Home > 2.1.4 Others > ALBANIA - Joint Opinion on the Draft Law on the Legislative Initiative of the Citizens
 
 
 
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Paragraph 41
 

As mentioned above, the requirement for publishing the campaign costs (Article 8.2) is welcome, even if it is not explicitly imposed by international standards. The Code of Good Practice on Referendums (II.3.4.a) is applicable only to referenda and the report on the role of extra-institutional actors in the democratic system (CDL-AD(2013)011) does not require such reporting either. While the United Nations Convention against Corruption (UNCAC) does not explicitly regulate citizens’ initiatives, Articles 7 and 10 of the Convention may still be of relevance, taking into account the importance and potential to influence the legislative process, and to ensure integrity and transparency. In particular, the Convention requires “to maintain and strengthen systems that promote transparency and prevent conflicts of interest” (article 7) and “to enhance transparency in its public administration, including with regard to its organization, functioning and decision making processes, where appropriate” (article 10). It should also be noted that transparency requirements are equally applicable to incomes and expenditures. Furthermore, apart from reporting, the legislation may provide for independent mechanisms to audit the reports if necessary. Therefore, the Venice Commission and ODIHR would recommend strengthening further transparency requirements, by extending the scope of reporting to cover costs as well as incomes of the campaign and empowering the CEC, if necessary, to audit financial reports.