VKM 589/2022: confiscation of unpermitted buildings; challenge rejected by Constitutional Court
Status: Challenge rejected by Constitutional Court, 15 June 2023. Decision in force per reporting.
Summary
Council of Ministers decision VKM no. 589, dated 7 September 2022, sets rules and procedures for confiscating, in the public interest, buildings constructed without a permit for profit, with a pre-emptive purchase right for owners or persons they authorise (title as reported by Shqiptarja and the search summary). The Democratic Party filed a request with 28 MPs' signatures to the Constitutional Court, case reported as No. 6 (Nj) 2022, arguing that the decision breaches equality before the law.
On 15 June 2023 the Constitutional Court unanimously rejected the request, so the decision remains in force (Shqiptarja, reporting the ruling). PD MP Gazment Bardhi and Marash Logu (PD) said the decision amounts to an amnesty for oligarchs close to the government; Shqiptarja (2 May 2023) reported this as the PD's claim. The Council of Ministers' response was not found in the article.
Key facts
- VKM no. 589, dated 7 September 2022 (Shqiptarja, 2023).
- Challenge by 28 PD deputies, case No. 6 (Nj) 2022 (Shqiptarja).
- Constitutional Court rejected request on 15 June 2023, unanimously (Shqiptarja).
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.
- The decision number, date and the Constitutional Court's rejection are reported by Shqiptarja, which quotes the ruling date and the rejection.
What is alleged (1)
Accusations, not findings. Those accused are presumed innocent.
- AllegationThat the decision favours builders connected to the government (Bardhi, PD).
Allegations and who made them (1)
Each line is an allegation as recorded, with the person or body that made it where the record names them.
- AllegationGazment Bardhi (PD), as reported 2 May 2023: the decision lets builders legalise unlicensed construction, including a 10-storey building in central Tirana, and is an 'amnesty of oligarchs close to the government'.
Open questions (2)
- Full Constitutional Court reasoning (not retrieved; the reported text gives only procedural reasons on delay).
- Whether the decision was applied to any named building (not found).
Responses (1)
Responses of the people and organisations concerned, as recorded.
- No response from the Council of Ministers found in the retrieved article.
Timeline
Full timeline →Government
Council of Ministers adopts VKM 589/2022 on confiscation of unpermitted buildings
VKM no. 589 of 7 September 2022 sets rules for confiscating, in the public interest, buildings built without a permit for profit, with pre-emptive purchase rights for owners.
Court
Constitutional Court unanimously rejects PD challenge to VKM 589/2022
Request by 28 PD deputies (case No. 6 (Nj) 2022) rejected; the decision remains in force. Reporting gives procedural reasons on delay only.
Connections
PD challenge (No. 6 (Nj) 2022) rejected 15 June 2023
Evidence: Shqiptarja reports the unanimous rejection of the 28-MP request.
Sources for this record
Every source the research cites for this record, grouped by its source label. 2 sources.
Source label: Officially reportedOfficially reported · 2 sources
- Publisher
- Shqiptarja
- Date
- 15 Jun 2023
- Publisher
- Shqiptarja
- Date
- 2 May 2023