "On the investigation of accusations for the implication of the Armed Forces and military bases in illegal activities-transport of narcotics", with the subject: "Investigation and clarification of all facts and circumstances regarding the accusations made public for the involvement of the Armed Forces and its military bases in illegal activities and transport of narcotics". The Committee was composed of 9 members, 5 from the parliamentary majority and 4 from the opposition. The Final Report of the Committee was presented and adopted by Parliament’s Decision no. 39/2014, dated on 05.06.2014. By Parliament’s decision no. 81/2014, dated on 23.10.2014, was established the Inquiry Committee “On monitoring the implementation of the legislation in force on the management of databases in tax administration and to identify and verify in depth the phenomenon of interference and blocking for a few days of the tax electronic systems", with the object, (the same as title above). The Commission is composed of 11 members, 6 from the parliamentary majority and 5 from the opposition. This activity of this Committee is still in process. By Parliament’s decision no. 82/2014, dated on 10.23.2014, was established the Inquiry Committee “On verification of the legality of the appointments in the public administration, public entities, or state commercial companies», with the subject: "Verification of the legality of the appointments in the state administration, public entities or state trading companies, during the period 15 September 2013 – 31 May 2014". The issues on which the court has given its final decision or those which are still in judgement processes are not object of this Committee. The Committee is composed of 9 members, 5 from the parliamentary majority and 4 from the opposition. By Parliament’s decision no. 4/2015, dated on 19.01.2015, the activity term of this inquiry Committee was extended for a two months period from the date of the adoption of the decision. The electing 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, has examined the applications for filling the vacancies created in the constitutional bodies or those created by law, by taking the respective decisions, in compliance with the constitution and the law. During this period, Parliament has elected, appointed or given its consent to the appointment of 31 heads and/or members of the board for 11 constitutional institutions or those created by law: 3 Commissioners in the Institution of the Ombudsman; the Commissioner for the Protection of Personal Data and the Right of Information; the Chairman and 2 Members of the Audiovisual Media Authority (AMA); 2 Members of the High Council of Justice (HCJ); the Commissioner for the Supervision of the Civil Service; 1 Member of the Commission of the Competition Authority; 5 Members of the Steering Council of the Albanian Radio television (KDRTSH); the Governor and 2 members of the Supervisory Council of the Bank of Albania; 3 members of the Board of Financial Supervision Authority (AMF); 3 members of the Central Election Commission (KQZ) Chairman and three members of the Governing Council of the Authority of Electronic and Postal Communications (AKEP) ". During the reporting period, the Assembly in exercise of its constitutional function, in cases required to give its consent, has not given it consent the appointment of three members of the Supreme Court, who were proposed by decrees of the President of the Republic. Pursuant to Article 136, paragraph 1 of the Constitution, Parliament has not given its consent, by not voting the appointment of three members for the Supreme Court respectively through the decisions No.35 dated 22.05.2014, Nr.88, dated 30.10.2014 and No.89 dated 30.10.2014. Parliament has not consented the appointment of the three decreed candidates by the President as Members for the Supreme Court based on these legal arguments:
The requirements of the Constitution, laws and Rules of Procedure are respected in any case. Parliamentary procedures of reviewing the nominations were carried out in full transparency. In all cases presented, the relevant parliamentary committees, within the time specified, have examined not only the fulfilment of the constitutional and legal requirements, but also the merit of each candidature. Candidates underwent public hearings in parliamentary committees. MPs and the public opinion had the opportunity to assess the qualities and merits of each presented candidate. Assembly Action Plan for the implementing of 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, drafted 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 Speaker of the Parliament, through an official letter addressed to the Parliament bodies, that are assigned to implement the Action Plan, has requested their maximum engagement for the realization of the envisaged measures in order to achieve the objectives and to improve the performance of Parliament in line with the best practices of functioning of the national parliaments of the member states of the European Union. Likewise, Secretary General of Parliament, with an official document has asked all administrative structures of the Parliament, which are responsible of implementing the Action Plan, to report periodically regarding the progress in the implementation of the envisaged measures in this Action Plan. Enhancement of the cooperation with the 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 Parliament3". This manual, developed in a consultative process and with the assistance of the OSCE is a resource to promote and ensure the participation of civil society in legislative and supervisory function of the Albanian Parliament. The participation, especially of the civil society in the legislative process of the Parliament, helps to the improving of the quality of reviewed and approved legislation. 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 country4. 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 lawmaking 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 has 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 have 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. Strengthening the administrative capacity of the Parliament During this period, the administrative capacity of the Assembly are further strengthened by continued training of all Assembly Service in various fields, especially those related to European integration issues. Assembly staff participated in training programs developed by the School of Public Administration (ASPA), as part of ongoing training program and initial formation. A considerable numbers of civilian servants have participated in training programs within the country and abroad, offered by various organizations (EU, OSCE, etc.). Activity of the special parliamentary committee on the reform in justice In the decision no. 26, dated 27.11.2014 of the Parliament of Albania passed the establishment of a Special Parliamentary Committee in the Justice System, which is a parliamentary structure provided for in article 77/1 of the Constitution. The establishment of this parliamentary committee came as a result of the identification of the parliament as the most appropriate and representative institution during the tables dated on 06.10.2014, initiated by the President of the Republic and the Ministry of Justice. Based on the abovementioned decision of the Parliament of Albania, the Special Committee is going to have 11 members, 6 from the parliamentary groups of the majority and 5 from the parliamentary groups of the opposition. The chairman belongs to the parliamentary groups of the majority; meanwhile the chairman deputy belongs to the parliamentary groups of the opposition. In the accompanying report of the Decision no. 96/2014 the following issues were discussed: i) the necessity for reform, ii) the objectives and the expected results of the reform, iii) work methodology, iv) the activity phases assisting to fulfil the objectives of the Special Parliamentary Committee. With the decision no. 104, dated 04.12.2014, the Parliament of Albania passed 6 members proposed by the parliamentary groups of the majority. After its comeback in the parliament, the opposition has not brought in a plenary session the names of its members for the Special Committee yet. The first constitutive meeting of the Special Committee on the Reform in the Justice System was held on 22.12.2014. In the framework of the inclusiveness and the engagement of all the actors in this process, the Special Parliamentary Committee decided that the group of the high level experts shall be composed of personalities who will be selected by the institutions of the system and the international organisms which assists Albania in justice. Therefore, with the decision no. 2 and no. 3/2014, the Special Committee addressed to the Commission of Venice, to Euralius Mission IV, OPDAT Mission and USAID of the USA, the presence of the OSCE, Slynn Foundation in the UK, Soros Foundation, Supreme Court, High Council of Justice, National Chamber of Advocacy, Magistrates’ School, University of Tirana, Ministry of Education and Sport, Ministry of Justice, to propose the names of the experts who are already a part of the Group of High Level Experts. Pursuant to the decision no.7/2015, at the Special Parliamentary Committee on the reform in the Justice System, the Group of High Level Experts was established. 20 local and international experts participate in this group. The group of high level experts is divided in 6 working subgroups, respectively: i) the subgroup on the constitutional institution, ii) the subgroup on the efficiency of the judicial system, iii) the subgroup on the criminal right, iv) the subgroup on the higher law education; v) the subgroup for free professions, vi) the subgroup on the anticorruption measures. Apart from the group of the high level experts, the work of the special committee and of the group of the experts itself is supported by a technical secretariat which is composed of the specialist of the Parliament of Albania, the institutions of the justice system, but via a public announcement all those individuals who graduated abroad were invited to contribute as a part of this technical secretariat (decision no.4/2014 of the Special Committee). Meanwhile, the Special Parliamentary Committee is towards the end of its first phase. With the decision no. 1/2014 of the Special Parliamentary Committee, the Ministry of Justice was asked to draft an analysis of the current condition of the system, in order to detect the issues and the necessity for improvement. The Ministry of Justice transmitted an analysis of the condition of the justice system in the country. This material is being studied by the group of the experts at the Committee. Based on this material a Strategic Document on the objectives this reform shall fulfil will be drafted and approved. The document will be transmitted to the Parliament for approval during a voting in a plenary session. Once this Document is approved, the group of the experts will start the work to draft the draft-laws which are necessary to address the objectives. Working tables and public discussions will be organized for every draft-law and issue treated by the committee. They are expected to be in the form of a table organized by the President of the Republic on 06.10.2014. The draft-laws, which will be drafted by the experts at the end of the activity, will be presented at the Parliament of Albania for approval. The entire activity of the Special Parliamentary Committee will be based on the inputs and the outputs of the group of the high level local and international experts. The latter will analyse, prepare and draft all the legal and parliamentary acts which will constitute the product of the reform in the Justice system. On 04.02.2015, the chairman of the Special Parliamentary Committee, Mr. Fatmir Xhafaj participated in an informing meeting organized by the Delegation of the EU in Tirana, where in the presence of the resident ambassadors in Tirana of the member countries in the EU, he made a presentation on the undertaken steps in the framework of the functioning of this committee. |