The Impact of Law and Ethics in the Improvement of Public Services Provision in the Albanian Republic (Published)
Nowadays, countries with stable democracies, as well as consolidated means in the way of providing public services, have paid attention to the Public Administration. In addition to the legal remedy, necessary for the orientation of the ordering and decision-making activity that essentially typifies the Public Administration, it seems that the need to analyze the way public services are provided has been exposed. This apparently old tool, but under this context new, is Ethics. Reviewing literature, we think that, more emphasis is placed on developing countries, where Public Administration is found vulnerable to other phenomena, which damage the image and the most sensitive part: what the law or bylaws impose to Public Administration. This paper aims to bring a picture, at what level the ethical principle in the Albanian Public Administration has been raised and really functions, a principle which must go beyond the administrative activity.
Keywords: Decision Making, Ethics, Law, Public Administration, Public Service
Promisee’s Right to Bound Public Authorities to Their Promise: The Debate between the Doctrine of Estoppel and Legitimate Expectation (Published)
It is common place that public authorities sometimes give assurance to individual or group of citizen such as postponing development project, relocation, provision of benefits etc. As public administrative does not exist only to serves the interest of the representee, the rights and interest of others must be considered as well. Hence the ability of representee to enforce promises made by the authorities denotes administrative consistency and trust for the government. Traditionally, the representor is prevented by the private law doctrine of estoppel from resiling. However, the principle has gradually shifted towards collectivism. This essay revisit the principle behind the traditional doctrine and the current principle of legitimate expectation. In view of gradual acceptance of the latter, this essay discusses the viability of abolishing the traditional doctrine and the possible effect to future claims.
Keywords: Law, Public Administration, estoppel, legitimate expectation
A COMPARATIVE ANALYSIS OF THE NEW CIVIL SERVICE LAW IN ALBANIA IN VIEW OF THE COMMITMENTS UNDER OF THE STABILISATION-ASSOCIATION AGREEMENT WITH THE EUROPEAN UNION (Published)
Albania signed the Stabilisation Association Agreement with the EU in 2006. In june 2014 it has been officially accepted as a EU candidate state. The SAA agreement fosters democratic principles and protection of human rights, rule of law, and the principles of the market economy as enshrined and proclaimed in some key international documents such as the Universal Declaration of Human Rights, European Convention of Human Rights and in the Helsinki Final Act. Title VIII of the SAA “Policies of cooperation”, includes important provisons with regard to the public administration. It regulates in technical terms the obligation of Albania to establish an effective and responsible public administration seeking to implement the rule of law principles. The transparent and impartial recruitment procedures, management of human resources, career develoment in the public services sector both at the cental and local administation levels are crucial in this process. The signing of the SAA is only the first step for the comprehensive reform of the Albanian public adminstration, aimining at attaining the standards set forth by the principles of the European administrative space. The establishment of a system of professional civil servants that would guarantee the independence, integrity, transparence and the implementation of the principles of an open and efficient administration toward the public, remains a challenge. A new civil service law was adopted in 2013, aiming at the establishment of a stable and professional civil service system, based on merits, moral integrity, political neutrality and accountability of its members. The new law also regulates the juridical relationship between the State and civil servants and determines the management rules of the civil service. The paper explores the new civil service regulation in force in Albania, from the perspective of the obligations provided in the SAA regarding the strengthening of public administration and the establishment of a civil service system responding effectively to the integration challenges ahead, as well as in a comparative overview to the abolished system of civil service
Keywords: Civil service, Public Administration, Stabilization-Association Agreement, civil servant