KISH

Nine Business organizations gathered in solider statement on the motion to change the current law replacing it with the proposal of “Per Disa Ndryshime ne Ligjin per Procedurat Tatimore”.

DECLARATION

Directed to:

Mrs. Jozefina Topalli, Head of the Albanian Assembly, Mr. Edmond Spaho, Head of the Commission on Economics and Finances, Mr. Fatos Beja, Head of the Commission on Legal Issues, Public Administration and Human Rights, Mr. Bamir Topi, Head of the Parliamentary Group for the Democratic Party, Mr. Pandeli Majko, Head of the Parliamentary Group for the Socialist Party, Mr. Arjan Madhi, Head of the, Parliamentary Group for the Republican Party, Mr. Skender Gjinushi, Head of the Parliamentary Group for the Social Democratic Party, Mr. Sabit Brtokaj, Head of the Parliamentary Group for the Socialist Move for Integration Party and Social Democracy Party., Mr. Nard Ndoka, Head of the Parliamentary Group for the Democristian Party. Mr. Neritan Ceka, Head of the Parliamentary Group of the Liberal Democratic Center.Mr. Ymer Tola, Head of the Parliamentary Group for the Agro- Ambient. Party Mr. Vangjel Dule, Head of the Parliamentary Group for the Democratic Center.

For the Awareness of:

The European Commission Delegation In Albania

Ann Margaret Westin

The Ambassadors Group

The congregation of different business organizations that are currently operating in Albania is gathered to discuss the project- law “Per Disa Ndryshime ne Ligjin per Procedurat Tatimore ne Republiken e Shqiperise” nr. 8560, concerning the date, 22.12.1999.

 Worried we identify a major problem that this project- law creates. It requires the elimination of the right of the businesses to appellate to the competent organs, before all required duties fulfilled and fees paid. Therefore the approbation of such law would result in a continuum of subjectivism of the heads of the administration and their will in relation to the victimized businesses.

This project- law represents an unequal relationship of the businesses and the government, infringing one of the principles provided in the constitution, represented by Article. 11 and 18. These articles set the bases for the equal treatment of the private and state owned holdings as well as the equality to all in front of the law. This project- law eliminates the possibility of some security for the payment, requiring the payment of the principal obligation, as well as interests before the starting the appellate procedures take place.

The approval of such law creates effective barriers for the application of the right for the subject to refer to the Court, which is an important element of the righteous and fare legal process (Art. 42/2 of the Albanian Constitution).

This project- law is a philosophy in contradiction to the Stabilization and Association Deal as well as to PKZMSA, where the government of the Republic of Albania expresses its will to secure a non -discriminative environment and assures that will engage in the application rules and laws in a non –discriminative. Under such a framework there also included the legal acts and the European Union Directives (Session 3 “The ability to manage the obligations for the European Union Membership)

Furthermore this project- law is presented in a time when is accepted that the dept that is carried on the government’s behalf concerning unexecuted decisions with reference to the same government, has reached considerable amounts.

Based on what has been said above, The Businesses Organizations require that this project- law not to be approved by the Albanian Parliament .

 

Hoping, in the righteousness of the Legal Organs

 

Sincerely, 

Links:

Council of Ministers

Ministry of Finances

Min.of Foreing Affairs .

Ministry of Economy

Ministry of Labours..

Gen.Taxat. Dep.

Customs

Chamber of Commerce

Alb.Constructor associat.

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Eduard Ypi,

The law concerning fines was developed as concealed.

Konfindustria Shqipetare (Albanian Konfindustria), as well as entrepreneurs of the industrial and services sector, declare themselves to be incongruent to governmental plan that aims to create legal bases for the pre payment of the fines on behalf of the businesses.

 full version...

 

                               

ing.Hajredin Fratari, President of K.I.SH

 

 

 

ALBANIAN CONFINDUSTRIA
Mr.Irfan Hysenbelliu VicePresident of K.I.SH