LEGAL BASIS

The Civil Servant Law is based on narticle 107 of the Constitution of the Republic of Albania, which provides:

1. Public servants enforce the law and serve the people. 2. Civil servants in public administration are appointed through a competition, except in cases provided for by law. 3. The guarantees of tenure and legal treatment of public servants are regulated by law.

  • The Commissioner's activity is based on the implementation of Albanian legislation; the recommendations of the annual Resolution of the Albanian Parliament for the evaluation of the activity of this institution, as well as the obligations arising from international cooperation.
  • The powers of the Commissioner, regarding the supervision of the administration of the civil service, are foreseen in the provisions of articles 14, 15 and 16 of the law "On Civil Servants" and are listed as follows:

Article 14
Commissioner's powers

  1. The Commissioner supervises, primarily or at the request of institutions, the implementation of the law on the administration of the civil service, in all institutions that employ civil servants.
  2. In exercising his powers, the Commissioner:
    a) conduct a full administrative investigation, according to the Code of Administrative Procedures;
    b) requests and receives from institutions any information necessary for the performance of his duties;
    c) inspects files and any document related to the administration of the civil service;
    ç) requires, ex officio or upon request, evidence from any employee or functionary of the institution;
    d) review and inspect any administrative practice in any institution that employs civil servants.
  3. Institutions that employ civil servants, as well as any public official or civil servant who has competence in the administration of the civil service, or has information in this field, have the obligation to cooperate with the Commissioner.

Article 15
Oversight

  1. If during supervision, the Commissioner deems that there is a violation of the law in the administration of the civil service, he/she shall, by written decision, warn the relevant institution, assigning it the tasks to improve the situation and setting a reasonable deadline for their implementation.
  2. In case of non-implementation of the decision given, according to point 1 of this article, the Commissioner may fine the responsible official for non-implementation of the measures. The amount of the fine is from 20 percent to 30 percent of the monthly salary of the responsible official. In case of further non-implementation of the decision, the Commissioner may impose another fine of up to 50 percent of the monthly salary of the responsible person.
  3. The decision to impose a fine may be appealed to the competent court for administrative disputes.

Article 16
Collection of fines

1. The fine decision is executed in accordance with the legislation in force for administrative offenses.

  • Law No. 44/2015 “Code of Administrative Procedures of the Republic of Albania”.
  • Internal regulation "On supervision/inspection procedures", approved by decision no. 17, dated 18.03.2015, amended by decision no. 158, dated 30.12.2022, of the Commissioner.