The Crucial Issues About the Legalization Legislation on Illegal Constructions in Albania. What Can We Learn from the Balcanic (original) (raw)
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The legalization process challenges on Illegal constructions in Kosovo
A crucial point during the transition process of a country is the rule of law. This process is not easy and is often followed by negative outcomes. Illegal, uncontrolled and unplanned construction is one of them. This spreads process is usually very fast and spreads rapidly across the whole territory of the country. Similar to other countries of the Balkan Region, Kosovo has been dealing with this issue as well and has undergone a treatment process of equipping those buildings with legalizing permits. The law for constructions treatment without permit entered into force in 2014 and is implemented by the Ministry of Environment and Spatial Planning. As a result some building owners responded positively to the process and applied, however that number is not at a satisfying and in the recent months the process for legalization permits is being faced by a low number of applications. The main objective of this research is the identification of the actual challenges in the legalization process and how to turn them around to success. This will be achieved through data collection from legalization applicants and interviews with representative legalization officers from the Balkans who managed to have better results through a more simplified legalization process.
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The right of ownership in Albania is one of the fundamental human rights sanctioned on the Constitution. The right of ownership changes with the changes of economic social relations. Together with the tremendous political and economical changes in Albania, there was a great development in illegally obtaining the state property and private property also. After the year 1990, a considerable number of people used the force to keep and protect the property acquired illegally. In these conditions, the legalization was a pragmatic answer against the difficult consequences that came from the occupation of the land and massive population movement onto these lands. The legalization aimed to give ownership of state and private land to people who had illegally constructed buildings and to make them part of the process of urbanization. Legislative initiatives were undertaken and institutions were created in relation to this process. This study aims to present the legal steps and the documentation needed to obtain the title of ownership of the illegal objects and the closure of the procedures of its registration up to the final step of acquiring the certificate of property. This study presents a series of legal and judicial norms and their analysis in the view of respecting the right of ownership, and by giving suggestions that help the finalization of the process, in order to harmonize it with guaranteeing of the property right to the legitimate owners.
ILLEGALITY OF PROPERTY IN ALBANIA
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Property relations are closely related to power relations. Property reforms have continuously affected citizens, placing them in an unclear legal situation. In Albania after 1990, a multifaceted conflict began which has produced major conflicts between citizens, between citizens and the state, as well as between categories of citizens created as a result of legal effects. The brief history of the reforms goes from the owners of the period in the Ottoman Empire, to the owners of the period from 1912 to 1945. The reforms of the dictatorship nationalized every property. With the law number 7501, dated 19.7.1991, begins the complicated period of property and the experience of its massive illegality by Albanian citizens. In this paper we will investigate the way property is constructed anthropologically after this law and the social dynamics produced by it. Using participant observation, direct interviews, qualitative analysis, statistics, but also photo ethnography, we will elaborate in the paper the direct impact of these reforms on citizens. The feeling of illegality also constitutes the essence of the relations created with the general social, political and social system in the country.
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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.
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The legal system during communism is understandable in Albania only if we study its legal institutions and development. In this context, a chronological presentation is needed, based mainly on the work of Krisafi, Ballanca, Luarasi, Gjika, Elezi, Omari, Brozi, Gjilani (2009). In this framework, the analysis of this manuscript is closely related to the pre communism situation, not only in the frame of history of property law, but also institutions and content they had during the communism era. Main purpose of this article is the analysis of property-and commercial law in Albania, in the context of the consequences they brought in the transformation process of Albania with the fall of Communism and establishment of democracy.
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The right to immovable property is a fundamental right under the European Community and the "Economic Constitution" of the EU. But which are the problems that the Albanian state will face and how it should address them when the buying and selling of immovable property from foreigners will be liberalized. In this paper we will specifically focus on the EU citizen right to buy land in Albania. Based on the Stabilization and Association Agreement, signed between Albania. and the EU, for Albania arises the obligation to provide an equal treatment to EU nationals and Albania ones, concerning the right to purchase land. Through analysis of primary and secondary legislation of EU, the decisions of European Court of Justice and the European Court of Human Rights in this field, as well as Albanian legislation, there will be exposed noteworthy problems that Albania citizens and those of EU may encounter during these transactions. By analogy we will see the problems that are currently displayed in the EU member states in this field. We shall conclude that the approval by Albania of the law, which recognizes to the foreign nationals the right to acquire unconditionally immovable property, is not enough. A series of legal reforms are necessary in other areas in order to make possible the exercise of this right in the most complete and effective way possible.
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