BREAKING NEWS

Ilir Demalia sheds light on the scenes: I tell you the trap that Edi Rama is setting for 'Re-establishment', the real reasons for Bardhi's group's distance from Lulzim Basha, the panic that has erupted within them and the bitter news that awaits Sali B...

Ilir Demalia sheds light on the scenes: I tell you the trap that Edi Rama is
x
BREAKING NEWS

Idajet Beqiri: The investigations into the 'CEZ-DIA' file are over, in addition to Meta, Berisha and Shkëlzen, an American lawyer is at risk of handcuffs, the former president is preparing for the dark days in SPAK, here is the strategy he is following...

Idajet Beqiri: The investigations into the 'CEZ-DIA' file are over, in
x
BREAKING NEWS

Rama-Meta-Berisha sit together at the market table to monitor SPAK and overturn the justice reform, this is why the "Bermuda Triangle" has been alerted

Rama-Meta-Berisha sit together at the market table to monitor SPAK and overturn
x
BREAKING NEWS

The organizing group of the arms business in Gërdec is about to sink, the prosecutors are expected to take the facts from the American Justice in their hands, the order letters in the USA are launched, information will also be obtained about Patrick He...

The organizing group of the arms business in Gërdec is about to sink, the
x
BREAKING NEWS

Daut Gumeni: This is why the socialists and Gentiana Sula blocked the opening of Ilir Metaj's spy file, we expect that the "syringe with sea water" that the DASH senior official injected into SPAK prosecutors will lead to the arrest of "heavyweights"

Daut Gumeni: This is why the socialists and Gentiana Sula blocked the opening of
x
BREAKING NEWS

The scandal erupts, the Parliament of Albania is accused of voting without a quorum on the Law on Strategic Investments, this is how the Constitution was overturned by the majority, the fraud is revealed

The scandal erupts, the Parliament of Albania is accused of voting without a
x
BREAKING NEWS

The dubious wealth of the "sheikh" of the Assembly Laert Duraj who challenges the old "wolves" in politics, apartment 200 thousand euros, 11 bank accounts, staggering profits from rent, 180 thousand euros from property sales, how he justified the milli...

The dubious wealth of the "sheikh" of the Assembly Laert Duraj who
x
BREAKING NEWS

Here are the deals of the SP and Reestablishment, how they are defending the corruption of Klodian Allajbeu and Vilma Nushi, thefts with "Hemodialysis", "Check Up", "Laboratories" and "Sterilization" are proven, arrests are expected from SPAK

Here are the deals of the SP and Reestablishment, how they are defending the
x

Ekonomia

Property stalemate, for 8 months still no draft to change the law overturned by the Constitutional Court, 26 thousand compensation decisions are estimated

Property stalemate, for 8 months still no draft to change the law overturned by

Property restitution and compensation continue to be blocked for 9 months. In February this year, the Constitutional Court overturned the government law, overturning the compensation formula. Many people waiting to be compensated do not receive any response to the delays, but the stalemate lies in the lack of legal changes. The report that the Property Treatment Agency has sent to the Ministry of Justice on its work for the period January-August, has shed light on this process. According to the report, the project is in the final stage and will soon come out with the changes that will be made in the law within the decision of the Constitutional Court. “With the clarification of the decision of the Constitutional Court published in the Official Gazette no. 37, dated 11.03.2021, it was raised by Order of the Minister of Justice no. 309 dated 14.04. 2021 working group for "Drafting the law" On some additions and amendments to law 133/2015 ", to reflect on those points which were repealed by the Constitutional Court". We are currently working with the members of the working group in the ministry as well as with a working group from the State Advocacy, to conclude the final proposal which will be sent to the Council of Ministers and the Assembly of Albania for its approval. During this period legal representation has closed 534 appealed decisions in all courts of the country. "836 entities have received compensation from the fund of informal constructions in the amount of 70%", it is stated in the report. We are currently working with the members of the working group in the ministry as well as with a working group from the State Advocacy, to conclude the final proposal which will be sent to the Council of Ministers and the Assembly of Albania for its approval. During this period legal representation has closed 534 appealed decisions in all courts of the country. "836 entities have received compensation from the fund of informal constructions in the amount of 70%", it is stated in the report. We are currently working with the members of the working group in the ministry as well as with a working group from the State Advocacy, to conclude the final proposal which will be sent to the Council of Ministers and the Assembly of Albania for its approval. During this period legal representation has closed 534 appealed decisions in all courts of the country. "836 entities have received compensation from the fund of informal constructions in the amount of 70%", it is stated in the report.

Compensation details

According to the report, the Property Treatment Agency from the entry into force of law 133/2015 until the last publication in the Bulletin of official announcements no. 7, dated 23.02.2021 has evaluated a total of 26,092 final decisions for compensation for the years 1993 - 2013, with an estimate of 101,125,075,949 ALL. During the period January - August, 11 decisions were updated that recognized the right to compensation and 75 new applications. Regarding the compensation of special cases during 2021, in the period January - August there were 13 new applications and during this period 209 subjects were delivered the next installment with a fund of 626,568,910.35 ALL and 6 subjects were treated with the first installment with fund of 55,103,021.83 ALL.

Constitutional decision

The Constitutional Court in February dropped two points in Article 6, regarding the formula for compensation of owners. The government introduced a formula that compensation should be done according to the cadastral item, but the Constitution was not of this opinion and now the law in question will have to be revised. The court stated that the law in question violates legal certainty, according to it points "3" and "5" lead to new re-ownership, as compensated properties that have been previously returned. The Constitution notes that the formula presented by the government creates confusion in calculating the financial values ??that will benefit the old owners. In these circumstances, the court finds that the content of points 3 and 5 of Article 6 is not in accordance with the principle of legal certainty, as the calculation of the acquired area and what will be subtracted or added according to the formula provided in point 1 of article 6 is unclear and creates confusion in the implementation regarding the expectations of the citizens. "Referring to the law under review, the court notes that the legislator through it has regulated the issue of physical and financial compensation of former owners expropriated by the communist regime in Albania. "This readjustment must be seen in terms of respecting the criteria set by Article 17 of the Constitution, which is the test that must find application in any interference with the fundamental rights and freedoms of the individual, according to the consolidated practice of the Court." of the Constitution. The court notes that the legislator through him has reorganized the issue of physical and financial compensation of former owners expropriated by the communist regime in Albania. "This readjustment must be seen in terms of respecting the criteria set by Article 17 of the Constitution, which is the test that must find application in any interference with the fundamental rights and freedoms of the individual, according to the consolidated practice of the Court." of the Constitution. The court notes that the legislator through him has reorganized the issue of physical and financial compensation of former owners expropriated by the communist regime in Albania. "This readjustment must be seen in terms of respecting the criteria set by Article 17 of the Constitution, which is the test that must find application in any interference with the fundamental rights and freedoms of the individual, according to the consolidated practice of the Court." of the Constitution.

Most read