Legislation

COLLECTION OF DOCUMENTS

The purpose of informing constitutional institutions and public authorities according to the amended Law no. 45/2015.

The purpose of the legislator, as expressed in Articles 26–30 of Law no. 45/2015, is to ensure that, through the background verification process, the candidate for such a position fulfills, among other things, the criteria of not having been a member, collaborator, or beneficiary of the former State Security, nor a person under investigation for espionage or terrorism; thus ensuring high integrity of candidates prior to appointment/promotion or election, as well as clean records in functional roles not only within the new institutions of justice and police, but also in every state administration institution.

Article 26 and 29 of the amended Law no. 45/2015

Informing constitutional institutions, public authorities, and other interested subjects about the identified documents of the former State Security, ensuring their review and delivery to the requester within a reasonable timeframe; A total of 2,656 candidates have been verified prior to appointment/promotion; candidates for parliament or before receiving a decoration or honorary title, of which 705 candidates have been verified for the new vetting bodies in the justice system, while 125 candidates have been verified for the police vetting process.

Article 26 and 30 of the amended Law no. 45/2015

a) Conducting the verification of candidates for Members of Parliament in the Assembly of Albania, mayors, and chairpersons of county councils, regarding the existence of information about them in the documents of the former State Security, when requested for the purpose of transparency of background during electoral campaigns. A total of 453 candidates for MP/mayor have been verified.

Article 26 and 27 of the amended Law no. 45/2015

Conducting verifications for individuals proposed for decorations, honorary titles, medals, and local honorary titles by the responsible institutions and local government bodies. A total of 243 candidates have been verified for the awarding of decorations, honorary titles, or naming of public spaces.

Article 26 of the amended Law no. 45/2015

Informimi për kërkesat e paraqitura nga gjykatat, prokuroritë ose Policia Gjyqësore, për efekt të një procedimi penal të regjistruar

Subjects of verification by the Authority?

  1. Kandidatët që aplikojnë për emërim apo ngritje në detyra si :

a) President of the Republic; b) Members of the Council of Ministers, deputy ministers, political officials, members of the senior management corps in the state administration and positions equivalent to them; c) Members of the High Council of Justice, judges and prosecutors in courts and prosecutor’s offices of all levels; ç) Members of the Constitutional Court; d) Officials in the Armed Forces of the Republic of Albania, the General Staff of the Army, the Republican Guard, officers holding the rank of “General” and “Colonel”; dh) Prefects; e) Directors and employees of the State Intelligence Service, the Defense Intelligence Agency, and any other intelligence unit; ë) Leaders in the State Police up to the district and police station level; f) Heads of diplomatic missions; g) Governors and deputy governors of the Bank of Albania; gj) Members of the Academy of Sciences, rectors, vice-rectors, deans, vice-deans in public universities; h) Director General and deputy directors of the Albanian Public Radio and Television; i) Director and Deputy Director of the Albanian Telegraphic Agency; j) Any other person decreed by the President or elected by the Assembly.

  1. candidates for Members of Parliament in the Assembly of Albania, mayors, and chairpersons of county councils, regarding the existence of information about them in the documents of the former State Security, when this is requested by them for the purpose of background transparency during electoral campaigns;
  2. candidates proposed for the awarding of decorations, honorary titles, medals, and local honorary titles

The necessary documentation for conducting the verification

  • Request from the institution for the official being appointed or promoted to the position
  • Request from the subject for the verification of candidates for Members of Parliament in the Assembly of Albania, mayors, and chairpersons of county councils.
  • Request from the institution (mainly the Office of the President of Albania and local government bodies in the Republic of Albania) for the verification of a candidate proposed for the awarding of decorations, honorary titles, medals, and local honorary titles.
  • Application form for officials being appointed/promoted/parliamentary or local elections, which must be completed in every section by the candidate.     

Objection to the actions of the Authority Article 39 and 40 of the amended Law no. 45/2015

When document requesters, as defined in this chapter, as well as individuals mentioned in them, find that the documents and data provided by the Authority contain inaccuracies, they notify the Authority by submitting a request for the correction of the data… including a full identification of the inaccurate information, the reasons for assessing this information as inaccurate, the identification of the parts requiring corrections, as well as data or documents that substantiate the claims of inaccuracy and assist in clarifying the information.

 

The Authority makes the relevant corrections in the document produced by the Authority itself, a copy of which is attached to the original document. In all cases, the correction is made by a reasoned decision and may be appealed to the competent court for the adjudication of administrative matters.