Today, a new package of legal measures was presented as part of the deepening of the reform for the protection of property and territory, during a meeting with representatives of institutions and interest groups. The event was attended by Prime Minister Rama, Minister of Justice Ulsi Manja, and the heads of the two agencies — the National Territorial Planning Agency and the Agency for Territorial Development.
The package as a whole is designed to safeguard land, territory, nature, and the environment through both administrative and criminal measures.
Prime Minister Rama described the package as an opportunity to introduce new instruments for the protection of the territory, which represent a natural continuation of the ongoing effort to free public spaces from illegal constructions.
“The new turning point we have taken on the long road of establishing the rule of law over the territory, in order to liberate public spaces, will not end until we have once and for all eliminated not only the unlawful structures used as instruments of usurpation, but the very phenomenon itself.” – stated the Prime Minister.
***
Prime Minister Edi Rama: Good afternoon! We are organizing this meeting with representatives from institutions and interest groups regarding the deepening of the reform for territorial protection, through a new package of legislative interventions which will be on the table of the new government as one of its very first decisions.
I would also like to inform you that for this new legislative package we are presenting today, intensive work has been carried out by a wide group of experts, jurists, and with the contribution of several Members of Parliament who have been active in the Committee on Legal Affairs.
I want to sincerely thank all those who have taken part in this effort, which in fact has been carried out without interruption throughout the entire summer. I firmly believe that — while of course, as nothing is perfect, neither is this package representing a set of measures that will give us the tools to protect the territory. Starting with the definitive success of an offensive that will last as long as necessary, perhaps throughout the entire new mandate, to bring about the irreversible end of any encouragement for illegal construction.
And further, extending to other aspects such as the protection of the authorship of architectural projects, which during this period — since construction began to develop through free enterprise in Albania — have often been deformed and sometimes violated in their form by the interventions of developers, something which has, in practice, reduced the decision-making of the respective local government units to almost a mere formality.
Following the presentation of the Package by the Minister of Justice, Ulsi Manja, Prime Minister Rama took the floor again:
Thank you, Minister. Thank you as well to the directors. I will try to make a summary without going into too much length, starting with a point of disagreement with what was presented—because this is the work of the working group—but in this case, it is my opinion that the penalties for arsonists should be far harsher than for those who build illegally.
It cannot be that setting a fire, such as in Gramsh, is punished with 3 to 8 years, while illegal construction in a forested, protected area is punished with 5 to 10 years. Illegal construction can one day be demolished, but the regeneration of forests takes many, many years. Therefore, I believe this should be revised, and I am convinced that arsonists should be treated as murderers, and deliberate arson should be punished the same as homicide.When the heritage of many generations is destroyed in two or three nights, when human lives are put at risk, and when along with the forest the home itself is lost, this is indeed premeditated murder.
Now, I want to emphasize first that the new turning point we have taken on the long road of establishing the rule of law over the territory, to liberate public spaces, will not end until we have once and for all eliminated not only the unlawful structures used as instruments of usurpation but the phenomenon itself.
On the other hand, of course, we are very clear about the fact that we are a Mediterranean country, a tourist country, and without question, we must allow tables and chairs outside—but all within a system based on a general regulation, which, as the Minister mentioned, has already been prepared. For every chair placed outside, there will be a contribution of one tree planted. Naturally, this means for the square meter occupied permanently by the chair, not that every time you put out the chair you must plant another tree that would be a masterpiece, but it is not what we are demanding. Additionally, beyond the regulation, we will create the conditions to assist those businesses that wish to operate always with permits, norms, and clear criteria, whether shelters, awnings, or anything else. But it will no longer be allowed to have platforms or the opening of platforms extending all the way to the road.
Secondly, what was raised here regarding the illegality of “legal construction” is another phenomenon that we will do everything to end once and for all. There has been significant improvement, but improvement alone does not interest us. Personally, I am not interested in improvements in any sector; I am only interested in what is not working. And by focusing on what is not working, we will implement all these changes, assigning responsibility to every individual in the construction chain, from the architect, to the supervisor, to the inspectors because when an approved project is transformed, deformed, and disfigured, turning a legal building into an abusive one, all of them are part of a chain of culpability, at the center of which, of course, stands the builder.
At the same time, we cannot continue to see how some builders deceive citizens. Naturally, we can tell citizens that in a system like ours, contractual relations are agreements between private parties, not matters where government can intervene. If you have signed a contract and taken on responsibility by paying for a drawing or rendering, the state cannot do much. But this is not a solution. Because in the end, citizens have paid and are left outside, such as in that apartment block we visited with the Minister, where they were not even allowed to enter the apartment, they paid for. We even see the absurd situation where one apartment is sold twice. For this reason, the penalties will be extremely severe for those who engage in such practices.
Builders often operate in cooperation with architects, under pressure or other influence, accept deformations and fail to notify the relevant state authorities, as is required everywhere in the world. This failure to report will be considered a criminal offense. It will be considered complicity in a criminal act, and naturally, the architect will lose everything.
Another element I want to emphasize is that electricity and water connections will no longer be granted unless the building has received a certificate of use. On the contrary, until the day the certificate of use is obtained, there will be no water or electricity. Likewise, regarding establishments operating without permits, we will review this component, because you cannot operate without a permit while others are paying taxes, paying for electricity, paying for water.
At this stage, and in the years ahead as we move towards joining the European family, we must clearly distinguish between what belongs to the public, what belongs to the individual, what belongs to the community, what belongs to the business operator, what belongs to future generations and what belongs to today’s generations. These distinctions must be made, because otherwise we will not get far. Of course, we have already made this country much more livable, with much more order, but to make it a true part of the European Balkans, we must take an important step forward.
I believe these measures arise from a great necessity to make a final, decisive leap in leaving these phenomena behind. And every state official, every public employee who is found to be exploiting illegal construction for personal or family gain will be penalized.
Finally, usurpation of public space is also linked to a major misunderstanding among many people, including within the administration, and we have had very strong discussions about this over the summer. Public space does not necessarily mean state-owned property. Public space can be private property that remains undeveloped. In every constitution around the world, such land is considered public space maintained by the state.
As for new residential buildings, there is no question: once you, as the owner, have made an agreement with a developer, I will receive this much, he will receive that much from this property, then what belongs to you is the agreed share from the construction. Everything else belongs to everyone collectively. Just as the terrace is common property, so too is everything surrounding it.
Thank you very much, and I sincerely hope you will support us, help us, and be careful not to fall into any traps.
