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Anti-corruption strategies versus public services and good governance in Albania

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Abstract

Corruption occurs in all countries regardless of the level of social and economic development. There is a high correlation between corruption and absence of respect for human rights and between corruption and undemocratic practices. Corruption alienates citizens from their government. There is also a high correlation between anti-corruption, good governance and public services. This paper will discuss how corruption affects good governance and public services in Albania. The relationship between central and local governments in Albania has always been fragile. The delegation of the competences from the central to the local government should be seen as a general benefit. A partial delegation of competences or fake delegation of competencies will be a problem for both central and local units. A partial delegation will lead to scarce public services and will give space for corrupt practices. Decentralization of the competencies will only be successful if local authorities can engage in political dialogue with central governments to promote their interests and cooperate among themselves. Strong involvement by all local government units is essential for the success of this process. Cooperation and coordination between central and local governments has been problematic as it is largely directed by political affiliation and influence. Improving this relationship is necessary to achieve constructive dialogue and institutional cooperation between the central agencies and local governments units. Intergovernmental relations will be improved through the establishment of institutional mechanisms of dialogue as well as the adoption of relevant legislation. This paper will discuss various anti-corruption strategies adopted in Albania.

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Notes

  1. World Bank, Helping Countries Combat Corruption: The Role of the World Bank, 19, 20 (Sept. 1997).

  2. Petter Langseth, Prevention: An effective tool to reduce Corruption, ISPAC Conference on Responding to the Challenge of Corruption: Global Programme against Corruption, Center for International Crime Prevention, Office of Drug Control and Crime Prevention, United Nations, Vienna (Nov. 19, 1999).

  3. Southeast Europe Leadership for Development and Integrity [SELDI], Anti-Corruption Reloaded Assessment of Southeast Europe, (2014).

  4. Langseth, supra note 2, at 2.

  5. Langseth, supra note 2 at 5.

  6. Id.

  7. GRECO –The Group of States against Corruption (GRECO) was established in 1999 by the Council of Europe to monitor States’ compliance with the organization’s anti-corruption standards. Membership in GRECO, which is an enlarged agreement, is not limited to Council of Europe member States. Any State which took part in the elaboration of the enlarged partial agreement may join by notifying the Secretary General of the Council of Europe. Moreover, any State which becomes Party to the Criminal or Civil Law Conventions on Corruption automatically accedes to GRECO and its evaluation procedures. Currently, GRECO has 49 member States (48 European States and the United States of America).

  8. SELDI, supra note 3 at 5.

  9. Id.

  10. Crosscutting Public Administrator Reform Strategy 2015–2020, Annual Monitoring Report, Tirana, Albania, (Feb. 2016).

  11. U.S. Department of State 15a (2013).

  12. SELDI, supra note 3, at 5.

  13. Corporatism: the control of a state or an organization by large interest groups, especially known and used during the communist rule.

  14. SELDI, supra note 3, at 5.

  15. Id.

  16. Commission staff working document Albania 2016 Report [WDA], European Commission, Doc. No. SWD (2016).

  17. Inter-sectoral strategy against corruption 2015–2020 Albania [ISAC], (Mar., 2015).

  18. US Department of State Report (2010).

  19. Marie Chêne, Albania: Overview of Corruption and Anti-Corruption, Transparency International, No: 289 (Jul. 12, 2011).

  20. ISAC, supra note 17, at 10.

  21. Global Corruption Barometer, Transparency International (2013), http://www.transparency.org /gcb2013/ country/?country=albania.

  22. EU Progress Report (2014).

  23. ISAC, supra note 17, at 10.

  24. On the Right to Information, Law No. 119/2014 (2014).

  25. ISAC, supra note 17.

  26. On the Preventions of Conflicts of Interest in the Exercise of Public Function, Law No. 9367, (Apr. 4, 2005).

  27. The law on the conflict of interest was adopted in 2005 but over the years it has been subject to several amendments (amended thrice in 2006, in 2012 and in 2014).

  28. Arjan Dyrmishi & Marsida Çela, Conflict of Interests in Albania: Regulatory Framework and Challenges to Implementation, Inst. Demo’cy. & Mediation (Oct. 2014).

  29. Whistle Blowing and the Protection of Whistleblowers, Law No. 60, (Jun. 2, 2016).

  30. Mark Worth & Arjan Dyrmishi, Protecting Whistleblowers in Southeast Europe a Review of Policies, Cases and Initiatives, Southeast Europe Coalition on Whistleblower Protection (2017).

  31. ISAC, supra note 17.

  32. WDA, supra note 16.

  33. ISAC, supra note 17.

  34. Commission staff working document Albania 2015 Report, European Commission, Doc. No. SWD 213 (2015).

  35. Oriona Mucollari, Local Decentralization and Regionalism (May 19, 2009) (Unpublished PhD Dissertation).

  36. Gerard Marcou, The State of Local and Regional Democracy in South—Eastern Europe, Council of Europe, Council Of Europe (2004).

  37. Mucollari, supra note 35.

  38. National Crosscutting Strategy For Decentralization And Local Governance [NCSDLG], REP. ALBANIA (2015–2020).

  39. Mucollari , supra note 35.

  40. NCSDLG, supra note 38.

  41. SELDI, supra note 3.

  42. Id.

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Muçollari, O. Anti-corruption strategies versus public services and good governance in Albania. Jindal Global Law Review 9, 93–107 (2018). https://doi.org/10.1007/s41020-018-0062-6

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  • DOI: https://doi.org/10.1007/s41020-018-0062-6

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