REMINDER – On activity of public institutions four months ahead of elections

12/01/2023 | News

Note to all central and local public institutions !

Article 91 and 92 of the law no. 10019, dated 29.12.2008, “Electoral Code of the Republic of Albania”, amended, as well as decision no. 9, dated 24.12.2020, of the Regulatory Commission “On the rules of reporting activities of a public nature of any public institution, with state capital, agencies, state entities, categories of prohibited activities, and the monitoring of activity, the behavior and the utilization of the human, financial and logistical resources of the state administration before the elections”, defines the rules for organization of public activities by the institutions  four months before the elections date.

Regarding the above provisions, I would like to bring to your attention  the following:

  1. Starting January 13, 2023 until May 14, 2023, every public body has the obligation to report in advance to the Central Election Commission, on  public activities carried out by the incumbent and/or any employee of the administration, or other staff members of the institution . Other entities where the state owns capital/quotas/shares or/and appoints the majority of the entity’s supervisory body or administrative body are also subject to this obligation.
  2. An activity is public when it is covered, depending on the activity, on the radio, television, press,  website,  online media, social media or  any other media through which the general public is informed on that activity.
  3. The Central Election Commission must be notified about the public activity at least 5 (five) days before it is scheduled to take place. If this deadline is not respected, the activity will be prohibited. The prohibited activity cannot be made public in any of the forms described in point 2 of this reminder.
  4. Notification or the reporting on the activity is done through the respective web interface of the Central Election Commission https://aktivitete.kqz.gov.al/. Each public entity has its own account opened on this interface for this purpose.
  5. The responsible people for reporting are the general secretary, or the general director, and in the absence of these functions, it is the holder of the highest administrative position in the institution, excluding the incumbent. The responsible people for reporting may authorize a third party for reporting, but in any case, they are the responsible people for carrying out this obligation.
  6. The report contains data on the public body that organizes the activity, the date and time of the activity, the topic of the activity, the highest level of participation, the guests of honor, the scheduled speakers and the media coverage of the activity.
  7. The organization of any activity of a public character, according to the provisions in points 1 and 2 of this memorandum, with the participation of public administration staff, must be reported. The use of signs, logos, slogans, banners, movable or non-movable posters, propaganda materials that directly or indirectly identify a political party/electoral subject or election candidate is prohibited in these activities.
  8. During the course of activities, according to point 7, of this reminder, the appeals or speeches which have a partisan or electoral content, in favor of an electoral subject or a candidate, are prohibited.
  9. Promotion of investments with the participation of voters/electorate, representatives of the political party is considered as an electoral political activity. The participation of public administration during official working hours in this type of activity is considered a violation of Electoral Code provisions. These types of activities with electoral purposes are not allowed to be published on the institution’s official website or the institution’s official social networks.
  10. It is prohibited the promotion of various projects in investments, services, for which the funds are forecasted after January 13 and outside the annual budget program approved at the beginning of the year.
  11. The public granting of legalization permits and/or any property title is prohibited during the time specified in this reminder/memo.
  12. It is prohibited to organize activities as defined in point 9 of this reminder, or other activities of a political/electoral nature in the headquarters and courtyards of schools, in hospitals and similar environments, in the headquarters of central and local public institutions, such as the ministry, municipality, various agencies and similar bodies.
  13. It is prohibited to organize activities as defined in point 9 of this reminder, or other activities of a political/electoral nature in libraries, cultural centers, except when these are otherwise provided by decision/instructions of institution they report to, such as multifunctional centers.
  14. The incumbents or the people responsible for the management/administration of multifunctional centers, cultural centers and sports facilities, should, in advance, make available the facilities in a neutral manner to all electoral subjects or candidates without favoring any of them.

For more, information, please refer to the law no. 10019, dated 29.12.2008, “The Electoral Code of the Republic of Albania”,  as amended, and the Decision no.9, dated  24.12.2020, of the Regulatory Commission, or you might contact us at  www.kqz.gov.al

State Election Commissioner

Ilirjan CELIBASHI

Letter sent to central and local public institutions

Letter sent to independent institutions

Letter sent to municipalities

 

NewsREMINDER – On activity of public institutions four months ahead of elections