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The Constitutional Court repeals some provisions in the law on NGOs

2023-11-21 17:19:53Aktualitet SHKRUAR NGA REDAKSIA VOX
The Constitutional Court repeals some provisions in the law on NGOs
constitutional Court

The Albanian Helsinki Committee in partnership with the organizations Civil Rights Defender Tirana Branch, the Albanian Media Council, the Alliance against LGBT Discrimination and the Balkan Network for Investigative Journalism Albania - Balkans invested the Constitutional Court in January 2023, through a request requesting the repeal of some of the provisions key to law no. 80/2021 "On the registration of non-profit organizations".

With the argued belief that these provisions violate the constitutional right to organize, provided for in Article 46 of the Constitution and Article 11 of the European Convention on Human Rights, contrary to the provisions of Article 17 of the Constitution and international standards, the representative legal representative of the ASC, representing the legitimate interests of other partner organizations, submitted concrete requests, answered the questions addressed by the members of the judging panel, as well as proactively exchanged opinions and thoughts with the representatives of the other litigating party.

After the public hearings held by the Constitutional Court on October 10, 2023 and November 6, 2023, yesterday it was decided to partially accept the request filed by the Constitutional Court.

More concret:

1.  Non-profit organizations do not have the obligation to submit the request to be initially registered with the Tirana Judicial District Court, within the 30-day deadline.

2.  The provisions which burdened the chancellor with specific attributes have been repealed, and more specifically: the competence provided to the chancellor for making decisions on other registrations; registration, processing, examination of requests by the chancellor, as well as storage of data notified and deposited in the register, etc. As a result, the Court is the only competent body in relation to any action carried out by the organization or association, both in relation to the acquisition of legal personality or its termination, as well as the actions related to the exercise of this activity.

3.  Elements that provided for the administrative sanction with a fine in the amount of 0.1% to 1% of the annual income declared by the non-profit organization, in the event that the latter declares false data in the electronic register, or in the event that it does not, have been repealed fulfills the obligation of initial registration and other mandatory registrations within the established legal deadlines.

This decision marks an important step towards the protection of autonomy, the right to free organization and the rights of non-governmental and non-profit entities, guaranteeing fair procedures, in accordance with constitutional and international standards.

"We express our heartfelt gratitude to all partners, legal representatives and supporters who contributed to this achievement. This success reaffirms our commitment to protect fundamental rights and freedoms for all. Together, we continue to strive for a fairer and more equal society", says the reaction.


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