General Overview on Law no.133/2015 "For the Treatment of the Property and the Completion of the Process of Property Compensation" in Albania

Abstract

As a matter of fact, this material is concentrated on a general overview of law no.133/2015 drafted over the property "For the treatment of the property and the completion of the process of property compensation". Through the new formulas that this law provides, it is aimed to be regulated and completed the process of return and compensation of the properties to the proprietors, by ending the efforts of 23 years of democracy, along which this case did not get the right solution. According to it, despite experts of the Agency of Return and Compensation of the Properties, governors, through the assistance and support of the European Council and experts of the World Bank has drafted the basis of an important reform, is considered that this law despite its positive aspects, violates the rights and fundamental freedoms of the property. Respecting the fundamental rights is an expression of the state of the right. In our country, the respect of fundamental human rights is a guarantee for the integration in the European Union. Protection of the Right of Property has certainly a great importance. But unfortunately it still remains an unsolved problem in our country even with law no.133/2015. This law treats this right basing on the actual situation of the matter of fundamental rights in Albania and in a special manner, the right of property, which is an obligation that comes as well from the European Judicial Order, through the Card of the Fundamental Rights (Article 17). This law is treated from the standpoint of the problems which still accompany this process in our country. It is a matter of fact that the Albanian reality is shown to be very problematic in the standpoint of the standards which are required by Article 1 of Protocol 1 KEDNJ. Respect and protection of the right of property has been in focus of a considerable number of complaints submitted near GJEDNJ from Albanian citizens. The concern regarding this situation is doubled because are violated the rights of individuals and the Albanian state is induced to pay considerable amounts as a result of such decisions. The number of similar complaints has been growing in numbers. Despite the commitment of the Albanian state and the measures that are taken, this matter still continues to be a problem for our reality. This law in its entirety does not treat the ascertained problems and attacked by the civil society, Albanian Citizens and the international institutions. Regarding the problems treated, this law is in contradiction with the constitutional principle of the legal security and is not effective at all as it is required by GJEDNJ.

DOI: 10.5901/ajis.2016.v5n1p163