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President Begaj decrees the law that paves the way for construction in protected areas

2024-03-18 18:03:37Politikë SHKRUAR NGA REDAKSIA VOX
President Begaj decrees the law that paves the way for construction in protected
President Bajram Begaj

President Bajram Begaj has promulgated the law that paves the way for investments for the construction of tourist resorts in protected areas.

According to Begaj, who says that he consulted with constitutional experts, the claims of the Civil Society that the law threatens the protected areas, do not stand.

We recall that immediately after the approval of this law in Parliament, the American media made public the plan of Donald Trump's son-in-law, Jared Kushner, to build tourist resorts on the island of Sazan and Zvrnec, both territories within protected areas.

President Begaj's reasoning:

The President of the Republic, Sh. T. Mr. Bajram Begaj, decreed today the law no. 21/2024, "For some additions and changes in the law no. 81/2017 "On protected areas".

Because the law was accompanied by comments and criticism at the stage of its review and approval, especially from the representative groups of environmental organizations, the President of the Republic undertook a series of consultations and expanded the review procedure with the inclusion and withdrawal of opinions from interest groups, but also by constitutional experts.

Regarding the concerns raised for this review procedure, the Institution of the President of the Republic clarifies public opinion, as follows:

Civil society organizations see the law in conflict with the standards and guidelines of the IUCN (International Union for Conservation of Nature).

IUCN is a large and important international network of environmental organizations with global authority on environmental protection issues. IUCN standards and guidelines do not have the legal force of treaties or international agreements and, as such, cannot be used to review the constitutionality of Law no. 21/2024.

Civil society organizations see in the law a potential risk for the protection of the environment, which may be caused by the incorrect implementation of its provisions.

The constitutional experts called for consultation and the Institution of the President of the Republic do not see this claim as an issue that belongs to the procedure for the review of constitutionality.

For problems that can be found during the implementation of the law, other legal protective mechanisms can be set in motion, both by superior/supervisory bodies and by environmental organizations.

The review of constitutionality carried out by the Institution of the President of the Republic is an abstract review and not related to supposed action scenarios.

Civil society organizations see in the parliamentary review procedure of the draft law a violation of the provisions of the Assembly Regulations for the involvement of the Council of Ministers in the review of parliamentary legal initiatives and for public consultation.

Criticisms related to the way of implementing the Rules of the Assembly or the way of organizing the public consultation are an internal matter of the Assembly and can only be handled by it in the sovereign exercise of its powers. The institution of the President of the Republic has the duty to supervise only the observance of the constitutional procedure in the legislative process.

Civil society organizations have claimed conflict, without concrete references, with two EU directives (Council directive 92/43/EEC and European Parliament and Council directive 2009/147/EEC).

The institution of the President of the Republic did not identify conflicting provisions with either of these two directives. The implementation of the directives can be completed even under the terms of this law.


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