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The Constitutional Court rejected the toughening of the law on construction adopted after the 2019 earthquake which provided for fines for citizens who build houses without permission.
Moved by the administrative court in which the citizen Nafiz Ruci objected to the fine after he was building for housing reasons, the constitutional additions of this law by the government are incompatible with the Constitution in the part where the law of fine for performing illegal works for needs housing.
This decision is final, ordered by the constitutional court and enters into force six months after its publication in the official gazette.
The Constitution opposes the fine and confiscation on the grounds that although the fine for unauthorized work corresponds to the public interest in controlling the territory, the manner of calculating the fine does not respect the criteria of proportionality
According to the documents available to Top Channel, the apartment of the citizen Ruçi was damaged by the 2019 earthquake and after that he was left homeless.
In 2021 this citizen asked the directorate of urban planning for a building permit and when he did not receive an answer he started the works for the construction of a house with an area of 100 square meters. Pursuant to the new law, the citizen in question was fined with almost 3 million ALL and in these conditions he addressed the court to challenge the fine, for which the administration assessed that in essence the case was at the constitutional level and should be reviewed by the constitutional court.
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