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New draft law: Citizens can seek compensation for damages from air pollution

2026-04-01 11:57:36Aktualitet SHKRUAR NGA REDAKSIA VOX
New draft law: Citizens can seek compensation for damages from air pollution
Tirana

The draft law "On some amendments to Law No. 162/2014 "On the Protection of Air Quality in the Environment", as amended, issued for public consultation by the Ministry of Environment, provides that citizens have the right to seek compensation for health damages, in cases where it is proven that they were caused by violations by authorities in air quality management.

The proposed legal mechanism provides for a direct link between air pollution and financial compensation from the state.

The new Article 19/1 marks a significant change in the existing Law No. 162/2014, moving from a primarily regulatory approach to a model that also includes civil liability. According to the draft, any person who has suffered damage to health as a result of a serious violation, whether intentional or negligent, may claim compensation, if a direct link between the pollution and the damage is proven.

Citizens have up to three years to file a claim from the moment they become aware of the damage, while a maximum limit of 10 years is set from the moment of the violation.

This innovation seems to come within the framework of the approximation of the law with EU directives where the connection between pollution and public liability has a strong emphasis.

Beyond this, the draft law brings a broader package of reforms aimed at modernizing the pollution monitoring and management system. The draft expands the list of pollutants and technical definitions, including elements such as ultrafine particles and black carbon, and introduces the concept of “air quality modeling” for more advanced analysis.

At a practical level, it is envisaged to set up at least two monitoring superstations in urban and rural areas to improve data collection. These will be complemented by an integrated digital system, where all air quality data will be processed and published by the National Environment Agency.

The draft law also strengthens the obligations for the development of air quality plans. Responsible institutions will have shorter deadlines for reaction in case of exceeding the norms and will have to guarantee that the periods of pollution are limited to the maximum. In cases of emergency, local units will be obliged to implement short-term plans, which may include traffic restrictions or other immediate measures.

Another aspect is increased transparency. The air quality index will be updated every hour and citizens will be informed not only about pollution levels, but also about the effects on health and protective measures.

The draft aims to create a system where information is accessible in real time and usable for individual decision-making. In a broader aspect, the draft law also addresses transboundary pollution, requiring the identification of affected areas and cooperation with neighboring countries for monitoring and data exchange. If approved, the law will require the adoption of a series of by-laws within 18 months.


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