+355 42 228 516 info@hidaa.gov.al

Declaring Subjects

Subjects with the obligation to declare

1. Subjects obliged to periodically declare at the High Inspectorate of Declaration and Audit of Assets and Conflict of Interests:

a) The President of the Republic, the Assembly Deputies, the Prime Minister, the Deputy Prime Minister, Ministers and Deputy Ministers;

b) The Judge of the Constitutional Court, the Chairman of the Albanian Supreme State Audit Institution, the General Prosecutor, the Ombudsman, members of the Central Election Commission, members of the High Judicial Council, members of the High Prosecution Council, the Inspector of Justice and the Inspectors of the Inspectorate of Justice, the General Inspector of the High Inspectorate of Declaration and Audit of Assets and Conflict of Interests;

c) Middle and high level governing Officials, according to the legislation on power regarding civil servants, expect of self-governing local groups;

d) Prefects, chairmen of the County Councils and Mayors;

e) Department directors, commanders of the Armed Forces in the Ministry of Defense and the State Information Service;

f) Prosecutors, judges, the General Director of the State Bailiff Service, and executives of bailiff offices within jurisdiction of each judicial district of the first instance;

g) Independent public institution leaders and members of regulatory entities;

h) The director and deputy director of the State Police, the general directors of the State Police, department directors in the General Directorate of the State Police, local department Directors of the State Police, the head and officers of the the Judicial Police of the National Bureau of Investigation, judicial civil servants in the special courts against corruption and organized crime, and the administrative staff of the appropriate Prosecution Office;

i) General Director, General deputy Directors, department Directors of the General Directorate of Taxation, of the General Directorate of Customs, and of the General Directorate for the Prevention of Money Laundering;

j) Managers of all levels of Property Restitution and Compensation Structures,  privatization, and asset registration;

k) Officials elected and appointed by the Assembly, the President of the Republic, the Prime Minister, Ministers and equal Officials;

l) The Governor of the Bank of Albania, the deputy governor and members of its Supervisory Council.

m) Directors of public institutions depending on central institutions at regional level;

n) Administrators of joint-stock companies with over 50 percent participation of the state capital and more than 50 employees;

2. Subjects with the obligation to declare include individuals that, according to article 9 of this law, carry the obligation to declare upon request.

2.1. Subjects with the obligation to declare include individuals included in the articles 26 and 27, of the law no. 84/2016, “On the re-evaluation of judges and prosecutors in the Republic of Albania.”

3. The Assembly, according to its decision including the proposal of the General Inspector, sets the obligation to declare property for other functions, unforeseen by this law.

Different position candidates in the institutions of the justice system

1. Subjects obliged to declare their property and private interests:

a) candidates expressing the interest for vacancies at the Constitutional Court, as provided by the legislation governing the rule of law;

b) candidates expressing interest for the High Inspector of Justice as well as non-magistrate candidates for the position of the inspector at the Office of the High Inspector of Justice, in accordance with the provisions of the legislation regulating the governance of the justice system;

c) candidates for admission to the initial formation of the School of Magistrates as well as a graduate who is running for the nominees, according to the provisions of the legislation regulating the status of judges and prosecutors;

ç) candidates for judges and civil servants in specialized courts against corruption and organized crime, as well as their relatives, in accordance with the provisions of the legislation regulating the organization and functioning of institutions to combat corruption and organized crime;

d) candidates for prosecutors, investigative officers, administrative personnel of the Special Prosecution Office, National Investigation Bureau, and their immediate family members, as provided for in legislation providing for the organization and functioning of institutions to combat corruption and organized crime;

f) candidates who, according to the provisions of the legislation regulating the status of judges and prosecutors, require promotion to higher or specialized levels;

e) candidates for High Court members from the ranks of prominent jurists, as provided by the legislation regulating the status of judges and prosecutors;

ë) candidates for president of the court or other prosecution offices, as provided for in the legislation regulating the status of judges and prosecutors;

f) any other person who has the obligation to declare before the nomination, according to the legislation in force.

2. Candidates for the positions referred to in paragraph 1 of this Article, which are subjects that bear the obligation to declare private interests, according to the provisions of Article 3 of this law, are subject to full control of the property. If during the 180 days prior to the submission of the application the candidate was inspected by the High Inspectorate for the Control and Declaration of Assets and Conflicts of Interest and the control did not result in his disadvantage, then the control is deemed to be performed.

3. The High Inspectorate shall carry out full control over the verification of the authenticity and accuracy of the data contained in the declaration of the persons referred to in paragraph 1 of this Article, within two months of the submission of the declaration, unless otherwise provided in law. At the end of the verification, the Inspector General shall immediately send the verification report to the relevant institutions.