Illegal constructions
08/06/2011 20:30
400 apartments are given to citizens in Vora amid reconstruction after the 2019 earthquake 04/05 21:11
Constitutional Court nullified an article of law 9794 of 2007, which
treats illegal constructions. The law punishes the authors of this
criminal act starting from a fine and to 2 years in prison.
The Constitutional Court argues that the Parliament cannot approve a new law or amend an existing one with simple majority, because these amendments require qualified majority voting.
Laws that require qualified majority voting could lose their significance if approved only with simple majority.
The Court adds that by respecting the constitutional criteria “qualified majority voting for sanctioning criminal acts in the Penal Code”, also serves to the principle of “legal security”.
The Constitutional Court says that article 15A of the law for supervision and discipline of construction works, which punishes the author of these illegal constructions, will be nullified, because it has not been approved according the Constitution.
The same law also punishes citizens that do construction works as additional parts of an existing building.
Law 9794 was sent at the Constitutional Court by Tirana Court of Appeal, which rejected the punishment of five Tirana citizens accused by the Prosecution for illegal constructions. This court requested by the end of the year to rule this repeal as incompatible with the Constitution.
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