Following the notification of the Ministry of Justice on the platform konsultimipublik.gov.al dated December 27, 2023, regarding the public consultation with the interested parties of the Document “Roadmap for the Functioning of Democratic Institutions”, Partners Albania present as below some comments and recommendations on the Roadmap measures and their implementation.

General comments

In the public consultation website, there is no explanatory relation, as an accompanying document of the Roadmap, which would present an explanatory summary of the content, the purpose and objectives that are intended to be achieved, and other necessary elements.

The document has very general language and for the most part, the content is not properly formulated in response to the presented headings/tittles. It remains necessary to complete and develop it further, with a more specific summary and analysis for each of the established priorities, as well as to add other sections that make the document a roadmap in terms of the implementation of the measures (eg. responsible institutions, partners in implementation, implementation indicators, deadlines, etc.).

The timelines that have been presented, in most cases, are either very general and extended in time (up to 2030) or are deadlines that have already been exceeded (within 2023) while the respective measures have not been implemented.

Comments regarding specific measures and implementation

Following, we are presenting our concrete comments and recommendations according to the measures defined in the roadmap:

I.Regarding the measures defined in Area 2. Functioning of the Assembly, Objective 2.1. Amendment of the Code of Conduct of the members of the parliament (MP), to add the obligation that the meetings of MPs and their staff should be organised only with those CSOs and lobbyists who are registered in the Transparency Register in accordance with the provisions of the Commission’s Decision dated 31 January 2018 on the Code of Conduct for Members of the European Commission, article. 7 as well as the publication of the minutes of the meeting until 2029.

Comment. The obligation for MPs and their staff cannot be limited only to those who are registered in the Transparency Register. The meetings must be open, and the notification must be public on the website of the Assembly. Regarding lobbyists, it remains necessary to clarify the term lobbyist and draft a law or other acts that define and regulate the activity of lobbyists.

II. Again related to Objective 2.1., in the implementation and capacity column, is foreseen the drafting of a work plan for achieving transparency standards and indicators 2024-2025.

Comment. We recommend to add “….after an extensive public consultation process with civil society organizations and groups of interest”. It is also necessary to add “Drafting periodic reports regarding the implementation of the work plan for achieving standards and transparency indicators. Involvement of NPOs and groups of  interest in the plan monitoring process. The inclusion of NPOs and groups of interest in consultative meetings of the monitoring report of the plan, before its approval in the Assembly”.

In relation to Objective 2.1, in the column of implementation and capacity, it is foreseen to increase the participation of CSOs and groups of interest in the meetings of parliamentary committees during the law-making and supervisory process, as well as during the exercise of the electoral function of the Assembly.

Comment. Beyond increasing participation, it remains necessary to have a commitment in more concrete terms that testify for the effectiveness and impact of the process. Creation of a standard procedure that forces the commissions to give their evaluations/feedback on the recommendations coming from NPOs and groups of interest, taking them into account or not, along with the relevant arguments, in accordance with the legislation on public consultation.

III. In relation to Area 3, The Role of Civil Society

Comment. The timelines provided for some of the measures are not in line with other strategic documents such as the “Roadmap for the government`s policy towards an enabling environment for the development of civil society 2019-2023, revised”. For measures provided in both Roadmaps, it is necessary to unify the activities, indicators, deadlines and responsible institutions.

IV. Regarding Area 3, Objective 3.1. Legal framework around civil society, Measure. The legislative framework for the National Council is amended to improve its functioning and to ensure greater involvement of public institutions and civil society representatives within 2026.

Comment: The National Council for Civil Society (NCCS) is the advisory body for dialogue and cooperation with NPOs, a function that remains unfulfilled over the years. The improvement of functioning has less to do with changing the legislative framework, than with the implementation of the law. Over the years, although the law stipulates the holding of periodic meetings that are called by the Chairman of the NCCS, the meetings do not take place or, in the cases that take place, they are very formal and are limited to the approval of the membership and not to the discussion of priority issues for the NPO sector. Even if there will be changes and improvements in the legal framework, the implementation of the law remains necessary. The transparency of NCCS’s activity and the publication of its activity, including periodic meetings, discussions and monitoring of proposed measures/actions, increased cooperation with the non-profit sector, remain very necessary for the improvement of NCCS’s functioning. Based on the above, the improvement of functioning does not need to wait until 2026 when the legal changes take place, but immediate measures for improvement should be taken.

V. Regarding Area 3, Objective 3.1. Legal framework on civil society, Measure. Approval of the monitoring evaluation report for the 2019-2023 roadmap.

Comment. It is necessary to add that the approval of the report should be done after making the draft report public and consulting with civil society. Based on practice over the years, the case is either that there is no Roadmap evaluation report at all, or that there is a report that is shared by the government, and for which there is no explanation how the monitoring was done, who did it, which civil society organizations or groups of interest were involved, etc. As a result, the assessment was not realistic and was in contradiction with many other reports of civil society organizations or EU reports. Therefore, it remains necessary to add as an obligation to this measure, the consultation with NPOs and interest groups, and the approval of the report after the consultations.

VI. Regarding Area 3, Objective 3.1. Legal framework on civil society, Measure. Approval of the new Roadmap for the enabling environment for CSOs 2024-2027, within the year 2024.

Comment. It is necessary again to specify, that the approval of the roadmap should happen after extensive consultation with NPOs and groups of interest. The new roadmap needs to be drafted based on a realistic assessment of the previous Roadmap, in line with other strategic approved documents (such as this Roadmap) and in line with the Guidelines for EU Support to Civil Society in the Enlargement Region 2021-2027.

VII. Regarding Area 3, Objective 3.1. The legal framework on civil society, in the column of implementation and capacity, is foreseen “The administrative procedures of the grant awarding process of ASCS will be improved within the year 2025”

Comment. In relation to ASCS and its operation, it remains necessary to make a full transparency of its activity. If it is envisaged to improve the administrative procedures of the grant awarding process, it is necessary to present explicitly how transparency is done. Determination of measures such as the preparation of grant impact reports, the publication of the available fund for grants, the detailed list of supported projects, organizations, budgets, contracts, etc. remain necessary in this regard.

Also, based on the findings of the monitoring reports of the enabling environment for the civil society sector, as well as the periodic country reports published by the EU, the support of civil society organizations with public funds remains limited. The grant fund for NPOs has remained almost the same for many years (with a decrease during the period of COVID 19), while it does not have to remain at the same levels. This fund should increase to respond to the needs of the sector and the changes that have occurred since the creation of ASCS. It is necessary to increase the support of ASCS with grants for NPOs, both to support new projects and to cover the co-financing for foreign donor projects. The NPOs institutional support should also be reflected in the distribution of grants, because even though it is foreseen, it has never been implemented.

VIII. Regarding Area 3, Objective 3.1. The legal framework on civil society, in the performance column, is foreseen “CSOs receive support through state funds, enabled by fast and improved procedures within 2030”.

Comment. State funds should not be understood and seen only through ASCS funds. There are also other institutions and mechanisms that should be included here (both at the central and local level). The roadmap should also consider these funds and the proposed adjustments should include all public funds. It is necessary to foresee this both in the measures and in the column of implementation and capacity.

IX. Regarding Area 3, Objective 3.2. National legal, regulatory and policy frameworks for civil society organizations (CSOs).

Comment. As part of the objective, are foreseen the conditions for registration, the freedom of association, the mechanisms for preventing interference and unnecessary pressure on the activities and members of CSOs, the conditions for taxation and access to funding/resources, etc.

Meanwhile, there are many other issues that remain problematic in the legal and regulatory framework which should be included here:

• The legal framework that regulates donations remains unchanged. The amendment of the law on sponsorship is included in the Road Mapfor the Government Policy towards a More Enabling Environment for Civil Society Development as a measure that should be implemented by the end of 2023, but despite this, the measure remains unimplemented. There is a lack of tax incentives related to the philanthropic activity of individuals. Also, there is no state strategy or policy regarding Corporate Social Responsibility (CSR).
• The legal and regulatory framework on social enterprises, even after 8 years since it entered into force, is not applicable. It remains necessary to improve and clarify that, for a more effective implementation of the law and legal and regulatory acts.
• Regarding the measures to prevent money laundering and financing of terrorism, it remains urgent to remove the NPO sector from the category of high-risk clients, as provided for in the existing legal framework, based also on the results of national risk assessments, which assess the NPO sector as low risk.

X. Regarding Area 3, Objective 3.2. The national legal, regulatory and political frameworks for civil society organizations (CSOs), in the column of implementation and capacity, is stated: “The electronic register of CSOs at the High Judicial Council is operational within the year 2023”.

Comment. The year 2023 ended and the electronic register is not functional. Decision 35, dated 26.01.2022 of the HCJ has not yet found practical application, nor has there been any notification regarding that, at the end of the forseen period.

XI. Regarding Area 3, Objective 3.2. The national legal, regulatory and political frameworks for civil society organizations (CSOs), in the column of implementation and capacity, is stated: “There is capacity of the High Judicial Council to ensure the operation of the digital system for the registration of CSOs within the year 2023”.

Comment. Again the same comment applies. The year 2023 ended and the electronic register is not functional. There is no public information about increasing the capacities of the HJC to ensure the operation of the digital system for the registration of CSOs.

XII. Regarding Area 3, Objective 3.2. National legal, regulatory and policy frameworks for civil society organizations (CSOs), in the implementation and capacity column is stated: “The capacities of the tax authorities were increased to cope with the need to enable fast VAT refund procedures”.

Comment. This does not reflect the legal framework in force and the recent changes that have occurred since September 2023, as long as it refers to fast reimbursement procedures. According to these changes, there is no VAT reimbursement anymore, but exemption from VAT. Furthermore, the legal framework in force does not have time limits/deadline on when the new procedure for exemption from VAT enters into force. This should be reflected with the change when it should enter into force. Then, the capacities of the tax authorities should be increased in accordance with the existing legal framework.

XIII. Regarding Area 3, Objective 3.3. The broader context for an enabling environment, Measure. “Revised legal framework for volunteerism, approved by 2027”.

Comment. According to Decision no. 790, dated 28.12.2023 “On the approval of the general analytical program of the draft acts that will be presented for discussion to the Council of Ministers during the year 2024”, the revision of Law 45/2016 “On Volunteerism” is foreseen during the III Quarter of 2024. Meanwhile, from 2022, a working group has been created with representatives from NPOs, the Minister of State for Youth and Children, the Ministry of Finance, the National Agency for Employment and Skills and legal experts, to discuss changes and improvements of the legal and regulatory framework. Based on these plans and developments, the deadline until 2027 its very distant and unnecessary. Since its adoption in 2016, the law has never become functional and has not fulfilled its purpose. It is not necessary in this situation, the time to be extended for several more years. This would negatively affect the development of an enabling environment for the promotion of volunteerism in the country.

XIV. Regarding Area 3, Objective 3.3. The broader context for an enabling environment, Measure. “Amendment in law no. 146/2014 “On public notification and consultation”, and in the secondary legislation for public consultation is made progressively towards the year 2030″.

Comment. The changes in the law no. 146/2014 “On notification and public consultation”, and in the secondary legislation for public consultation, have been raised as issues by civil society organizations and not only, for many years. The EU country report periodically highlights the need for improvement in this regard. In these conditions, when this issue has been discussed a lot and for a long time, the deadline should be advanced. It cannot be until 2030 because it is a very long period, while public consultation should be improved as soon as possible, and the legal and regulatory framework should be as enabling and effective as possible.

Based on Decision no. 790, dated 28.12.2023 “On the approval of the general analytical program of the draft acts that will be presented for review in the Council of Ministers during 2024”, the Law on Public Consultation is not expected to be included in the work agenda during 2024. It remains necessary, advancement of the deadline for this very important Law that guarantees the involvement of all actors and groups of interest in policy-making, that is also directly linked and impacting  the process of the country integration in the European Union.