Assessment of the legislation
Legislation drafted by central, local or independent administration bodies can have negative consequences on competition in the market. The assessment of these legislative acts is intended to analyze the consequences that these acts have or may have on competition.
Legislative assessment aims to improve the quality of the proposal and helps to explain the necessity of an action or, on the contrary, demonstrates that no particular legislative action should be taken.
Law No.9121, dated 28.07.2003 “On Competition Protection” provides for the ex-ante (preliminary) and ex post (after approval), assessment by the Albanian Competition Authority of the normative acts. This law also specifies the obligation of central and local administration bodies to request the Authority’s assessment of any normative act affecting competition in the market.
Ex-post assessment (after approval) of existing laws is the task of the Authority and presupposes the identification of normative acts in force and the analysis of the consequences on competition. Cooperation with sectoral regulators and competent authorities (ministries or local government bodies) is desirable and in some cases necessary for carrying out this assessment. For the assessment of draft normative acts (ex-ante assessment) it is necessary that the drafters of these draft laws cooperate and take into account the suggestions and recommendations put forward by the Albanian Competition Authority.
Independent assessment–by the authorities themselves or legislators–constitutes a very important issue of the legislative assessment, because these authorities have a better acknowledgement of the reality and the economic sector in which they operate.
For more information on legislative assessment see “Guideline on assessing the consequences of competition legislation” approved by the decision no.68 of the Competition Commission.