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:

  1. “The right to information” is a constitutional right foreseen by Article 23 of the Constitution accessible by any person without exception.
  2.  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.
  3. 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.
  4.  The information is prepared in easily comprehensible and accessible formats.
  5. The competent authority for supervising public information procedures is the Commissioner for the Right to Information and Protection of Personal Data.
  6. The revision of the transparency program shall occur through the same procedure as its approval.
  7.  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 Publication modeThe 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”

 

Parliament Decision No. 94/2017 “On the approval of organizational structure, organogram and classification of salaries for PC personnel”

 

Scheme

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 In PC official website, “Legislation” menu

In PC  official website, “Legislation” menu

 On PC official website, menu “About us” Economic & Support Service Directorate / Human resource specialist
International Acts
laws;
by-law acts;
regulations; 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” PC and other public sector bodies
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 Denunciation form

 

Application form

 

Address:

Bulevardi “Dëshmorët e Kombit”; Administrative Unit No. 5;

ZIP Code: 1019; No. 8;

Tiranë, Albania

Contact usinfo@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  approval of PC Transparency Program  Immediately, in case of modifications On PC official website, menu “Denunciation form”

 

On PC official website, menu “On the Right to  information –Information procedure”

 

On PC official website, menu  “Transparency Program Data”

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 usinfo@ikp.al

Working Hours:

Monday – Thursday

08:00 a.m – 16:30 p.m.

Friday 08:00 a.m. – 14:00 p.m.

Coordinator for the right to information

Immediately after the approval of appointment order for 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

Parliament Decision No. 102/2018 “On the approval of organizational structure, organogram and classification of salaries for PC personnel”

Parliament  Decision No.82/2017 ”On the approval of  block list of candidates selected for  re-evaluation institutions according to  Law No. 84/2016

Ad-hoc Committee decision No. dated “On the admittance of Chancellor, Legal and Economic  Advisors,  by Independent Qualification Commission

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 Auditing Reports ALSAI

 

Monitoring Reports 

Immediately after submission  by PC or publication by the  official website of the monitoring authority On PC official website, menu “Announcements” 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 “About us – Budget/Procurements” 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 “About us -Budget/procurement” Economic & Support Service Directorate/ Finance expert
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 Periodically updated On PC official website, menu “The right to information Register” Coordinator for 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 approval of PC On PC official website, menu “Transaperence” Economic & Support Service Directorate/ Public reception 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 PC official website, menu “Announcements – Announcement for public  consultation” Management of Cases, Media & Public Relations Directorate
Documents kept/retained by PC Article 7/1/h of Law No. 119/2014 Table After approving the table On PC official website, menu   “Transparency Program – Information” Economic & Support Service Directorate/ Protocol /Archive Specialist
Frequently requested documents and  information Article7/1/k of Law No. 119/2014 Statistical data

Denunciation form

 

Periodically updated immediately after the model is approved On PC official website, menu  “The right to information” Management of Cases, Media& Public relations Directorate/ Coordinator for media & foreign  relations
Other useful data Article 7/1/l of Law No. 119/2014 Protection of personal data

Public awareness materials

Events

Immediately after approval On PC official website, menu “The Right to Information” Management of Cases, Media & Public relations Directorate/ Coordinator for media & foreign  relations