The integrity of persons elected, appointed or exercising public functions

Abstract

By decision no. 32 of 2015, “On the establishment of a special parliamentary commission for the implementation of the issues in the resolution on the agreement between the majority and the opposition in the Albanian Parliament” was approved the establishment of a special parliamentary commission for the implementation of the resolution adopted on 24 December 2014, which, among other things, foresaw the commitment of the parties involved to work together with consensus, supported by the European Union, on the issue of individuals with criminal records, who hold a public post or seek to be elected or appointed to one, based on European standards and the assistance of the Venice Commission. On 17 December 2015, Members of the Albanian Parliament adopt by consensus the constitutional amendments and legislative framework which are necessary to introduce in our country a clear mechanism for the exclusion of criminal offenders from public offices. In this paper we examine regulatory issues relating to the legal framework necessary to guarantee the integrity of public officials, the verification and ascertainment of the prohibition of exercising public functions and the implementation of the prohibitive measures provided for by law no. 138/2015 “On guaranteeing the integrity of the persons elected and/or appointed to, or exercising public functions”, the so called “decriminalisation” law.