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Draft law/ ERE, ERRU, AKEP, KPP etc. will return to autonomous agencies, no longer reporting to the Parliament

2025-08-20 14:24:36Aktualitet SHKRUAR NGA REDAKSIA VOX

Draft law/ ERE, ERRU, AKEP, KPP etc. will return to autonomous agencies, no

Some of the independent institutions, part of the state administration, entities and authorities, such as the Energy Regulatory Authority, the Water Regulatory Authority, the Public Procurement Commission, AKEP, etc. are expected to no longer be institutions completely independent from the government.

The new legal draft, submitted for public consultation, states that these authorities or entities that currently operate completely independently, undermine government accountability, therefore, in their redesign

"Keeping regulatory authorities outside the government's supervision brings problems in the implementation of the principle of separation of powers, fragmentation of the government's ability/responsibility for drafting and implementing state policies, and a vacuum in the system of government responsibility and accountability. Moreover, their distance from the executive branch may undermine institutional accountability regarding their overall performance," states the report prepared by the Ministry of State for Public Administration and Anti-Corruption. 

These regulatory agencies are expected to be subordinate to the ministries responsible for the areas they cover.

All this important legal change comes as a request from international institutions, such as the European Union and OECD/SIGMA, which through their latest report consider the fact that a large number of executive bodies report to Parliament as a defect, damaging their accountability and effective governance. Of the 25 authorities currently under the Parliament's jurisdiction, 11 are executive in nature, including some of the regulatory agencies," says SIGMA, listing institutions such as the Financial Supervisory Authority, the Commissioner for Civil Service Supervision, the Institute of Statistics, the Competition Authority, the Albanian Deposit Insurance Agency, the Authority for Information on State Security Documents, the Institute for Studies on Crimes and Consequences of Communism in Albania, the Audiovisual Media Authority, the Energy Regulatory Authority, the Electronic and Postal Communications Authority and the Water Supply Regulatory Authority.

However, sources for Report TV from the Ministry that proposed the draft law said that the AFSA, AMA and the Competition Authority will remain as they are according to European standards, while every other institution will be analyzed with SIGMA but also with the European Union itself.

Entet dhe autoritetet që do të preken nga ky ligj do të konsiderohen si Autoritete Autonome, ndërsa drafti për projektligjin për “Organizimin dhe Funksionimin e Administratës Shtetërore” parashikon gjithashtu shkrirjen në një të vetme, institucionet e varësisë dhe agjencitë aktuale autonome, duke reduktuar kategorinë e institucioneve jo-ministrore nga 3 që janë aktualisht në 2, me qëllim rritjen e funksionimit dhe llogaridhënies.

“The legislation in force (Law 90 and other sectoral legislation) provides for three types of non-ministerial bodies: Dependent Institutions (DI), Autonomous Agencies (AA), both subordinate to ministries and performing the same policy implementation functions, but with different legal regimes of organization and functioning, and Regulatory Authorities or Entities (RAE) that are established by separate laws, and that report to the Assembly and also perform policy implementation functions, but specifically of a regulatory nature (markets and industries). The current distinction between dependent institutions and autonomous agencies is not based on criteria of functional distinction. Also, keeping regulatory authorities outside the supervision of the government brings problems in the implementation of the principle of separation of powers, fragmentation of the government's ability/responsibility for drafting and implementing state policies and a vacuum in the system of government responsibility and accountability. In the latest assessment report for Albania for 2024, OECD/SIGMA is stated that “The autonomy of regulatory authorities in terms of their daily functioning is ensured; however, they report to Parliament, which is not essential for maintaining their functional independence. On the contrary, their distance from the executive may even undermine institutional accountability regarding their overall performance.” Proposal: The draft law proposes the existence of only two types of non-ministerial/executive bodies, namely the maintenance of classical institutions of dependency (IV) where according to this proposal the current autonomous agencies will also be included, and the complete re-conceptualization of Autonomous Agencies to accommodate the current typology of Regulatory Authorities, by regulating their legal regime of organization and functioning capable of guaranteeing a full functional autonomy in the performance of regulatory functions, as required by European legislation for each of the regulators,” the draft law states.
The draft law also proposes the creation of a mandatory, uniformed system of oversight/accountability of non-ministerial bodies based on the institution's results. The draft law proposes the addition of several provisions for the creation of institutions subordinate to the Prime Minister. More powers are given to the heads of directorate institutions. Meanwhile, the draft proposes new rules for stronger control of institutional changes, requiring detailed analyses by ministries before the creation of new institutions and entrusting the Department of Public Administration with the leading role in this process.


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