Two days before the elections, the government forgives all the fines imposed from January 2015 to November 2024

Two days before the parliamentary elections, the Government of Albania has taken an important decision to forgive all fines imposed during the period from January 1, 2015 to November 30, 2024.

This action comes after a new law, law no. 127/2024, approved by the Albanian Parliament, which aims to repeal unexecuted administrative measures and erase the obligations created for individuals and entities that have not executed them.

FULL VERDICT:

In support of Article 100 of the Constitution and point 2 of Article 3 of the Law No. 127/2024, "On the repeal of administrative measures imposed from January 1, 2015 to November 30, 2024, the local territorial protection inspectorates, the National Territorial Protection Inspectorate, the National Food Authority, the State Health Inspectorate, as well as the State Police and the Municipal Police", on the proposal of the Minister of the Interior, the Minister of Agriculture and Rural Development, the Minister of Health and Social Protection and the Minister of State for Local Government, the Council of Ministers

DECIDED:

I. GENERAL

1. Determination of the procedures to be followed for the implementation of the process of abolishing unexecuted administrative measures, according to the provisions of Law no. 127/2024, by the local inspectorates of territorial protection, the National Inspectorate of Territorial Protection (hereinafter IKMT), the National Food Authority (hereinafter AKU), the State Health Inspectorate, the State Police and the Municipal Police.

2. The procedures of this Decision, within the meaning of Law No. 127/2024, shall be applied for the implementation and completion of the process of repealing and removing/cancelling the administrative measures not executed until 15 January 2025, which have been decided from 1 January 2015 to 30 November 2024, by:

a) local territorial protection inspectorates;
b) National Inspectorate of Territorial Protection;
c) National Food Authority;
d) State Health Inspectorate;
d) State Police;
dh) Municipal Police.

3. The process of lifting/deleting administrative measures, repealed by Law no. 127/2024, and not executed, according to this Decision, applies only to the measures that have been imposed on individuals and/or natural or legal persons, who:

a) have carried out constructions and/or interventions without a permit or prior notice, in:

i. constructions for residential purposes;
ii. facilities where activities of production, storage, processing, storage and trade of agricultural and livestock products are carried out;
iii. Facilities that serve for the maintenance of agricultural and livestock tools and inputs.

b) have as their object of activity the production, processing, storage and marketing of agricultural and livestock products in rural areas;
c) have not implemented the rules established for the administration of the Covid-19 situation during the pandemic period.

4. The procedures for the removal/deletion of administrative measures, repealed by Law No. 127/2024, and not executed, shall be followed and implemented by the bodies that have imposed these measures, respectively, for:

a) Entities in violation, according to the provisions in letter "a", of point 3, of this Decision, by:

i. Local Territorial Protection Inspectorates;
ii. Municipal Police;
iii. National Inspectorate of Territorial Protection.

b) entities under the conditions set out in letter "b", of point 3, of this Decision, by:

i. National Food Authority;
ii. State Health Inspectorate.

c) the subjects in violation, according to the provisions in letter "c", of point 3, of this decision, by the State Police.

II. PROCEDURES TO BE IMPLEMENTED BY LOCAL TERRITORIAL PROTECTION INSPECTORATES AND MUNICIPAL POLICE

1. The Local Inspectorate of Territorial Protection and the municipal police of each local self-government unit, within 30 (thirty) days from the entry into force of this decision, shall prepare the list of individuals and/or natural or legal persons against whom an administrative measure has been imposed by this body, which is not executed and which has been repealed by law no. 127/2024.

2. A copy of the list drawn up in accordance with point 1 of this chapter, signed by the head of the proceeding body, shall be immediately forwarded to the relevant directorate of the local self-government unit, responsible for local taxes and tariffs, for carrying out the procedures for the removal/deletion from the system of administrative measures, repealed.

3. The relevant directorate of the local self-government unit for local taxes and fees, within 30 (thirty) days from the administration of the list, shall carry out the removal/deletion from the system of the administrative measure, according to the list forwarded for each individual and/or natural or legal person.

4. The relevant directorate of the local self-government unit, after the completion of the removal/deletion from the system, notifies, according to the forwarded list, the Local Inspectorate of Territorial Protection and the Municipal Police for the deletion of the obligation in the system.

5. Any individual and/or natural or legal person, who claims that an administrative measure imposed on him or her and repealed by Law No. 127/2024, has not been removed/deleted in the system, after the expiry of the deadline provided in point 6 of this chapter, shall submit a request, respectively, to the Local Inspectorate of Territorial Protection or the Municipal Police for the removal/deletion of the measure.

6. The Local Inspectorate of Territorial Protection or the relevant Municipal Police verifies the allegations in the request and, if the criteria provided for in Law No. 127/2024 and in this Decision are met, proceeds with the immediate sending of data to the relevant directorate of the local self-government unit for local taxes and fees for the removal/deletion of the obligation from the system. In case the criteria for the abolition of the measure are not met, according to the law and this decision, the Local Inspectorate of Territorial Protection or the Municipal Police notifies within 5 (five) days the individual and/or the natural or legal person for the rejection of the request for removal/deletion from the system, presenting the relevant reasons. Against the decision to refuse to revoke/delete the administrative measure, the subject has the right to appeal to the court.

III. PROCEDURES TO BE IMPLEMENTED BY THE NATIONAL INSPECTORATE OF TERRITORIAL PROTECTION (IKMT)

1. The responsible structures at the central and regional level, in the composition of the National Inspectorate of Territorial Protection (IKMT), according to their division of responsibilities, within 30 (thirty) days from the entry into force of this decision, shall prepare the lists of individuals and/or natural or legal persons, against whom an administrative measure has been imposed by the relevant structure, which turns out to be unexecuted, in whole or in part, and which has been repealed by Law No. 127/2024, and forward it to the Chief Inspector for approval.

2. Lista e përgatitur sipas pikës 1, të këtij kreu, konsiderohet përfundimtare, kur për çdo subjekt kundërvajtës dhe për masën administrative përkatëse, të evidentuar për çdo subjekt, aktet administrative të mbajtura nga strukturat inspektuese të IKMT-së, përfshirë procesverbalet e konstatimit të kundërvajtjes (në vijim PVKK), relacionet shpjeguese bashkëlidhur tij, si dhe vendimin e masës administrative dhe vendimin e prishjes, kanë të evidentuar qartësisht tipologjinë e ndërtimit pa leje apo njoftim paraprak, të cilat, në çdo rast, duhet të pasqyrojnë qartë se përmbushen kushtet për shfuqizimin e masës administrative, sipas kërkesave të nenit 2, të ligjit nr.127/2024.

3. Except as provided in point 2 of this chapter, for cases of unexecuted administrative measures, in whole or in part, for which the administrative acts held by the inspection structures of the IKMT, such as the KPIs, its related explanatory reports, as well as the decision of the administrative measure and the decision of demolition, do not clearly identify the typology of construction without a permit or prior notification, which in any case should be according to the definition of Article 2 of Law No. 127/2024, the additional document that will prove the typology of construction without a permit or prior notification will be the act of expertise of construction without a permit, signed by 3 (three) licensed experts in the field. In the absence of this expert act, the assessment of the typology of construction without a permit or prior notification, for the administrative measure under review and the certification of the fulfillment of the conditions for its abolition, according to law no. 127/2024, is done by a special commission, created by order of the Chief Inspector, which consists of IKMT employees, specialists in the field and lawyers.

4. The decisions of the Chief Inspector issued pursuant to points 1 and 3 of this chapter, for the removal/deletion of the administrative measures repealed by law no. 127/2024, are administered by the structures responsible for monitoring the execution of administrative measures, as well as by the structures responsible for keeping records, where the administrative measures imposed by the IKMT, which respectively remove or delete them from the records or registers, are identified, that they have.

5. Any individual and/or natural or legal person, who claims that an administrative measure imposed on him or her and repealed by law no. 127/2024, has not been removed/deleted in the system, submits a request, respectively to the responsible structures at the central and regional level, in the composition of the National Inspectorate of Territorial Protection (IKMT) for the removal/deletion of the measure.

6. The responsible structure verifies the allegations in the request and, if the criteria provided for in Law No. 127/2024 and in this Decision are met, proceeds with the immediate sending of the decision to repeal the administrative measure to the Chief Inspector. In case the criteria for the abolition of the measure are not met, according to the law and this decision, the responsible structure notifies within 5 (five) days the individual and/or natural or legal person of the rejection of the request for removal/deletion from the system, presenting the relevant reasons. Against the decision to refuse the abolition/cancellation of the administrative measure, the subject has the right to appeal to the court.

IV. PROCEDURES TO BE IMPLEMENTED BY THE NATIONAL FOOD AUTHORITY AND THE STATE HEALTH INSPECTORATE

1. The responsible structures, at the central and regional level, in the composition of the National Food Authority or the State Health Inspectorate, according to the division of their responsibilities, within 30 (thirty) days from the entry into force of this decision, shall prepare the lists of individuals and/or natural or legal persons against whom, by the relevant structure, an administrative measure has been imposed, which is not executed, in whole or in part, and which has been repealed by Law No. 127/2024.

2. The list of offenders shall be accompanied by a copy of the final decisions of the imposition of the administrative measure, the explanatory report for each measure imposed, as well as information on the phase in which the execution process is located, accompanying it with the relevant documentation.

3. The list prepared in accordance with points 1 and 2 of this chapter shall be forwarded for approval, respectively, to the General Directorate of AKU or to the Chief Inspector of the State Health Inspectorate. The final lists are approved by the institution holder within 30 (thirty) days from the date of referral for approval.

4. The lists approved by the heads of institutions, according to point 3 of this chapter, for the repeal/deletion of administrative measures repealed by Law No. 127/2024, shall be administered by the structures responsible for monitoring the execution of administrative measures and by the structures responsible for keeping records, where the administrative measures imposed by the National Food Authority or the State Health Inspectorate respectively are identified. The responsible structures, respectively, remove or delete them from the records or registers they have.

5. Any individual and/or natural or legal person, who claims that an administrative measure imposed on him or her and repealed by law no. 127/2024, has not been removed/deleted in the system, submits a request, respectively to the responsible structures, at the central and regional level, in the composition of the National Food Authority or the State Health Inspectorate, according to their division of responsibilities for the removal/deletion of the measure.

6. The responsible structure verifies the allegations in the request and, if the criteria provided for in Law No. 127/2024 and in this Decision are met, proceeds with the immediate sending of the decision on the abolition of the administrative measure for approval to the General Directorate of AKU or to the Chief Inspector of the State Health Inspectorate. In case the criteria for the abolition of the measure are not met, according to the law and this decision, the responsible structure notifies within 5 (five) days the individual and/or natural or legal person of the rejection of the request for removal/deletion from the system, presenting the relevant reasons. Against the decision to refuse the abolition/cancellation of the administrative measure, the subject has the right to appeal to the court.

V. PROCEDURES TO BE IMPLEMENTED BY THE STATE POLICE

1. The local police directorates, within 30 (thirty) days from the entry into force of this decision, shall prepare the lists of individuals and/or natural or legal persons, against whom, by their police structure, administrative measures have been imposed, which are not executed, in whole or in part, and which have been repealed by law no. 127/2024.

2. The list of offenders shall be accompanied by a copy of the final decisions imposing the administrative measure, the explanatory report for each imposed measure, as well as information on the stage in which the execution process for each measure is located.

3. The lists prepared by the local police directorates, according to points 1 and 2 of this chapter, together with the accompanying documents, shall be forwarded for approval to the General Directorate of the State Police.

4. The General Directorate of the State Police, after verifying and ascertaining the fulfilment of the legal conditions for the abolition of the listed administrative measures, within 30 (thirty) days from the date of their forwarding, for approval, by decision of the General Director or authorized by him, approves the final lists of administrative measures repealed by Law No. 127/2024.

5. The General Directorate of the State Police sends to each local police directorate the final lists together with the relevant approval decisions for the repeal/deletion of the repealed administrative measures.

6. The final lists and the approving decisions for the abolition/deletion of the administrative measures repealed by Law No. 128/2024, are administered by the structures of the local police directorates, responsible for monitoring the execution of administrative measures, as well as by the structures responsible for keeping records, where the administrative measures imposed by the State Police are identified, which respectively, remove or delete them from the records or registers they have.

7. Any individual and/or natural or legal person who claims that an administrative measure imposed on him or her and repealed by law no. 127/2024, has not been removed/deleted in the system, submits a request, respectively to the responsible structures at the local level, for the removal/deletion of the measure.

8. The responsible structure verifies the allegations in the request and, if the criteria provided for in Law No. 127/2024 and in this Decision are met, proceeds according to points 3 and 4 of this Decision. In case the criteria for the abolition of the measure are not met, according to the law and this decision, the responsible structure notifies within 5 (five) days the individual and/or natural or legal person of the rejection of the request for removal/deletion from the system, presenting the relevant reasons. Against the decision to refuse the abolition/cancellation of the administrative measure, the subject has the right to appeal to the court.

VI. FINAL PROVISIONS

1. The institutions referred to in point 2 of Chapter I of this Decision shall notify the abolition/cancellation of the repealed administrative measures through a public announcement, in accordance with the provisions of the Code of Administrative Procedures of the Republic of Albania.

2. The process of removal/deletion from the list of debtors' entities, according to this Decision, shall be completed within 60 (sixty) days from its entry into force, except in the case provided for in point 3 of Chapter III, for which the deadline for the completion of the process is 80 (eighty) days.

3. Administrative expenses for the implementation of the process of removal/cancellation of unexecuted and repealed administrative measures by Law No. 127/2024, carried out in accordance with this Decision, shall be borne by each institution.

4. The local inspectorates of territorial protection, the National Inspectorate of Territorial Protection, the National Food Authority, the State Health Inspectorate, the General Directorate of the State Police, the Municipal Police and the local self-government units are charged with the implementation of this decision.

This decision comes into force after publication in the "Official Gazette".