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Businesses excluded from tenders will no longer be reinstated through the courts, the EU imposes on the government a change in the law

2026-11-10 12:43:00 / EKONOMI&SOCIALE ALFA PRESS

Businesses excluded from tenders will not return

Businesses that are excluded from tenders by decision of the Public Procurement Agency will no longer have the luxury of returning through the back door through the courts. 

The European Union has imposed on the Albanian government a change to the Public Procurement Law, which closes a major loophole for abuse that often occurred in Albania: the reinstatement of excluded companies in procurement procedures by overturning the exclusion in court. 

It is about the simple addition of the conjunction "or" to Article 78 of the procurement law. This technical change comes as a direct response to a series of absurd decisions by the Administrative Courts, which in recent years have overturned the measure of exclusion against companies that manipulated public tenders.

Businesses excluded from tenders will not return

The bureaucracy that enriched fraudsters
To date, every time the Public Procurement Authority caught a company with forged documents, false balance sheets, or invented experience and put it on the "Black List", business owners went to court. 

The Administrative Courts, through a deliberately bureaucratic interpretation, saved them by arguing that the existing law required the company to have committed two violations simultaneously: both misinformation and the submission of false documents. If the company had committed only one, the courts ordered the APP to return them to the public money competitions.

Now, with the new wording, it is enough for a company to commit even one of the violations – either to misinform, or to submit a false document – ​​to be immediately removed from the system and blocked for a long period from all tenders in the Republic of Albania.

A blow to "Cartels" without waiting for the courts
In parallel, the new law removes another major obstacle related to secret agreements (cartels) between companies. If the Competition Authority discovered that two companies had colluded behind the scenes to predetermine the winner of a tender, they could still not be excluded from the APP unless the decision took "final form" in court - a process that lasted for years. 

The 2026 draft law deletes the phrase "final", giving the state the right to immediately block abusive firms once the competent institution has verified the monopoly agreement.

This radical change is part of the emergency package for the opening of negotiations with the EU for the "Fundamentals" chapter group. Brussels has made it clear: without a functional "Black List" and without the clear punishment of fraud, Albania cannot aspire to European integration./Kapital

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