Ex-owner compensation postponed, draft: Deadline for consideration until 2027, for money until 2028

2024-12-03 08:31:02Biznes SHKRUAR NGA REDAKSIA VOX
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The deadline for reviewing applications for former owners and extending the compensation fund is expected to extend beyond the years currently provided by current law. The Ministry of Justice has proposed a new draft law, with the argument that the Property Handling Agency (ATP) cannot respect the current deadlines for completing the review of files by the end of this year and making payments by the end of 2026.

According to the report accompanying the draft law published for consultation, Article 1 states that the compensation fund will extend until 2028.

"Currently, according to legal forecasts, the compensation fund of 50 billion ALL is distributed over 10 years after the entry into force of the law, i.e. until 2026. This postponement is dictated by a number of factors:

– Postponement of the deadline for reviewing requests until 31.12.2027, according to the proposed draft law;

- In accordance with law no. 133/2015, as amended, the Property Handling Agency is responsible for the implementation of decisions when they take final form in the sense of the law, as regards the financial assessment of the right to compensation or for the execution of evaluation according to the court decision.

– Back log of files near the judicial system;

- The progress of the court proceedings and the attitude of the courts, which in terms of the treatment of requests for recognition of ownership have not proceeded in all cases even with the financial evaluation of the recognized right, the postponement of the deadline for the financial evaluation until 2027, creates the conditions for the financial assessment of judicial executive titles by the ATP.

So, in accordance with this provision, the ATP is given the opportunity to continue with the execution of decisions and compensation until 31.12.2028," the report states.
The government argues that the legal changes of 2022 in law no. 133/2015 have tasked the ATP with reviewing 7,000 pending files for ownership recognition. Until now, ATP has 5,862 files and 1,197 practices in the review process, of which only 115 have been concluded with a final decision, or 1.6% of the total number of unprocessed requests.

"Currently, it turns out that ATP has 5,862 files and 1,197 practices under review, a total of 7,059, of which 705 files/practices have been returned for treatment. In relation to the decision-making process, ATP has currently completed the administrative procedure, taking a decision on 115 files or 1.6% of the still pending requests, while it has started the notification procedures for completing the documentation for about 2900 requests for ownership recognition or 41.4% of the files. / practices" the document says.
ATP seems to find it impossible to complete the process according to the deadline due to some external factors related to the completion of the documentation where some confirmations from third institutions require 3-6 months.

"Taking into consideration the remaining time available, referring to performance indicators, human resource capacities, the complexity of the proceedings, as well as the legal requirements for the completion of the administrative proceedings, it is preliminarily estimated that the legal objective for the complete treatment of unprocessed files by 31.12 .2024, cannot be realized.

These conclusions are based on external and internal factors, which have conditioned the ATP's decision-making, projecting as an achievable objective a maximum of about 700 decisions by the end of 2024, or 10% of the unprocessed files," the report states. .

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