TIRANA, June 22 – Albania’s Constitutional Court has requested an opinion on the controversial property compensation law, from the European Commission for Democracy through Law, better known as the Venice Commission, an advisory body to the Council of Europe. After two months of discussions on the property bill, the Court is seeking an additional expert opinion regarding its lawfulness as well as its compliance to Council of Europe standards.
Sources from the Constitutional Court told Tirana Times that this procedure is based on a previous accord between the Court and Council of Europe. The move reveals divisions between members of the Court in regards to the controversial property compensation bill which has been highly opposed by President Bujar Nishani, the opposition Democratic Party, the Republican Party and the Association of Former Landowners. They claim the law is in violation of the constitutional principles of judicial security, legal equality, Constitutional Court rulings and standards set by the European Court of Human Rights. Parties involved have also argued that the property issue is of vital importance to the citizens and has a direct impact on the country’s progress.
Few weeks ago, the Court decided to turn down a request by President Bujar Nishani, the Ombudsman, the Democratic Party, the Republican Party and the Association of Former Landowners to suspend the implementation of the law until a final ruling on its compliance with international standards. They all object the law as insufficient arguing that it contravenes with the Constitution, the European Convention on Human Rights and European Human Rights Court decisions.
Nevertheless, judges seem to face a dilemma on this hot topic. The government on the other hand is anxious over a possible negative ruling particularly since the Agency for Treatment of Property has already approved a long list of former landowners that will benefit financial compensation.
The government is seeking to minimize the burden of a huge financial bill deriving from this controversial issue as well prevent additional rulings by the European Human Rights Court in favor of former landowners.
The bill has sparked anger and protests among former landowners who have described it as unfair and biased, complaining over its poor compensation terms.
According to former landowners, the compensation fees approved by the agency are 100 times lower than the real market price which means that the money they will get will be reduced significantly, The law which aims to compensate former landowners for properties seized under communism was approved in December 2015 and was enforced earlier this year. In the next 10 years, the government plans to allocate about 439 million euros and 23,000 hectares of agricultural land in order to compensate about 26,000 families that have already won the right to payouts. Another 11,000 are still awaiting official recognition for their seized assets.
In the meantime the European Human Rights Court continues issuing rulings in favor of former Albanian landowners obliging the government to pay huge financial compensations. In 2014 and 2015 the government had to pay 2.5 million euros and 10.7 million euros respectively. The 2016 bill is expected to be even higher, considering that only in March, the court ordered Albania to pay 11 million Euros to six former landowners. The Strasbourg Court uses a higher compensation rate than the government According to the State Advocacy Office which represents Albania in these proceedings; another multi-million-euro ruling is underway.
