Legal Amendments to the Law No.13 / 2016 'On Public Service Delivery through Front Offices’
As a part of the IPSD Project, a workshop was organized within the framework of the "Review of the legal framework and proposals for amendment of Law no. 13/2016
In the framework of the project "Support to Improve the Provision of Citizens-based Citizens Services" - IPSD, funded by the European Union in cooperation with ADISA "Integrated Services Delivery Agency", the legal workshop "Review of the legal framework and proposals for amendment of ADISA Law" was held on Friday, January 19, 2018, at Hotel Opera, Tirana. The workshop presented the findings of the revision of Law No. 13/2016 and the proposed amendments.
Attending this workshop were representatives from Prime Minister Office, directors and specialists of the Legal Department, the Complaint Unit, the Standards Development and Monitoring Unit, the Service Development Unit, the Performance Unit, the Reengineering Unit and Institution Relations Unit of ADISA and the IPSD team who provided their input through opinions comments and clarifications referring to the proposed amendments.
The legal expert of IPSD Project, Mr. Genci Cifligu presented the draft amendments that include:
- Amendments to the purpose and scope of the law where the term "the provision of public services through front offices" has been replaced by "at one-stop service points, integrated centers, front offices, or responsible offices for the provision of public services"
- Several new definitions have been added, where the counter is defined as the smallest unit of public service delivery, and additional notions are provided for the dedicated counters or offices responsible for the provision of public services. Also are defined the terms "service provider", "public information", "service delivery infrastructure", "communication channels" etc.
- The principles of provision of services provided in the Law have been harmonized with the principles established by EU Directive 2006/123, dated 12 December 2006, "On Services in the Internal Market".
- The legal amendments have well-defined the functions of ADISA, where procedural provisions are added which explain how the application is submitted and forwarded.
- The amendments also contain the procedural provisions for determining the manner of establishment and function of the service delivery front offices and the definition of the procedure for the interaction of the applicant with the service provider.
- Regarding the provision of local government services, it has been harmonized with the legislation regulating the functioning of these functions
- The right to receive information and protection of personal data are dealt with in accordance with the law no.119 / 2014 "On the Right of Information and the Law with no. 9887/2008 "On the Protection of Personal Data"
- The changes include as well the administrative appeal where the procedural steps and time limits were well-defined, related to the filing of an administrative appeal against the activity of counters that offer service and against service providers.
- A new chapter on financial provisions for tariff setting and how to use them has been added to the proposed draft law.
Among the topics raised by the participants in the seminar we mention the unresolved issue of the institution responsible for ADISA and the uncertainty encountered by the institution of representation with authorization. Regarding this, the legal experts of the IPSD project will undertake the steps for a detailed reflection of the draft law, which states that the legal entities which fill the application by mail and that the application will be signed by the power of attorney representative.
After the finalization of these proposed changes in cooperation with the representatives of ADISA, the process of consultation of the draft law with the interest groups and their submission for adoption by the Parliament will proceed further.