ANTI-CORRUPTION INSTITUTIONS AND MEDIA IN ALBANIA

Prevention & Awareness  National Coordinator Against Corruption (NCAC) appointed with the CMD, No. 1012, 22nd November 2013  Several independent institutions  Consultative Forum on Anti-Corruption Policies to be established within  Forum as a policymaker and monitoring body over the policy documents as well as actions being taken by the NCAC. National Strategy against Corruption completed by end of March 2014; National Action Plan against Corruption finalized and is expected to be adopted;  Both, Strategy and Action Plan to be monitored on quarterly basis Institutions

INVESTIGATION  Administrative vs. criminal investigations  Prosecution  High Inspectorate For The Declaration And Audit Of Assets And Conflict Of Interest  Unit On Internal Administrative Control And Anti-corruption by the Prime Minister’s Office  Supreme State Audit  High Council of Justice  Joint Investigative Units  Newly created Bureau of Investigation Investigation of corruption

Increased interest in anticorruption measures with some of the commitments having been approved already  Public consultation law (Nr. 146 /2014)  Law on the right to information (Nr. 119/2014)  Anti-mafia law provisions extended to high level officials  Procurement law changes upcoming Changes to HIDAACI on declarations of assets  Difficulties with conflict of interest Anti-corruption law relevant to media

Corruption and media Defining corruption  “the abuse of entrusted power for private gain” (TI)  UNCAC lack of definition  Criminal Law Convention Against Corruption (CoE)  “The direct or indirect proposal, offer, or giving, to a person, who exercises public functions, of any irregular benefit for himself or a third person in order to act or not act in relation to his duty, is punished by imprisonment from six months up to three years.” “ Ownership” issue—who deals with it?  Article 164/a - Active corruption in the private sector  Article 164/b - Passive corruption in the private sector  Article Active corruption of persons exercising public functions  Article 244/a - Active corruption of foreign public employees  Article Active corruption of the high state official and of the local  elected/representatives  Article 245/1 - The exercising of unlawful influence on public officials  Article Breaching the equality of participants in public bids or auctions  Article Passive corruption by public officials  Article 259/a - Passive corruption of foreign public employees  Article Passive corruption by High State Officials or local elected officials  Article Active corruption of the witness, expert or interpreter  Article Active corruption of the judge, prosecutor and of other justice official  Article 319/a - Active corruption of the judge or official of international court  Article 319/b - Active corruption of foreign and domestic arbiters  Article 319/c - Active corruption of members of foreign judicial juries  Article 319/ç - The passive corruption of the judges, prosecutors and other officials of the  justice bodies/system  Article 319/d - Passive corruption of the judge or of official of international courts  Article 319/dh - Passive corruption of domestic or foreign arbiters  Article 319/e - Passive corruption of a member of foreign judicial juries

Past issues Procurement excludes several services related to media  In line with Article 16 of Directive 2004/18/EC  (b) the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters and contracts for broadcasting time;  Recital 25 - (25) The awarding of public contracts for certain audiovisual services in the field of broadcasting should allow aspects of cultural or social significance to be taken into account which render application of procurement rules inappropriate. For these reasons, an exception must therefore be made for public service contracts for the purchase, development, production or co-production of off-the-shelf programmes and other preparatory services, such as those relating to scripts or artistic performances necessary for the production of the programme and contracts concerning broadcasting times. However, this exclusion should not apply to the supply of technical equipment necessary for the production, coproduction and broadcasting of such programmes. A broadcast should be defined as transmission and distribution using any form of electronic network.

Public institutions’ bottlenecks AMA  Several positive evaluations over the years  Past year negative evaluation  Research commission by Parliament indicates to politicization Limited inspection powers at most institutions Limited incentives for whistleblowers Limited effective cooperation with media  Pre-prepared material  Consultation capacities limited  Often misinterpretation of corruption related initiatives

Thank you!