Integrity verification process of persons elected, appointed or exercising public functions (original) (raw)

On 17 December 2015, Members of the Albanian Parliament approved by consensus the constitutional amendments and legislative framework which are necessary to introduce in Albania a clear mechanism for the exclusion of criminal offenders from public offices. To this regards, the election or appointment to or exercise of a public function in one of the organs provided for by the Albanian Constitution or established by law, shall be prohibited, in the case of the existence of circumstances that impair the integrity of the public functionary, under the conditions and rules provided for by law. Ergo, the law no. 138/2015 "On guaranteeing the integrity of persons elected, appointed or exercising public functions”, amended, provides a specific competence of the Albanian Parliament to adopt by the decision detailed rules and deadlines for the content, effects and model of the self-declaration form and inter alia determines the procedure for completing, submitting, administering and publishing the self-declarations. In this paper we examine regulatory issues relating to the legal framework necessary to guarantee the implementation of law no. 138/2015, which has been made possible thanks to the Decision nr.17/2016 of Albanian Parliament. This act foresees the detailed procedures for carrying out verification process and taking measures for enforcement of prohibitions, according to this law. The integrity verification process and the implementation of the prohibitive measures provided for by law no. 138/2015, amended, aims to guarantee the trust of the public in the functioning of elected State bodies, independent institutions and those established by law, public administration bodies, through preclusion of election or appointment thereof, or removal from public function of persons, who are in the prohibitive conditions of exercising public functions