Corruption-proofing of Albania’s laws on gambling and state police
Stronger democratic governance can address the problems that matter to people, like corruption. Corruption negatively impacts people’s quality of life by creating significant obstacles to effective governance, economic growth, and social stability. This causes people to lose trust in institutions, creating a cycle that further hinders progress.
A recent study in Albania found that majority of people (83.2%) believe that corruption is widespread and poses a major challenge for the country.
In the ongoing battle against corruption, WFD has helped pioneer the practice of corruption proofing of legislation, a crucial strategy for ensuring that new laws are resilient to misuse and unethical practices.
Corruption proofing of legislation is part of a scrutiny process that checks draft legislation before they are approved. It can be conducted by parliament, anti-corruption agencies, other specialised institutions or civil society organisations (CSOs). It is a systematic process of identifying weaknesses, gaps, contradictions or unclarities in draft legislation and in the legislative process, which can increase the risks for corruption once a law is adopted, applied, and interpreted.
Corruption is the abuse of entrusted power for private gain. Accountability systems are important for corruption prevention... Corruption proofing of legislation is essential for exposing and eliminating risks that arise from ill-intended lawmaking.
WFD’s programme in Albania led to effective corruption-proofing recommendations being integrated into two crucial laws: the Law on Gambling and the Law on the State Police, aimed at enhancing transparency and reducing corruption risks.
Countering money-laundering in the gambling sector
In the case of the Gambling Law, WFD’s recommendations were instrumental in improving measures to minimise the risks of money laundering and ensuring transparency in the gaming industry. In 2023, the Albanian government proposed amendments to this law, a sector notorious for high corruption risks, particularly related to money laundering.
Through WFD’s programme “Increased Government Accountability through a More Responsive Parliament,” experts conducted a corruption-proofing analysis, identifying critical weaknesses in the draft law.
Following extensive public consultations and the involvement of WFD experts, the Albanian Parliament adopted seven of WFD's twelve recommendations. Among the most notable changes were:
Improved transparency and anti-money laundering measures: WFD’s recommendation that foreign shareholders in online sports betting companies must hold a minimum of 30% ownership was adopted. This ensures compliance with laws requiring disclosure of beneficial ownership (an obligation that springs at 25% ownership), ensuring transparency and effectively addressing significant money laundering risks.
Extended public consultation: Parliament followed WFD’s advice to improve transparency and extend consultations with stakeholders and civil society, especially on issues related to corruption risks such as money laundering.
Player protection enhancements: Provisions to safeguard vulnerable individuals, including those receiving economic aid, and the establishment of a toll-free helpline for gambling addiction were incorporated, improving consumer protection standards.
These changes ensure greater transparency and accountability in Albania’s gambling sector, minimising the risks of corruption, money laundering, and criminal influence.
Reducing the risk of abuse of police power
WFD also contributed to improving Albania’s Law on the State Police, which sought to update the 2014 law governing the police force. WFD experts provided a comprehensive corruption-proofing opinion, identifying areas where the draft law could be strengthened to prevent abuse of power and political influence.
Out of seven major recommendations, three were adopted by parliament, focusing on critical areas of police accountability:
Clarifying police powers: WFD’s recommendation to limit police officers’ discretionary powers to conduct searches without proper oversight was adopted. The new law now requires prosecutor approval for searches, reducing the risk of abuse.
Ensuring data transparency: The adoption of clearer regulations for data processing within the police force helps prevent misuse of sensitive information and promotes transparency in operations.
Strengthening leadership accountability: WFD’s suggestion to define specific conditions for suspending the Director General of the State Police was also included, reinforcing the independence and integrity of the force.
The recommendations that were adopted significantly mitigate corruption risks within the police force, ensuring that Albania’s State Police operates with greater transparency and reduced susceptibility to political influence.
These achievements underscore WFD’s critical role in supporting good governance and accountability in Albania, marking a significant success in legislative reforms that tackle corruption head-on. WFD Albania will monitor the full implementation of the legislation, assessing its impact, and verifying that it is implemented in line with the intention of the law.
Commitment to combatting corruption
Mimoza Arbri, Director of the Legal Service Department at the Albanian Parliament, noted the importance of these reforms. She says that with the support of WFD, Albanian parliament has been implementing the CPL methodology for over a year.
Parliaments play a crucial role in combating corruption, and the methodology for CPL has significantly aided our efforts. By applying these measures, we can tackle risks that arise from ambiguous definitions and responsibilities, limited enforcement authority, and excessive exemptions.