Criminal Offenses in Public Procurement in Albania: A Legal and Institutional Analysis

Abstract

The research paper examines the pervasive issue of corruption in public procurement in Albania, highlighting its detrimental impact on the economy and the integrity of state institutions. Through a comprehensive analysis, the study identifies various forms of corruption prevalent in public procurement, including manipulated offers, bribery, and favoritism, and quantifies the economic losses attributed to these illegal practices. The paper delves into the legal framework governing public procurement, particularly focusing on the criminal offenses outlined in the Albanian Criminal Code, including Art. 258, which addresses the violation of equality among participants in tenders and public auctions. The study elucidates the role of the Special Structure against Corruption (SPAK) in combating corruption and the challenges faced in effectively prosecuting these offenses. The findings underscore the need for robust strategies to enhance transparency, accountability, and enforcement mechanisms within the procurement sector. Furthermore, the research proposes several recommendations aimed at improving the legal framework, increasing auditing capabilities, and fostering collaboration between enforcement authorities and civil society to curb corruption in public procurement. Ultimately, the study emphasizes the necessity for ongoing reforms to ensure the integrity and effectiveness of Albania’s public procurement system in alignment with European Union standards.