1 REPUBLIC OF ALBANIA PARLIAMENT LAW No. 57/2014 “ON

REPUBLIC OF ALBANIA
PARLIAMENT
LAW
No. 57/2014
“ON THE ESTABLISHMENT AND FUNCTIONING OF THE NATIONAL ECONOMIC
COUNCIL”
In support of articles 78 and 83, paragraph 1 of the Constitution, with the proposal of the Council of
Ministers,
THE PARLIAMENT
OF THE REPUBLIC OF ALBANIA
DECIDED:
Article 1
Purpose
The purpose of this law is:
1.
The establishment of the National Economic Council (NEC) to guarantee the institutional
collaboration and public – private partnership for the development of economic policies,
ensure dialogue and consultation between government administration bodies and the private
sector, as well as increasedtransparency in public decision making and representation of the
private sector in this process.
2.
Determination of principles and procedures based on which the dialogue and consultation
process in NEC rests and developes.
Article 2
Scope of Law
1.
This law is implemented in relation to initiatives and practices of government administration
bodies for the changes in laws or by-laws as well as projects for changes in policies which
have an impact on the economic area more specifically:
1 (a)
(b)
(c)
(ç)
(d)
(dh)
(e)
(ë)
(f)
(g)
(gj)
2.
Government strategies and programmes related to economic development;
Preparation of government budget and fiscal packages;
Policies pertaining to privatisations and public procurement;
Investment promotion policies;
Policies pertaining to commerce and business development;
Policies pertaining to competition, market supervision and consumer protection;
Employment and remuneration policies;
Education and research & development policies;
The monitoring of the impact of aggravating bureaucratic practices on business
climate and government administration arbitrariness cases;
The improvement of tax legislation and related procedures;
Other matters that have an impact on the economic development of the Republic of
Albania.
Government administration initiatives will mean all projects for changes/amendments of laws
or by-laws, as well as projects for changes of policies that have an impact in areas determined
in paragraph (1) herein.
Article 3
Principles on which the public consultation is based
1.
The public consultation process in NEC is based on:
(a)
(b)
2.
The principle of publication, through notifying and making available to the
stakeholders the proposals, draft acts and/or policies the government administration
will propose;
The principle of consultation, through the exchange of thoughts, comments, remarks
and recommendations with the businesses on which legislative initiatives and/or new
proposed policies proposed by the government administration will have an impact;(c)
The principle of stakeholder commitment, through the involvement of various
stakeholders in the process of identification and formulation of issues, policies and
solutions subject to regulation.
The dialogue in NEC will take place through the exchange of thoughts, remarks,
recommendations and proposals through the official internet website of this Council, periodic
meetingsof senior level representation and other meetings and forms of organization for the
purpose of achieving the objectives in accordance with article (1) of this law.
2 Article4
Publication of legal initiatives
1.
2.
The ministry responsible for economy selects from the initiatives of government
administration bodies those that are included within the scope of this law, as determined in
article 2 herein, and submits what has been provided in paragraph (2) herein to the Technical
Secretariat of National Economic Council, which is established and organized in accordance
with Article 9of this law.
The ministry responsible for economy receives from government administration bodies and
makes available to the NEC Technical Secretariat, free of charge, the following:
(a)
Information on the purpose of the initiative explaining
(i)what will be regulated, changed/amended and/or improved,
(ii)what will be the impact on the private sector,
(iii)what is the foreseen financial impact;
(iv) otherinformation deemed necessary to explain the initiative in a clear and comprehensive
manner;
(b)
The text of the proposed law and/or bylaw;
(c)
When appropriate, the text of the existing law/bylaw where the proposed changes
have been integrated;
(ç)
The text of the proposed policy;
(d)
When appropriate, the text of the existing policy where the proposed changes have
been integrated.
3.
The NEC Technical Secretariat will publish in the NEC official website the information
received in accordance with paragraphs (1) and (2) herein.
Article5
Official website and solicitation of opinions
1.
Interest Groupswhich are impacted by legislative initiatives of the government bodies may
present/submit their remarks, comments, recommendations directly in the NEC official web
site. In addition, interest groups may request the NEC Technical Secretariat to publish in the
NEC official web site those initiatives of government administration bodies which have not
been selected by the relevant ministry in accordance with article 4 of this law but which the
3 interest groups consider they are part of the scope of this law, as provided in article 2 of this
law.
2.
The deadline for the submission of remarks, comments and recommendations by interest
groups is sixty (60) calendar days starting from the day after the publication of the draft act
provided in article 4 of the law. As well, within sixty (60) calendar days starting from the day
after the publication, government bodies commit to not give the draft bylaw prepared by them
any legal power.
3.
The NEC Technical Secretariat will collect the remarks, comments and recommendations
noted in this article, will process and will transmit them to the government body that has
taken the initiative to prepare the act.
4.
Exceptionally, in case of need to speed up the approval process of draft bylaws, the Technical
Secretariat, following the proposal of the minister responsible for the economy, may decide
to not follow the consultation process in accordance with this article, or shorten the deadlines
noted above. In any case, the moment the draft bylaw is published in the official website of
NEC, the Technical Secretariat also publishes the deadline for the submission of comments.
5.
Terms and conditions for determining the subjects to be given access into the official website
of NEC, to publish there their recommendations and comments, will be determined by the
Technical Secretariat.
Article6
Commitment of interest groups
1.
Interest groups, except for what has been provided in this law, may put forward in the NEC
official website their proposals for new legislation or meetings and other forms of
organizations in accordance with article 8 of this law.
2.
In cases when interest groups propose changes to laws, bylaws and/or existing policies, or
new bylaws and/or policies, their proposals should fulfil the criteria listed in paragraphs
letters “a” – “d” of paragraph 2of article 4of this law.
3.
Interest groups may denounce through the NEC official web site any excessive bureaucratic
practice, arbitrary action, failure to comply with the law or abuse of the law and the
government authority by the government administration against private entities.
4.
Interest groups that have the right of acting in the NEC official website according to this
article and article 5 of the law are considered only business organizations established,
registered and which exercise their activity in accordance with the law.
4 Article 7
Senior level periodic meeting
1.
NEC organizes periodic meetings convening on a monthly basis in the premises of the Prime
Minister’s Office of the Republic of Albania. The meetings are chaired by the Prime Minister
who is the Chairman of NEC.The minister responsible for the economy is deputy chairman
and carries out duties in accordance with this law and those delegated by the Chairman of the
Council.
2.
The participants in the meetings are:
(a)
The Prime Minister;
(b)
The minister responsible for the economy;
(c)
The minister responsible for finances;
(ç)
The governor of the Bank of Albania;
(d)
Not more than six (6) world and local economy personalities;
(dh)
Not more than six (6) of the largest tax payers coming from large private businesses
local or foreignrepresented by their legal representatives;
(e)
Not more than four (4) business organisations, established, registered and which
exercise their activity in accordance with the law represented by their legal
representatives;
(ë)
General Secretary.
3.
Except for the subjects listed in paragraph (2) of this article, representatives of international
organizations, including but not limited to the International Monetary Fund – IMF,
International Financial Corporation – IFC, World Bank – WB, European Bank for
Reconstruction and Development – EBRD as well as Director of General Directorate of
Taxation and Director of Customs General Directorate will participate in the meetings as
permanent guests.
4.
With the approval of the Chairman of NEC, the following persons are invited to participate
on a case by case basis:
(a)
The line minister or representatives of ministries and other central government
institutions that cover the area whose problems are discussed in a given meeting;
(b)
Academics (local and/or foreign) distinguished in the field of economics or other
personalities;
(c)
Representatives of other business organizations;
(ç)
Other subjects.
5.
The subjects listed in subparagraphs (dh) and (e) of paragraph (2) of this article will be
selected by the Chairman of NEC amongst those subjects that apply to the Technical
5 Secretariat to participate in the periodic meetings. The said subjects will participate in these
meetings for a period of six months from the day of their admission and upon expiration of
this period of time, they will be replaced by other subjects belonging to the same category.
6.
The subjects listed in subparagraph (d)of paragraph (2)of this article are determined by the
Chairman of NEC and have the right to participate in these meetings for a period which will
be determined on a case by case basis depending on their possibilities.
7.
Participation in these meetings of subjects listed in subparagraphs (d), (dh)and (e)of
paragraph (2)of this article may be banned by the Chairman of NEC, if they breach the
obligation to treat as confidential and not disseminate in the media, written press or in any
other form or forum, the information obtained due to their participation in these
meetings.They are replaced by other subjects that are in the list of applicants to participate in
these meetings.
8.
The participation in the periodic meetings is not remunerated. The subjects mentioned in
subparagraphs (d), (dh)and (e)of paragraph (2)of this article may withdraw at any time from
participation in these meetings.
9.
The way meetings are organized is determined in accordance with the rules on the means of
organization and functioning, approved by NEC.
10.
The agenda of periodic meetings is prepared by the technical secretariat of NEC and is
approved by the Deputy Chairman following consultation with Chairman of the Council.
11.
The NEC Technical Secretariat will let the participants in the meeting know at least seven (7)
calendar days in advance, the time for the next meeting, the agenda, and will make available
the materials related to the meeting.
Article8
Other consultation forms of NEC
1.
By a bylaw of the Chairman of NEC and proposal of the minister responsible for economy or
the General Secretary, consultation commissions may be established as ad hocstructures of
NEC to cover specific areas and sectors. Consultation commissions are temporary and
conclude their mission with the completion of the duties assigned.They are chaired by the
minister responsible for the economy. Consultation commissions carry out duties determined
in the decision establishing them. With their proposal and with a decision of NEC, they may
establish sectorial consultation secretariats.
6 2.
NEC, through its technical secretariat may organize meetings between interest groups and
various government administration bodies and institutions, which will take place based on
requests submitted by interest groups or government bodies.
3.
NEC may organize other forms of consultation which may be appropriate on a case by case
basis.
Article9
Technical Secretariat
1.
Technical Secretariat functions attached to NEC and carries out support and administrative
functions, with its seat at the premises of the Prime Minister’s Office.The activity of the
Technical Secretariat is regulated by this law excluding the implementation of the provisions
of the law no. 90/2012 “On the Organisation and Functioning of Government
Administration”and law no. 9643, date 20.11.2006 “On Public Procurement” with the
relevant changes.
2.
The Technical Secretariat will carry out the following functions:
(a)
(b)
(c)
(ç)
(d)
(dh)
(e)
(ë)
Administers the official website of NEC and determines the access rules for this site;
Collects and processes comments, remarks, recommendations, denunciations and
proposals of interest groups in the public consultation process carried out in
accordance with this law;
Sends to relevant ministries, NEC and/or other government institutions the
information processed and accompanying documentation as the case may be;
Monitors and implements projects and initiatives of NEC;
Helps and supports NEC in its work and running of NEC meetings;
At the request of the NEC Chairman, carries out surveys, prepares reports and studies
on issues pertaining to the scope of activities of NEC;
Analyses the phenomenon of arbitrary practices or other concerns identified by
business organizations and gives relevant recommendations;
Carries out other duties determined by the Chairman of NEC.
3.
The Technical Secretariat will be managed by the NEC General Secretary who will carry out
this duty without any remuneration. The General Secretary represents the Technical
Secretariat in relations with third parties.
4.
The Chairman of NEC appoints the General Secretary from business with legal and/or
economic experience for a term of four years with the right of reappointment. The General
Secretary is not a public servant and does not enjoy the civil servant status. The General
7 Secretary manages and supervises the work of the Technical Secretariat as monitoring and
mediator of the public – private dialogue and carries out other duties assigned by this law.
5.
The organisational structure of the Technical Secretariat will be approved by a decision of the
Chairman of NEC, with the proposal of the General Secretary. Labour relations of the
personnel of the Technical Secretariat will be subject to regulation in accordance with the
provisions of the Labour Code of the Republic of Albania and they will not enjoy the civil
servant status.
6.
Salaries and contributions of the personnel of the Technical Secretariat, as well as other
expenses related to its operation will be secured through donations, subsidies and other legal
sources without being in breach of law no 9367, date 7.4.2005, “On prevention of conflict of
interest in the exercise of public functions”, changed.
7.
The Technical Secretariat may decide to reimburse the subjects mentioned in article 7,
paragraph 2, letter “ç” and paragraph 4, letter “b” of this law for expenses incurred for their
participation and engagement in NEC.
Article10
Last provisions
Law no. 9607, date 11.9.2006 “For the Business Consultation Council” is abrogated.
Article 11
Entry into force
This law enters into force 15 days after its publication in the Official Bulletin.
CHAIRMAN
ILIR META
Approved on 5.6.2014
8