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Monitoring Department for the Independent Constitutional Institutions

and the Independent Institutions established by law

Legal Basis: established upon the Decision of Bureau of Assembly (no 29 date 09.07.2007)

Main mission: Support in exercising the parliamentary control

Types of documentation:Providing updated information, analyses, surveys, studies, notes, follow – up and evaluation reports, memos, regarding implementation of law in the fields where the monitored institutions operate, the purpose which they are created for.

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Monitoring Department

Structure: 6 advisers and one general Director Legal Status: civil servants appointed according the

foreseen procedures of Civil Servant Law

Directly respond to: Secretary General, Speaker of Assembly (upon her request )

Background: university diploma in legal and economic

degree

Experience: good skills in providing studies and expert investigations in economic and legislative fields.

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Main Objectives :Constantly monitors the activity of independent institutions with regard to the

support of oversight and parliamentary function providing technical support to the assembly’s bodies

Such as : parliamentary standing committees, speaker

Documentation is organized according to the following series:

Implementation of legislation : Analyses and data concerning the implementation of law in the fields where the

monitored institutions operate, with the aim to find out the accomplishments and the problems that have emerged during the implementation of law, the legislative gap, or the need for legal amendments in the given fields.

Written assessment report prepared from the adviser regarding the annual work report presented by the independent inst during the phase of discussion in the hearings organized by the parliamentary committees that are responsible .T he committee organizes a hearing for the report or information and in the end of the discussions approves an evaluation report of the work of the institution that presents the report or the information

Written assessment report of adviser includes: evaluations, comments, recommendations

Adoption of the draft-resolution , in cooperation with deputy reporter to be

finalized and approved to the committee. (ref, article 103 Rules of Procedure)

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Objectives Keeps record related to : Structure, Proposals for changing organizational structure.Legal provisions : 1.)In almost all the organic laws of the independent inst , it is foreseen the approval

through decision of the Assembly of the structure and categorization of salaries 2.)Law N0.9584, datë 17.7.2006, regulate the methotodology of salaries, renumerations,

organizational structures of the Independent constitutional Institutions and the Independent Institutions established by law

Monitoring Department keeps evidence and follows – up the respective procedurein cases of structural approval or additional changes of internal organicsrequested and presented by the independent inst to the Assembly

Keeps record of the election/nomination criteria of the officials, prerogative of the Parliament, as well as the duration of their mandates, and their discharge from office.

Monitoring Department follows –up and prepare the documentation concerning the candidates to be elected , verifies whether it meets the legal and constitutional requirements concerning his/her qualifications, conflict of interest with the duty or place of work, incompatibility with the duty; motives, in compliance with the constitution and the law, of their discharge from office; beginning and end of mandate , inform about the vacancies etc.

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OBJECTIVES support of the supervising activity of the

parliament through budget approval : Financial Analyses to the request and problems that emerge regarding the budget of the independent institutions.(ref to article 80 of Rules of Procedure)

• Monitoring Department studies the written observations submitted to the Parliament and prepares written recommendations for the additional budgetary funds usually these institutions request .

• The analyse is based on the execution of previous budget provided to the institution by state and the supervision of the way it is implemented. To this conclusion, the adviser can recommend for approval of additional funds or the contrary.

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Monitoring department has close cooperation with legislative Service in order to perform its duty of monitoring the independent institutions, and ensures the parliamentary bodies carry out the supervision.

In concrete terms: Coordinates the work with the PC staff ( PC advisers and secretary) advisers of legal service involved to the PC activity , advisers for plenary session procedures, and keep in touch directly with MPs

Keeps in touch with Research Service for studies and comparative legislation materials in particular legislation of independent institutions of other countries and similar structure functioning as the Monitoring Department .

Cooperation with other departments inside the Assembly

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Cooperation and Contacts with Independent Bodies The Department is responsible for the effective correspondence between the parliamentary bodies and

the institutions being monitored.

Monitors their activity on a regular basis, assists them in bringing up their concerns regarding the creation or improvement of legislation in the Parliament and submit informing documents or written reports to the director of the department and a copy shared with other structures of the Assembly administration as well as with the PC.

It establishes constant contacts with SAI (Supreme State Auditing Institution), the Inner Auditing Institution as well as other institutions which carry out control in specific fields in order to acquire all the information of interest to the parliamentary bodies during the monitoring of the independent bodies, and also during the period the parliamentary control is being exercised.

• Invited to be present to important meetings , open activities and workshops organised by these organs. ( attending position )

• Ethic communication and confidentiality in gathering the information .

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Role of Monitoring Department in strengthening the oversight function of the PC

• The chairman of the committee, after receiving the written material of the monitoring adviser, gives the floor to orally present its evaluation marks as a specialized Service for issues of independent organs , subject to scrutiny of Parliament.

• The remarks of the adviser are followed after the presentation of the information material from the chairman or the representative of the independent organ convened to be asked in the committee during the hearings organized on the purpose of annual reports, or other cases related to the activities of these institutions, prerogative of Parliament.

• After that, the MP is the last to present his report in the capacity of the ‘rapporteur’ – delegated as responsible for the respective inst ( close collaboration with the monitoring adviser )who will highlight the important observations from his point of view.

• In each cases, the independent organs are known with the observations and recommendations of the monitoring adviser and deputy , only in that moment of organized hearing to the committee.

• This sort of procedure , makes clear evidence from one hand of the transparency of facts presented by the independent body, and one the other hand verifies the real facts and accomplishments examined by the monitoring department. On this basis, the committee, is the organ that after listening the two parties reporting , ask questions and discuss and finally reflect its statement to the draft-resolution to be voted in the plenary session .

• Press and visual media assist during the work of regular standing committee ‘s activity as well as the hearings of independent bodies.

• :

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Challenges

Strengthening the oversight capacity of the Assembly along with the reporting capacities of independent institutions through focusing the support of the Monitoring Department to

the activity of parliamentary standing committees, should focus more on the follow – up of the implementation of recommendations

approved by the Assembly by way of resolutions and declarations .

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Independent Bodies

Definition : as administrative Authorities, independent and autonomous in their organization and functioning , with technical expertise, performing oversight ,regulatory. auditing, corrective functions in order to protect constitutionally significant private and public interests. In Albania , the independent bodies are divided in

1.)Independent institutions which are defined in Constitution

2.)Independent institutions created by law

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Created by Law• The High Inspectorate of Declaration and Audit of Assets ( Hidaa)• The Commission of Civil Service ( CCS )• Financial Supervisory Authority ( FSA)• Competition Authority ( CA )• The Commissioner for Personal Data protection ( CPDP )• Central Elections Commission ( CEC )• The National Council on Radio-Television ( NCRT )• Deposit Insurance Agency ( DIA )• Board of Directors of the Radio-Television • Albanian Energy Regulator ( ERE ) • Electronic and Postal Communication Authority ( EPCA )• Procurement Advocate ( PA )• Council Of Ministers ( about the monitoring of civil service ) • The Commissioner for Protection against Discrimination ( CPD )

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Independent Constitutional Institutions

• The People’s Advocate ( Ombudsman )

• The State Supreme Audit Institution ( SAI )

• General Prosecutor

• Governor of the Central Bank of the State of Albania

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Whom are Independent Bodies Accountable to?

Nevertheless the fact of their independence, these bodies are not and cannot be without any control whatsoever .These bodies are accountable to their founder ( in most of the cases it is the Parliament )

They have relationships with the Assembly of Albania and have legal and constitutional responsibility to fall under the scrutiny of Parliament related to :

Implementation of legislation and the efficiency of their activity through the mechanisms of :

Annual reporting to the AssemblyAllocation of budgetary funds Approval of management structures and categorization of salaries hearing before Parliamentary Committees the appointment of members of the constitutional organs or those established by law The discharge of the members of the constitutional organs or those established by lawancillary functions, proposals and opinion of law amendments

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Dismissal of member of independent institutions –

accountability to the Assembly

Dismissal of the member of the constitutional bodies (which are elected by voting to the Assembly of Albania), while exerting their tasks that are provided in the organic laws of these institutions and ensure the accountability of these bodies to the Assembly of Albania who have the right to decide voting for dismissal

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Where do these Institutions report ? These institutions report to the respective parliamentary committee in charge, each one dealing with

the field of their activitty The Committee on Legal Issues, Public Administration and Human Rights;• The High Inspectorate of Declaration and Audit of Assets ,• The Commissioner for Personal Data protection,• The Commission of Civil Service ,• The Commissioner for Protection against Discrimination • Ombudsman • Central Elections Commission• General Prosecutor

Committee on Productive Activities, Trade and Environment:• Albanian Energy Regulator • Electronic and Postal Communication Authority The Committee on Economy and Finances • Competition Authority ,• Financial Supervisory Authority • Deposit Insurance Agency • The State Supreme Audit Institution• Procurement Advocate ,• Governor of the Central Bank of the State of Albania Committee on Education, Culture, Science, Sports and Means of Public Information • The National Council on Radio-Television • Board of Directors of the Radio-Television

,

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Constitutional and legal framework of Parliamentary control function

Provision 80 of Constitution :- The heads of state institutions, on request of the

parliamentary committees, give explanations and inform on specific issues of their activity to the extent that law permits..

Legal framework according to the Rules of Procedure of Albanian Assembly • Article 102 ( control to the executive power )• Article 103 ( control to the Independent Constitutional Institutions and

the Independent Institutions established by law through tool of reporting )

• Article 111 ( election of heads to the Independent Constitutional Institutions and the Independent Institutions established by law )

• Article 114 ( dismissal of the members of the constitutional organs )• Neni 115 (dismissal of the members of independent institutions

established by law)

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MP’s Status: the control function of MP

Organic laws of Independent Constitutional Institutions and the Independent Institutions established by law

Inquiry parliamentary committee

IMPORTANT : Parliamentary control function is referred to entire State’s activity and public authorities , but always in respect of division of powers , check and balance principle.

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Control and implementation of budget state law and other financial laws

• Control exercised by the highest institution of economic and financial control , the State Supreme Control .

• Provision 164 of Constitution defines :• The State Supreme Control presents to the Assembly: 1. a report on the implementation of the state budget;2. its opinion on the Council of Ministers' report about the

expenses of the previous financial year before it is approved by the Assembly;

3. information about the results of controls any time it is asked by the Assembly.

4. The High State Control presents to the Assembly a yearly report on its activities.

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– Faleminderit per vemendjen!

– Thank you for your kind attention!

– Sonila Kadare Adviser to the Monitoring Department of independent institutions

Assembly of Albania

email : skadare@parlament.al kadaresonila@yahoo.com

mob: 00355 682085124