Government opens a legal path for investments in Army properties

The Council of Ministers approved on Wednesday amendments to the law "On the powers and authorities of the direction and command of the Armed Forces", paving the way for leasing or investments for infrastructural and economic reasons in the properties of the Armed Forces.

According to the decision of the Council of Ministers, a series of new articles are added to the law that frame the powers for the drafting and review of the plan for the deployment, distribution and administration of the properties of the Armed Forces, providing for the review of this plan periodically every 5 years and at any time in cases of "investments of particular importance for the economic development of the country or constructions, improvements to public infrastructure...".

Also, the new provisions provide that these military properties "may be given for dual use..." not only in function of the military's activity but "..also in function of the development and increase of its economic value".

The Council of Ministers will decide on the use of military properties for rental, emphyteusis, dual use or other forms.

The legal changes are viewed with concern by experts in Armed Forces legislation for violating the strategic character of the Army's deployment plan, opening the door to hotel construction or any type of investment for the government's short-term interest.

Analyzing these changes, Artur Meçollari, former deputy commander of the Navy, told BIRN that they are unconstitutional and violate the strategic character of the Armed Forces deployment plan and, in this way, facilitate the granting of military properties for roads, hotels or any other momentary interest of the government.

"When we talk about military properties, they have a strategic character, they do not mean current needs, but a long-term perspective for the country," said Meçollari, adding that "this law conditions the properties according to current needs by removing the strategic concept from them."

On the other hand, Meçollari insists that the new provisions contradict a 2015 interpretation of the Constitutional Court, which determines that the deployment plan has a strategic character for the Armed Forces.

"This strategic criterion is violated, as it is allowed to change the location plan for infrastructure construction or other investments," he added.

The new legal provisions, according to Meçollari, will allow constructions of a more insignificant nature and will affect the army deployment plan, which has a much more important strategic character for the country.

Even reviewing the plan at any time or periodically every 5 years, for Meçollari, is unconstitutional. “The strategic concept is not for a 5-year period, but for the strategic needs of the country,” he said.

Armed Forces properties inherited from the communist regime have often become the subject of political debate or criminal investigations, due to their alienation over the last three decades. Reporter.al