Law no. 84/2016, “On the Provisional Revision of Judges and Prosecutors in the Republic of Albania”, Article 7 of Law no. 119/2014, “On the Right to Information” (LDI) and the “Transparency Model Program”, approved by Order no. 14, dated 22.1.2015, of the Commissioner for the Right to Information and Protection of Personal Data, has been prepared the Transparency Program for the Institution of Public Commissioners .Through this program, the Institution of Public Commissioners aims to build and increase transparency during the process of transitional re-evaluation of the subjects.. The Transparency Program will be periodically updated, in accordance with item 2, Article 5 of the LDI. The information published in this program aims to make the transparency of the work of this institution through detailed reflection on the official website: ikp.al
I. INTRODUCTION
The Transparency Program of Public Commissioner is prepared in compliance with Law No. 84/2016 “ On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”, Article 7 of Law no. 119/2014 “ On the right to information” (LRI) and the model Transparency Program ” approved by order No. 14, dated, 22.01.2015 of Commissioner’s office on the Right to Information and Protection of Personal Data. PC aims by implementing the transparency program to set up and increase the transparency level during the process of transitional re-evaluation of assesses. The Transparency Program shall be periodically updated in compliance with Article 5 of Law on the Right to Information. The information published in this program is intended to make the SQC activity transparent by a detailed reflection of data published under PC website www.ikp.al The Transparency Program published in menu, texts/contents also contains time limits and the way the information is made available to public as well as the responsible structure for issuance and maintenance /administration of documents. The publication scheme, noted by the contents, indicates the menu where the document is published by its official website. Furthermore, any document shall be accessible to public through this publication scheme. As published under the official website menu are also found data which contain restrictions on the identification of personal data due to the protection provided on the privacy of persons/ subject of the data, etc. The publication scheme is presented by the table of contents noted in this program.
II. GENERAL PRINCIPLES
Main principles where PC Transparency Program relies are the following:
- “The right to information” is a constitutional right foreseen by Article 23 of the Constitution accessible by any person without exception.
- The assumption of maximal publication of data: The PC shall exercise public functions and the information issued from the exercise of its activity is published in accordance with the legislation in force, consequently.
- The rigorous/ correct implementation of Constitution, Law No. 84/2016 “On the Transitional Revaluation of Judges and Prosecutors in the Republic of Albania and legal provisions that regulate the SQC activity, specifically.
- The information is prepared in easily comprehensible and accessible formats.
- The competent authority for supervising public information procedures is the Commissioner for the Right to Information and Protection of Personal Data.
- The revision of the transparency program shall occur through the same procedure as its approval.
- Information made available to public ex officio must be:
- complete;
- accurate;
- updated;
- easy to consult,
- comprehensible;
- easily accessible;
- in compliance with the original documents possessed by the public authority
III. INFORMATION MADE PUBLIC AVAILABLE EX OFFICIO
The information consented for publication is expressively foreseen by Article 7 of the Law no.119/2014.
The PC in compliance with the Transparency Program approved, makes the information available to public by its official website, www.ikp.al, for information categories, as below:
The information consented for publication is expressively foreseen by Article 7 of the Law no.119/2014.
The PC in compliance with the Transparency Program approved, makes the information available to public by its official website, www.ikp.al, for information categories, as below:
- The organizational structure of public authority;
- Complete texts of conventions being ratified by the Republic of Albania, laws, by-law acts, codes of conduct, every policy document, manual or any other document bearing a connection with the assumption of SQC functions and affecting the broad public;
- Information on the procedures to be followed to file an application for information, postal and electronic address for lodging applications for information, as well as the appeal procedures against the respective decision;
- Data on the location of offices of the public sector body, working hours, name and contacts of the coordinator for the right to information;
- Data on the education, qualifications and salaries of functionaries, being subject to the obligation of declaring their assets according to the law, structures of salaries for other members of staff, as well as a description of the selection procedures, powers and tasks of the senior functionaries and the procedure they follow to make the decisions
- Monitoring and controlling mechanisms operating above the public authority, including the strategic work plans, auditing reports of the High State Audit or other entities, as well as the documents containing indicators of the performance of the public authority;
- Information on the procurement procedures, including: the list of concluded contracts; contracted amount; contracting parties and the description of contracted services or goods; information on implementing and monitoring the contracts, information on the services that the public authority makes available to the public, including the standards on the service quality; frequently asked documents and information; any other information deemed as useful by the public authority;
- Any mechanism or procedure for filing the applications and complains, in connection with the actions or omissions of the public authority; any mechanism or procedure, by which the interested persons may submit their opinions or have an impact in any other way on the drafting of laws, public policies or assumption of the functions of SQC as well as information categories made available to public ex officio;
- The PC shall create, keep and make public a specific record, reflecting the entire applications for information and the information made available in response. This register shall be updated every 3 months and it shall be made public on the internet site of the public sector body, as well as in the premises of the public sector body for the reception of the public. The identity of the applicants shall not be reflected in the register.
- The PC shall also create and archive a digital copy of its official internet site, filled out with information being required in the approved transparency program, as well as on the methods, mechanisms and periodicity of the public information publication, being made available to the public ex officio;
- The acts contain rules, norms or restrictions of the fundamental rights and freedoms of the individual, as well as with a direct impact on them shall be made public by posting in the official internet site, within 48 hours since the approval of the act by SQC. The information made public available according to this publication scheme is constantly updated as many times as it changes.
IV. TABLE OF CONTENTS OF PUBLIC COMMISSIONERS TRANSPARENCY PROGRAM
| Category of information made available to public without request | Legal basis | Document/Contents | Publication timeline | Publication mode | The responsible structure for filing or making the document public available |
| Description of organizational structure, | Article 7/1/a of Law No. 119/2014 | Parliament Decision No. 102/2018 “On the approval of organizational structure, organogram and classification of salaries for PC personnel” | Immediately after the publication in the Official Gazette | On PC official website, menu “About us” | Economic & Support Service Directorate/ Human resource specialist |
| Description of functions and tasks of the Institution of Public Commissioner | Article 7/1/a of Law No. 119/2014 | Table of functions, tasks and powers of directors and component structures | Immediately | On PC official website, menu “About us” | Economic & Support Service Directorate / Human resource specialist |
| International Acts laws; by-law acts; policy paper: any other document related to the Institution functions |
Article 7/1/b of Law No. 119/2014 | Legislation / By law acts / Decisions of Head of the institution / Internal Regulation | Immediately after the publication in the Official Gazette
Immediately after the order of approval issued by PC |
On PC official website, menu “Legislation” | Coordinator on the right of information in cooperation with the Economic & Supporting Directorate & The Directorate of Public Affairs and Public Relations Management |
| Information on the procedures to be followed to file an application for information, postal and electronic address for the submission of applications for information, as well as appeal procedures against the respective decision | Article 7/1/c/g of Law No. 119/2014 | “REQUEST FOR INFORMATION”
Address: Bulevardi “Dëshmorët e Kombit”; Administrative Unit No. 5; ZIP Code: 1019; No. 8; Tirana, Albania Contact us: info@ikp.al Working Hours: Monday – Thursday 08:00 a.m. – 16:30 p.m. Friday 08:00 a.m. – 14:00 p.m. E-mail: info@ikp.al |
Immediately in case of modifications |
On PC official website, menu “Transparency Program”
|
Management of Cases & Public Relations Directorate/ Coordinator for media & foreign relations |
| Data on the location of offices of PC, office hours, name and contacts of the Coordinator for the right to information | Article 7/1/ç of Law No. 119/2014 | Address:
Bulevardi “Dëshmorët e Kombit”; Administrative Unit No. 5; ZIP Code: 1019; No. 8; Tiranë, Albania Contact us: info@ikp.al Working Hours: Monday – Thursday 08:00 a.m. – 16:30 p.m. Friday 08:00 a.m. – 14:00 p.m. |
Immediately after the approval of appointment order of the coordinator | On PC official website, menu “Address & contacts” | Management of Cases, Media & Public relations Directorate/ Coordinator for media & foreign relations |
| Data on the education, qualifications and salaries of functionaries, being subject to the obligation of declaring their assets
Structure of salaries for other employees Description of selection procedures, powers and tasks of senior functionaries of PC and the procedure they follow to make decisions |
Article 7/1/d of Law No. 119/2014 | Data on the qualification of Public Commissioners,
Data on the Qualifications of Legal & Economic Advisors Data on the qualifications of the Chancellor Decision No.1, dated 22.01.2018 of Ad-hoc Committee by IQC “On the admittance of Legal Advisor Decision No.2 dated 30.01.2018 of Ad-hoc Committee by IQC “On the admittance of Economic Advisors. Decision No.3, dated 08.02.2018, of Ad-hoc Committee by IQC “On the admittance of Chancellor. |
Immediately after publication in the Official Gazette | On PC official website, menu “About us” | Economic & Support Service Directorate/ Human Resource specialist |
| Monitoring mechanisms; audit reports, performance indicator documents | Article7/1/dh of Law No.119/2014 | Monitoring Reports
Auditing Reports ALSAI |
Immediately after submission by PC or publication by the official website of the monitoring authority | On PC official website, menu “Transparency” /
“Transparency Program” |
Economic & Support Service Directorate/ Finance specialist |
| Budget and Financial Plan for the ongoing financial year | Article 7/1/e of Law No. 119/2014 | Budget
Reports |
Immediately after approval of Budget Law and reports of the monitoring every four month | On PC official website, menu “Transparency”
“Transparency Program” |
Economic & Support Service Directorate/ Finance specialist |
| Information on procurement procedures | Article 7/1/ë of Law No. 119/2014 | Register of foreseen procurements | Immediately after delivery to PPA (APP) | On PC official website, -menu “Transparency” /
“Transparency Program” |
Economic & Support Service Directorate/ Finance expert & The Responsible Authority on Procurement Procedures |
| Public services provided by the public sector body
Register of requests and reports |
Article 7/1/f of Law No. 119/2014
Article 7/1/i; Article 8 of Law No.119/2014 |
Register of requests/Application for information
Denounce form from the Public |
Periodically updated | On PC official website, -menu
“Transparency”/ “ Register of Request for Information” “Denounce form from Public” |
Directorate of Management of Cases, Media& Public Affairs / Public Reception Specialist. Coordinator on the Right to Information. |
| Service fees for obtaining documentation | Article 7/vi/ c/ l Law No. 119/2014 | Table of service fees for obtaining documentation | Immediately after PC approval | On PC official website, menu “Transparency” | Economic & Support Service Directorate/ Human Resources Specialist. |
| Opinions submitted on draft-acts compiled, etc. | Article 7/1/gj of Law No. 119/2014 | Draft-act, draft-bylaw, draft-strategy | Immediately after the compilation of draft-act/draft- strategy | On our official website, menu “Transparency” | Management of Cases, Media & Public Relations Directorate/Coordinator on the Right to Information. |
| Documents kept/retained by PC | Article 7/1/h of Law No. 119/2014 | Table | After approving the table | On our official gazette , menu “Transparency” | Economic & Support Service Directorate/ Protocol /Archive Specialist |
| Frequently requested documents and information | Article7/1/k of Law No. 119/2014 | Statistical data
“DENOUNCE FORM FROM THE PUBLIC” |
Periodically updated immediately after the model is approved | On our official gazette , menu “Transparency”
On our official page, menu “Denounce” |
Management of Cases, Media& Public relations Directorate/ Coordinator for Media & Foreign Relations |
| Other useful data | Article 7/11l of Law No. 119/2014 | Protection of personal data
Public awareness materials Events |
Immediately after PC approval | On our official page, menu “Announcements” | Management of Cases, Media & Public relations Directorate/ Coordinator for Media & Foreign Relations |
V. PUBLICATION
In accordance with the approval of this Transparency Program, the PC has made available to the public on its website [www.ikp.al]and in the public reception premises, the above categories in a specific menu titled: “Transparency”.
VI. MONITORING
The Commissioner, on the Right to Information and Protection of Personal Data monitors the implementation of the law “On the right to information”, promoting the principle of transparency in the work of public authorities, particularly by sensitizing and informing about the right to information.
The Commissioner, provides recommendations to public authorities regarding the conception and implementation of the Institutional Transparency Programs.