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LEGISLATION ON NOTIFICATION AND PUBLIC CONSULTATION

As of on October 30th 2014 the Assembly of Republic of Albania, adopted the Law no. 146/2014 “On Notification and Public Consultation”.

The purpose of this Law is  to regulate the relationship generated in a process of public consultation, transparent, inclusive, performed in time and effective among central and local public authorities and concerned parties, in the decision making process regarding drawing up acts such as bills, national and local strategic documents and policies of high public interest.

Article 21 of “  On Notification and Public Information” Law anticipates application by the Office of the Information and Data Protection Commissioner if the concerned parties consider that the public body has violated their right to notification and public consultation provided for in  Articles 6 (1), also when the deadlines provided in Articles 15 and 17 of this law are not met.

On receipt of a complaint, Information and Data Protection Commissioner, requires the applicant and the public authority to provide written submissions within 10 days. When considering it appropriate the Commissioner holds a public hearing with the participation of the parties concerned.

When the Commissioner concludes that there is a violation of the provisions of the law, proposes to the public authority in taking administrative measures against the responsible person/persons, in accordance to the civil service legislation in force.