President Meta sends property law back to Parliament for review

Tirana Times
By Tirana Times March 26, 2020 17:53

President Meta sends property law back to Parliament for review

TIRANA, March 26 - The President of Albania, Ilir Meta sent the draft law “On the treatment of property and finalization of the property compensation process" back to the Parliament on Thursday, a few weeks after it was approved by the latter through 94 votes.

Meta argued that "some articles of this law should be reviewed by the Parliament of Albania, as their content in the current wording violates the principle of legal certainty, contradicts constitutional provisions, it risks creating constitutional tension and is not in harmony with the jurisprudence of the Constitutional Court."


The President added that the decisions of the Property Restitution and Compensation Agency to abrogate the decisions of the former Property Restitution and Compensation Commissions, violate the principle of legal certainty, calling the actions of the former "an unjustified interference with the civil rights of citizens."

In October of last year, the Venice Commission prepared a draft opinion on the finalization of transitional ownership processes in Albania. The Commission stated that the process is still incompetence and the overlap of agricultural titles remains a common issue in Albania.

"The Law No. 7698/1993 'On restitution to and compensation of former owners' started the process of restitution and compensation to the original owners expropriated during the communist regime. Both laws were amended several times. Up to date, this process remains incomplete resulting in cases in which the title to the land and the actual possession of it, and of any building erected on it diverge. Furthermore, overlap of agricultural titles in part or in whole is a frequent problem," the Venice Comission reported.

Furthermore, the VC pointed out that the draft law lacked "clarity and precision due to lack of definitions and far reaching regulatory power for the Council of Ministers, lack of basic procedural steps and clearly defined deadlines for title holders. There is a high risk that the draft law may raise issues of compatibility with Article 1 of the First Protocol to the European Convention on Human Rights and other provisions as well as with the Albanian Constitution."

Tirana Times
By Tirana Times March 26, 2020 17:53