Article 262 Criminal Code: protest permit requirement repealed by Constitutional Court (2021)
Status: Repealed (permit phrase), per Citizens.al, 2021
Summary
Article 262 of the Criminal Code, as amended in 2017, punished organising a gathering in public squares or places of passage without prior permission with a fine or up to one year in prison. A referral from the Shkodër Court of Appeal argued that it was unconstitutional. The Constitutional Court repealed the words requiring permission from the competent body (Citizens.al, 5 May 2021). The Court reportedly found the permit requirement incompatible with Articles 17(1) and 47 of the Constitution and noted that the 2001 gatherings law requires only notification to the State Police.
This is the most direct precedent in the sources reviewed for a challenge to protest restrictions. The referral was reported in February 2020 (exit.al). The decision text was not fetched.
Key facts
- Referral filed with Constitutional Court from 28 January 2020 (exit.al, 10 Feb 2020).
- Penalty under Art. 262 as reported: fine or up to one year in prison.
- Repeal reported 5 May 2021 (Citizens.al).
The record
Four lists kept apart on purpose: what is established, what is only alleged, what is still open, and what those concerned said.
What is proven (1)
Established by documents or official records, as stated in the research. A recorded charge or indictment proves only that the accusation was made.
- Repeal of the permit phrase in Article 262 as reported by Citizens.al.
What is alleged (0)
Accusations, not findings. Those accused are presumed innocent.
Nothing recorded in this list.
Open questions (2)
- Whether the 2026 package re-introduces a permit or prior-approval requirement.
- Whether the 2021 ruling was cited in any 2026 challenge.
Responses (0)
Responses of the people and organisations concerned, as recorded.
Nothing recorded in this list.
Timeline
Full timeline →Government
Law No. 8773 'Për tubimet' (on gatherings/assemblies) in force
Date and number as given in a 2021 Citizens.al report on the Constitutional Court repeal. The law's text was not fetched in this research. A 2020 exit.al commentary calls it the 'Law on Public Gatherings' (2001) and cites Articles 5, 7, 9, 16 and 19 (notification, police authorisation, dispersal, concealed identity); those article numbers come from the commentary and are not checked against the official text.
Court
Constitutional Court repeals permit requirement in Article 262 of the Criminal Code (report date)
Per Citizens.al (article dated 5 May 2021; decision date not stated in the article), the Court repealed the words 'without first obtaining permission from the competent body according to special provisions' in the first paragraph of Article 262 (organising gatherings without prior permission). The Court reportedly cited Articles 17(1) and 47 of the Constitution. The referral came from the Shkodër Court of Appeal. The decision text was not fetched.
Connections
repealed permit phrase in Art. 262 (2021)
Evidence: Citizens.al (5 May 2021) reports the Constitutional Court repealed the permit requirement in Article 262 Criminal Code.
Sources for this record
Every source the research cites for this record, grouped by its source label. 3 sources.
Source label: Officially reportedOfficially reported · 2 sources
- Publisher
- Citizens.al
- Date
- 5 May 2021
- Publisher
- exit.al
- Date
- 10 Feb 2020
Source label: UnverifiedUnverified · 1 source
- Publisher
- exit.al
- Date
- 23 Nov 2020