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The Constitutional Court suspends the property law after the lawsuit for the financial compensation scheme

2023-11-09 16:18:00Politikë SHKRUAR NGA REDAKSIA VOX
The Constitutional Court suspends the property law after the lawsuit for the
Prime Minister's Office / Constitutional Court

The government may be forced to review again the law on the treatment of property and complete the process of their compensation. The Constitutional Court has decided to suspend this law, only one year after it was changed according to a decision of the Strasbourg Court.

The decision to suspend this law was taken by the Constitutional Court after the lawsuit filed by the Albanian Muslim Community.

KMSH demands in the lawsuit the repeal of several articles of the law amended in October of last year, as well as of a series of decisions of the council of ministers, which were issued before and after these changes in implementation of this law.

One of the articles that is requested to be repealed is the one that defines the methodology for calculating the financial compensation for the properties to which the cadastral item has changed. The law provides that for the properties for which the financial compensation was given by a final decision, after the entry into force of the changes of the previous year, they will not be subject to revision.

Also opposed is the article that determines that the final decisions, which only recognize the right to compensation, are financially evaluated according to the cadastral item that the property had at the time of expropriation. Simply put, if a certain property at the time of expropriation was arable land and is currently land, it will be financially compensated as arable land.

Last year's changes in the law addressed a decision of the Strasbourg Court in the case "Beshiri and others v. Albania". The ruling declared the government's new scheme inadmissible under the 2015 Property Treatment and Compensation Act.

Strasbourg also opposed the methodology of calculating the financial compensation, forcing the Government that in any case, it should be over 10 percent of the value of the compensated property.

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