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Albania

Improved Business Regulation (AL0063)

Overview

At-a-Glance

Action Plan: Albania Action Plan 2018-2020

Action Plan Cycle: 2018

Status: Active

Institutions

Lead Institution: Department for Development and Good Governance, PMO

Support Institution(s): Ministry of Finance and Economy, The National Agency of Information Society, Albanian School of Public Administration, Line Ministries, Ministry for Europe and Foreign Affairs, Partners for Change and Development in Albania, Institute for Research and Development Alternatives, Institute for Co-operation and Development, Foundation "Open Society for Albania", Institute for Promotion of Social Economic Development

Policy Areas

Capacity Building, E-Government, Legislation & Regulation, Legislative, Legislature, Open Regulations, Participation in Lawmaking, Public Participation, Public Service Delivery

IRM Review

IRM Report: Albania Design Report 2018-2020

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information , Civic Participation

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

COMPONENT III: OPEN GOVERNANCE FOR “BETTER REGULATION”
The policy objective of this activity is the development of a public administration that provides
high quality services to citizens and businesses in a transparent, effective and efficient manner,
through the use of modern technologies and innovative services, and complies with European
integration requirements through impartial, professional and accountable civil servants, part of
the efficient structures.
A transparent policy-making, inclusive, policy-making system that ensures alignment with the
acquis.
COMPONENT III: OPEN GOVERNANCE FOR “BETTER REGULATION”
Leading institution Department for Development and Good Governance, PMO
Other participants Government Ministry of Finance and Economy, The National Agency of
Information Society, Albanian School of Public Administration, Line
Ministries, Ministry for Europe and Foreign Affairs
Civil society
Private Sector
Partners for Change and Development in Albania, Institute for
Research and Development Alternatives, Institute for Co-operation
and Development, Foundation "Open Society for Albania", Institute
for Promotion of Social Economic Development
Status quo or problem / issue being
addressed
Policy and strategy development is based on the Integrated Planning System
(SPI). IPS is the national decision-making key system for defining strategic
directions and resource allocation (the World Bank refers to the Albanian SPI
as one of the best practices in the region). The IPS's main goal is to draft a
strategic, integrated, structural and accountable plan for Albania, including
harmonizing the adaptation of existing planning and monitoring systems within
the new system and reorganizing structures under the new system. IPS aims to
avoid drafting ad hoc policies and strategies, avoid overlapping, and ensure
compliance with financial planning processes.
The IPS institutional framework is further consolidated with the restructuring
of the Prime Minister's Institution and the strengthening of the monitoring and
strategic planning capacities in this institution through the establishment of the
Development and Good Governance Policy Unit at the Department of
Development and Good Governance and the Regulatory Acts Programming
Unit at the Regulatory and Compliance Department.
Information systems are being set up for different components of SPI. Since
2007, the Medium Term Budgeting System (MTBP) is functioning for all line
ministries, while the Government Financial Information System (AFMIS), the
Foreign Assistance Management Information System (EAMIS) and the
Information System for the Integrated Planning System (IPSIS). Regarding the
legislative process and the quality of the legislation, there are efforts to improve
the analysis, plan the measures and their fulfillment. In general, the process of
24
drafting the legislation is accompanied by insufficient transparency and lack of
stakeholder consultation. In 2014, the Law on Public Consultation of Political
and Legislative Acts was adopted, as well as a new law on the right of
information, for which the necessary measures for full and qualitative
implementation should be taken. In few cases there have been genuine ex ante
and ex post assessments of the consequences of legislation.
Challenges:
Consolidating the framework of the Integrated Planning System remains a
challenge. Moreover, it is necessary to consolidate the capacity of the new
structures related to the functioning as a whole of the entire system
mechanisms. Increasing system efficiency needs to be addressed through its
consolidation.
Establishing information systems for IPS components requires a clear
implementation of business core processes related to policy, budget, and
investment planning. On the other hand, the capacity building of the institutions
involved is necessary
In terms of improving the regulatory system:
➢ Policies aim at strengthening the system of integrated planning, policy
and legislation monitoring, reporting and evaluation, which transforms
government priorities into concrete actions; increasing the
transparency of government's strategic documents and monitoring
them; enhancing the capacity of ministries to develop good policies
and legislation in line with the acquis.
Policies in this sector will also aim at increasing efficiency in strategic planning
and monitoring the performance of implemented policies; establishment of
information systems for public policy and public finance planning systems;
capacity building and improvement of horizontal coordination and cooperation
between ministries, as well as within line ministries; as well as the
establishment of mechanisms for controlling the effectiveness of legislation.
Main objective / Purpose of the
policy
The policy objective of this activity is the development of a public
administration that provides high quality services to citizens and
businesses in a transparent, effective and efficient manner, through the use
of modern technologies and innovative services, and complies with
European integration requirements through impartial, professional and
accountable civil servants, part of the efficient structures.
A transparent policy-making, inclusive, policy-making system that
ensures alignment with the acquis
OGP challenge affected by
engagement
Improving
public
services
More
efficient
manageme
nt of
public
resources
Increase
public
integrity
Increasing
corporate
accountabil
ity
Creating a safer
community
X X X X
It is important to improve: Transparen
cy
Responsib
ility
Citizen Participation Technology and
Innovation
X X X X
25
Measurable and
verifiable
achievements to
accomplish
engagement
Result
Indicators
Output
Indicators
Responsi
ble
Institutio
n
New or
continued
engagement
from the
2016-2018
action plan
Start date End date
3.1 Drafting a
methodology for the
preparation of
strategic documents
(strategies, programs,
action plans, policy
documents, etc.).
IPSIS goes
live in 2019 as
a functional
system
Methodolo
gy
prepared
DDGG/I
PSIS
New
engagement
2018 2019
3.2 Drafting a legal
package for the
functionality of the
IPSIS system
A complete
regulatory
package
drafted and
approved
(1 MCD
for IPSIS
as an eregister; 1
MCD for
IPSIS
functionalit
y; 2 PM
Orders for
IPSIS
modules in
connection
with the
preparation
of
strategies,
action
plans,
monitoring
reports,
programs;
IPS
Calendar;
Amendmen
ts to the
MTBP
Guidelines)
DDGG/I
PSIS
New
engagement
2018 2019
3.3 Improve the
capacity of the
Department of
Development and
Good Governance &
line ministries in
Nr. of
policy staff
trained in
line
ministries
DDGG/I
PSIS
New
engagement
2018 2019
26
terms of monitoring
policies / strategies /
action plans /
development
programs, in
accordance with
IPSIS & AFMIS
methodologies 3.4 Review of the
Legal Basis and
Regulatory
Framework for the
Functioning of
IPMGs and / or
SWGs to Address
Challenges in
Government
Structures and
Change of Functions
No. of high
level
meetings for
each IPMG
in the pilot
sectors and
the
establishmen
t of new
IPMGs
Revised
documents
DDGG New
engagement
2018 2018
3.5 Preparation of
standard tools (tool
kit) for the
functioning of IPMG
for Good Governance
& Operational
Guidance / Progress
IPMG (reviewing the
regulatory framework
for the functioning of
IPMG for Good
Governance)
Prepared
Toolkit
DDGG New
engagement
201
8 2018
3.6 The systematic
functioning of the
Policy Group's Policy
Group and the
establishment of a
policy
-making
network with policy
units in line
ministries
Nr. of G.T
meetings
on Policy
Making
No. Of
meetings
for the LM
policy
-
making
network
DDGG New
engagement
2018 2018
3.7 Preparation of
Operational
Guidelines for line
ministries for
carrying out the
public consultation
process and
functioning of the
Operational
Guide
Designed
DDGG 2018 2018
27
public consultation of
e-register.
3.8 Training /
Capacity Building for
Responsible Staff in
Line Ministries for
the Use of Public
Consultation ePlatform
No. of
trained
staff
NAIS 2018 2018
3.9 Regular
monitoring of the
implementation of the
public consultation
process
The drafted
monitoring
reports (the
first report
prepared in
ThM I
2019)
DDGG New
engagement
2018 2020
3.10 Establish rules
that make the
implementation of the
Impact Assessment
process mandatory
Amending
MCD 584
dated
28.08.2003
, adoption
on 08.2003
with
amendment
s approved
RCD New
engagement
2018 2018
3.11 Strengthening
capacities, through
various employee
training (RIA
Network) in line
ministries and the
Prime Minister’s
Office, in order to
improve the process
of regulatory impact
assessment
Number of
trained
employees
ASPA New
engagement
2018 2019
3.12 Improve the
planning process of
drafting legal acts by
defining the general
terms and conditions
of the PPAP drafting
process
% of legal acts
drafted and
approved in
accordance
with the
General
Analytical of
draft acts
New
Design
Procedures
RCD New
engagement
Every
year
Every year

IRM Midterm Status Summary

3. Open Governance for “Better Regulation”

Language as it appears in the commitment: [25]

Main objective: The policy objective of this activity is the development of a public administration that provides high quality services to citizens and businesses in a transparent, effective and efficient manner, through the use of modern technologies and innovative services, and complies with European integration requirements through impartial, professional and accountable civil servants, part of the efficient structures. A transparent policy-making, inclusive, policy-making system that

ensures alignment with the acquis

Milestones:

3.1 Drafting a methodology for the preparation of strategic documents (strategies,

      programs, action plans, policy documents, etc.).

3.2 Drafting a legal package for the functionality of the IPSIS system

3.3 Improve the capacity of the Department of Development and Good Governance

      & line ministries in terms of monitoring policies / strategies / action plans /   

      development programs, in accordance with IPSIS & AFMIS methodologies

3.4 Review of the Legal Basis and Regulatory Framework for the Functioning of

      IPMGs and / or SWGs to Address Challenges in Government Structures and

      Change of Functions

3.5 Preparation of standard tools (tool kit) for the functioning of IPMG for Good

      Governance & Operational Guidance / Progress IPMG (reviewing the regulatory

      framework for the functioning of IPMG for Good Governance)

3.6 The systematic functioning of the Policy Group's Policy Group and the

      establishment of a policy-making network with policy units in line ministries

3.7 Preparation of Operational Guidelines for line ministries for carrying out the public

      consultation process and functioning of the public consultation of e-register.

3.8 Training / Capacity Building for Responsible Staff in Line Ministries for the Use of

      Public Consultation e-Platform

3.9 Regular monitoring of the implementation of the public consultation process

3.10 Establish rules that make the implementation of the Impact Assessment process

       mandatory

3.11 Strengthening capacities, through various employee training (RIA Network) in

        line ministries and the Prime Minister’s Office, in order to improve the process of

        regulatory impact assessment

3.12 Improve the planning process of drafting legal acts by defining the general

        terms and conditions of the PPAP drafting process

Start Date: 2018

End Date: 2020

Context and Objectives

This commitment aims to improve Albania’s public administration so that it provides quality services to citizens and businesses in a transparent manner. It also aims to ensure that Albania’s public administration complies with EU integration requirements by ensuring that civil servants are impartial, professional, and accountable.

Currently, the Government of Albania produces various central planning documents and monitoring reports, but not all of them are available publicly, and different standards are used during their preparation. Furthermore, Albania does not have any systematic process for carrying out proper analyses of the impact of new policies and laws. Improvements to the quality of policy making and analysis are important, for example, ensuring that the 2014 Law on Public Notification and Consultation is fully implemented and introducing the Regulatory Impact Assessment (RIA) into all ministries. [26] In June 2017, the Prime Minister approved a methodology for piloting the RIA in selected ministries, but there is no plan to fully institutionalize RIA within the current policy-making system after the pilots. Also, despite the adoption of a new law on public consultation and the creation of an electronic platform in 2016, consultation with external stakeholders on new policies are often not integrated into the overall policy-making process. [27]

This commitment includes activities that aim to improve public consultations, including the public consultation platform http://www.konsultimipublik.gov.al, and is thus relevant to the OGP value of civic participation. Also, the publication of policy and regulatory framework preparation, implementation, and monitoring are relevant to access to information.

If fully implemented, this commitment could help ensure unified standards, approaches and tools when preparing reports and strategic documents and reviewing legal frameworks. It could also strengthen the capacities of the government officials in carrying out public consultations (Milestones 3.1–3.8). Proper public consultation process and publication with regard to policy and regulatory framework preparation, implementation, and monitoring could be ensured through Milestone 3.9, though this milestone does not describe how the monitoring will take place. Implementation of Milestones 3.10–3.12 could ensure the systematic process or methodology for carrying out proper analyses of the impacts of new policies and laws. While better strategic documents could create the basic preconditions for public consultations, their implementation will provide a clearer understanding on their impact on improving the quality of services for citizens and businesses. The lack of detail in the action plan for the activities makes it difficult to assess their potential impact beyond minor.

Next steps

Moving forward, when publishing draft legislation or action plans for public consultations, the government could provide adequate timeframes, establish clear rules, and provide feedback on citizens’ input. The Law on Notifications and Public Consultations could also be amended to cover administrative acts (i.e., sub-legal acts).

[25] For the complete text of this commitment, see: “The Open Government Partnership Fourth Open Government National Action Plan for Albania 2018–2020”, Open Government Partnership, 10 January 2019, https://www.opengovpartnership.org/wp-content/uploads/2019/01/Albania_Action-Plan_2018-2020_EN.pdf.

[26] “The Principles of Public Administration: Albania”, SIGMA, OECD, European Commission, November 2017, http://www.sigmaweb.org/publications/Monitoring-Report-2017-Albania.pdf.

[27] Idem.


Commitments

  1. Transparency of Government Reporting

    AL0061, 2018, E-Government

  2. e-Government

    AL0062, 2018, Access to Information

  3. Improved Business Regulation

    AL0063, 2018, Capacity Building

  4. Safe Communities

    AL0064, 2018, Anti-Corruption

  5. Improvement of Database/Portal with Coordinators’ Data of the Right to Information and Transparency Programs

    AL0044, 2016, Access to Information

  6. Budget Transparency

    AL0045, 2016, E-Government

  7. Integrated Registry of Citizens’ Housing

    AL0046, 2016, Citizenship & Immigration

  8. Establishment of Electronic Registry for Public Notification and Consultation

    AL0047, 2016, E-Government

  9. Digital Archive

    AL0048, 2016, E-Government

  10. Creating a Database for Archiving and Publication of Research Funds and Programs in Albania

    AL0049, 2016, E-Government

  11. Commitment to Publish Online Central and Local Government Legislation in Open Systems and for Free

    AL0050, 2016, Capacity Building

  12. Commitment to Open Standards for Contracting

    AL0051, 2016, Access to Information

  13. Starred commitment Implementation of the Law "On Protection of Whistleblowers", Capacity Building, Amendments and Its Bylaws

    AL0052, 2016, Anti-Corruption

  14. Provision of Electronic Services

    AL0053, 2016, Capacity Building

  15. Establishment of Multifunctional Centralized System for Building Permits

    AL0054, 2016, Capacity Building

  16. Establishment and Distribution of Digital Counters

    AL0055, 2016, E-Government

  17. Service Passport Standardization

    AL0056, 2016, Capacity Building

  18. Citizen Card

    AL0057, 2016, Capacity Building

  19. Electronic System of Registration of e-Prescription in the Republic of Albania

    AL0058, 2016, E-Government

  20. Electronic Monitoring System of Forests

    AL0059, 2016, Anti-Corruption

  21. Integrated Electronic System for Professional Licensing of Individuals and Legal Entities That Will Operate in the Field of Study Design and Supervision of Commissioning of Construction Works

    AL0060, 2016, E-Government

  22. Standardization of Corruption Complaints

    AL0031, 2014, Anti-Corruption

  23. Electronic Registry of Energy and Industry Permits

    AL0032, 2014, E-Government

  24. Implementation of Public Expenses Module in "Open Data" Format

    AL0033, 2014, Access to Information

  25. Promoting OGP Values Among Local Authorities

    AL0034, 2014, Public Participation

  26. Database on Economic Assitance Beneficiaries

    AL0035, 2014, E-Government

  27. Electronic Portal on Water Resources Administration and Management

    AL0036, 2014, E-Government

  28. Single Window

    AL0037, 2014, E-Government

  29. Electronic Access to Protected Areas

    AL0038, 2014, E-Government

  30. National Geoportal

    AL0039, 2014, E-Government

  31. e-Albania

    AL0040, 2014, E-Government

  32. e-Document

    AL0041, 2014, E-Government

  33. Starred commitment Law on Whistleblowers Protection

    AL0042, 2014, Anti-Corruption

  34. Police Service Offices

    AL0043, 2014, E-Government

  35. Open Data Portal

    AL0001, 2012, Access to Information

  36. e-Acts

    AL0002, 2012, E-Government

  37. e-Parliament

    AL0003, 2012, E-Government

  38. Extension of the Governmental Network, GOVNET

    AL0004, 2012, E-Government

  39. e-Government Interoperability Framework, e-GIF

    AL0005, 2012, E-Government

  40. Government Datacenter

    AL0006, 2012, E-Government

  41. Excise System

    AL0007, 2012, E-Government

  42. Starting of the e-Tax System

    AL0008, 2012, E-Government

  43. Starred commitment Online State Matura

    AL0009, 2012, E-Government

  44. The Regulation on Ethics in Research and Publishing

    AL0010, 2012, Education

  45. Digitalization of Higher Education Accreditation Process

    AL0011, 2012, E-Government

  46. U-Gov System

    AL0012, 2012, E-Government

  47. Online Inspections of Courts and Judicial Hearings

    AL0013, 2012, E-Government

  48. Digitalization of the File Transfer Process

    AL0014, 2012, Judiciary

  49. e-Employment Project

    AL0015, 2012, E-Government

  50. e-Concessions Procedures

    AL0016, 2012, Anti-Corruption

  51. Amendment of the Law “On the Right to Information for Official Documents”

    AL0017, 2012, Dispute Resolution & Legal Assistance

  52. Drafting a New Law on "Notice and Consultation"

    AL0018, 2012, Legislation & Regulation

  53. Tracking Project

    AL0019, 2012, E-Government

  54. Digitalization of the Notary Register

    AL0020, 2012, Access to Justice

  55. Online Citizens’ Claims in the Judiciary System

    AL0021, 2012, Access to Justice

  56. Work Inspection, Online Complaint

    AL0022, 2012, E-Government

  57. Financial Module of All Educational Institutions

    AL0023, 2012, Education

  58. Starred commitment Audio and Video Recording of Judicial Hearings

    AL0024, 2012, E-Government

  59. Starred commitment e-Albania Portal

    AL0025, 2012, E-Government

  60. e-Inspection Portal

    AL0026, 2012, E-Government

  61. Starred commitment Portal Www.Gjykata.Gov.Al

    AL0027, 2012, E-Government

  62. Disclosure of the List of Payments Made Daily by the Government Units

    AL0028, 2012, Access to Information

  63. e-Procurement System for All Small Purchases of Public Procurement

    AL0029, 2012, Anti-Corruption

  64. Implementation of the EITI Recommendations

    AL0030, 2012, Anti-Corruption

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