AC Transparency Program
1. INTRODUCTION
The Transparency Program of Appeal Chamber 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. AC aims by implementing the transparency program to set up and increase the transparency level during the process of transitional re-evaluation of assessees. 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 AC website www.kpa.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.
2. GENERAL PRINCIPLES
Main principles where AC 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 AC 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
3. INFORMATION MADE PUBLIC AVAILABLE EX OFFICIO
The information consented for publication is expressively foreseen by Article 7 of the Law no.119/2014.
The AC in compliance with the Transparency Program approved , makes the information available to public by its official website, www.kpa.al, for information categories, as below:
The information consented for publication is expressively foreseen by Article 7 of the Law no.119/2014.
The AC in compliance with the Transparency Program approved , makes the information available to public by its official website, www.kpa.al, for information categories, as below:
- The organisational 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 AC 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 AC 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.
TABLE OF CONTENTS OF AC TRANSPARENCY PROGRAM
Category of information made available to public ex officio | Legal basis | Document/Contents | Publication timeline | Publication mode | The Responsible structure for filing or making the document public available |
Description of organisational structure, | Article 7/1/a of Law No. 119/2014 | Scheme | Immediately after the publication in the Official Gazette | On AC official website, menu “About us” | Economic & Support Service Directorate/ Human resource specialist |
Description of functions and tasks of the public authority | Article 7/1/a of Law No. 119/2014 | Table of functions, tasks and powers of directors and component structures | On AC official website, “Legislation” menu On AC official website, “Legislation” menu | On AC official website, menu “About us” | Economic & Support Service Directorate / Human resource specialist |
International Conventions laws; by-law acts; any other document related to the exercise of institution functions | Article 7/1/b of Law No. 119/2014 | Laws 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 AC President/Judges | On AC official website, menu “Legislation” On AC official website, menu “Legislation” | AC 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 Appeal form Information Address: Tirana Office hours: E-mail: | Immediately after approval of AC Transparency Program Immediately, in case of modifications | On AC official website, menu “Denunciation form” On AC official website, menu “On the Right to information –Information procedure” On AC official website, menu “Transparency Program Data” | Management of Cases & Public Relations Directorate/ Coordinator for media & foreign relations |
Data on the location of offices of public authority, office hours, name and contacts of the coordinator for the right to information | Article 7/1/ç of Law No. 119/2014 | Tirana, Office hours: Monday– Friday, 08:00 a.m. – 16:00 p.m. Coordinator for the right to information | Immediately after the approval of appointment order for the coordinator | On AC 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 and the procedure they follow to make decisions | Article 7/1/d of Law No. 119/2014 | Data on the qualification of Judges Data on the qualifications of Legal & Economic Advisors Assembly Decision No. 92/2017 “ “On the approval of the organisational structure and organigramme and classification of salaries for AC personnel” “On the approval of en block list of candidates selected for re-evaluation institutions according to Law No. 84/2016” Assembly Decision No.82/2017 ”On the approval of en 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 Legal Advisors by Independent Qualification Commission Description/provisions of Law No. 84/2016. | Immediately after publication in the Official Gazette | On AC 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 | Audit and monitoring Reports (ASSAI) | Immediately after submission by AC or publication by the official website of the monitoring authority | On AC 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 | On AC 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 | On AC 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 denounciations Register of requests/application for information Register of complaints/appeals | Periodically updated | On AC official website, menu “The right to information Register” | Economic & Support Service Directorate/ Public reception specialist Coordinator for the Right to Information |
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 AC official website, menu “Announcements— Announcement for public consultation” | Management of Cases, Media & Public Relations Directorate |
Documents kept/retained by AC | Article 7/1/h of Law No. 119/2014 | Table | After approving the table | On AC 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 Model | Periodically updated immediately after the model is approved | On AC official website, menu “The right to information – Frequently requested documents and 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 AC official website, menu “The Right to Information” On AC official Website, menu “The right to information -Data” On AC official website, menu “Announcements– Events” | Management of Cases, Media & Public relations Directorate/ Coordinator for media & foreign relations |
Service fees for obtaining documentation | Article 7 paragraph vi /c /l of Law No. 119/2014 | Table of service fees for obtaining documentation (accessible – table attached) | Immediately after the decision of the meeting of judges | On the official website under the “Transparency” menu |
Economic and Support Services Directorate / Human Resources Specialist |