Failure to enact this legislation will result in the closure of Administrative Courts activities administered under the Threshold Program by USAID.
TIRANA, Sep. 27 – The United States embassy in Tirana has warned that delays in approving the law on administrative courts jeopardizes continuation of US government assistance for Administrative Courts. In a statement issued last Tuesday, the embassy urged the passage of the draft law “on adjudication of administrative Disputes and the Organization of Administrative Justice,” known as the Administrative Courts Bill. In order to complete planned activities with U.S. funding, the law must be passed by September 30, 2010.
The Administrative Courts bill is one of six components of the Millennium Challenge Corporation Threshold Program II – Albania, which was signed in September 2008. The draft law has been pending in Parliament since early 2009. Failure to enact this legislation will result in the closure of Administrative Courts activities administered under the Threshold Program by USAID.
The Administrative Courts law is essential to helping Albania promote transparency in the judicial system, strengthen the rule of law, and boost citizen trust in public institutions. The bill would establish seven courts that would adjudicate disputes of citizens and businesses on matters such as employment, tax, customs, pensions, property registration, and compensation of property, as well as other important issues. In addition, the establishment of these courts would further align Albania’s judicial system with required EU integration standards.
The United States Embassy urges the Parliament to approve the law without further delay. U.S. assistance for the Administrative Courts Program will not be continued absent passage of the current bill.
Costs
Business costs associated with the absence of administrative courts are more than 400 million euros a year, say government officials who are pushing to have the law on the new court system approved in parliament.
The law, which has strong support in the business community, has become a ploy in the fight between the government and the opposition because it requires an absolute majority in parliament, which the governing parties do not have.
Government officials say it’s the opposition’s fault for keeping the business community in limbo.
However, due to the importance of the law it cannot pass with a single majority as the opposition has refused to vote on it, hoping to increase pressure on the government to accept a recount of the last parliamentary elections which the opposition says were rigged.
The opposition Socialist Party reiterated this week it won’t vote the bill which needs a qualified majority of 84 votes unless last year’s general elections are made transparent.
American businesses join call
The leading organization representing American businesses in Albania, the American Chamber of Commerce, joined the calls for the approval of the Administrative Courts draft law in the Albanian parliament.
In a statement, AmCham said it strongly supports the adoption of the bill, believing that a unanimous decision of all political parties to support this legislation is in the best interest of the business community and society as a whole.
AmCham says that as an organization that protects the interests of the business community, it has always called for cooperation and finding common ground among political forces, especially at a time like this, when an important draft law that affects the business community is under discussion.
The Chamber adds that the adoption of the law would pave the way for the establishment of Administrative Courts System, which Albanian businesses have been demanding for six years. The establishment of this modern court system will make it possible to have an effective and fair treatment of cases by specialized judges when there are disputes between individuals or organizations and central or local public institutions, according to AmCham.
