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Aktualitet

Skavica Hydropower Plant, the Constitutional Court clarifies the reasoned decision: The residents did not prove the violation of...

Skavica Hydropower Plant, the Constitutional Court clarifies the reasoned

The Constitutional Court has fully disclosed the reasoned decision for the complaint of the residents of Dibra on the construction of the Skavica hydropower plant.

Among the concerns of the residents, regarding the violation of the right to private property and its rightful remuneration as well as the right to choose the place of residence, "the petitioners have not managed to argue from a constitutional point of view their violation as a result of the implementation of law no. 38/2021 or the resulting consequences for this reason, failing to determine their direct interest in the matter presented in the constitutional aspect".

Also, the Constitutional Court emphasizes that the petitioners have failed to determine the violation of the national identity, in terms of cultural and property heritage, as well as the right to a healthy and ecologically suitable environment in the light of the international standards accepted by the Albanian state. For this reason, the members of the Constitutional Court assess that the law under consideration is still in the first phase of its implementation, which includes preliminary work activities related to the design and construction of the Skavica HPP.

Therefore, at this stage according to the Constitution, the residents have not managed to prove the violation of these rights. As it has come out earlier, the only argument of the residents that was accepted by the Constitutional Court is the lack of public consultation of the government with the residents, stressing that "it was done in violation of the right to information about the state of the environment and the protection of his".

In view of the above, the Court emphasizes the obligation of the public authorities involved to implement Article 8 of the Aarhus Convention to guarantee public participation during all stages of the design and construction process of the Skavi?a HPP project, as and to consider the results of the environmental protection information process, as far as possible.

"In this regard, the Court emphasizes the importance of the effective exercise of the right to receive full information, in particular from the public that risks being affected by the realization of the project, about the data that will be collected at the end of the first phase by the authorities of included; the acts drawn up so far; concrete activities realized and expected to be realized; the nature of the decisions taken or that may be taken and the public authority responsible for taking them; the procedure provided for the measures to be taken; the time and place of public meetings and the opportunity for the public to participate; conducted studies and prepared reports; findings regarding the potential effects of the project; the measures foreseen for the reduction of these effects; the decision-making regarding the project and the reasons on which this decision-making is based, as well as regarding the continuity of the second phase of the project", the decision states.