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Skavica Hydropower Plant/ The Constitutional Court takes the decision

2024-01-30 16:58:00, Aktualitet CNA

constitutional Court

The Constitutional Court has not accepted to cancel the project for the construction of the Skavica hydropower plant, thus rejecting the request of 3 organizations.

In today's decision, it is argued that the decisions cannot be annulled, as we are not yet in the construction phase.

Although it has found violations in the law on the Skavica Hydropower Plant, the Constitutional Court declares that the violations before the adoption of the law can be repaired.

According to the decision, the government must include residents in information and decision-making.

Full decision:

The Constitutional Court of the Republic of Albania on 12.12.2023 and 10.01.2024 considered in a public plenary session case no. 6 (Sh) 2023 of the Basic Register, with petitioners: the association "Opposition to the Skavica Dam", the association "For the protection of the properties and the environment of the Black Drin basin" and the Albanian Helsinki Committee, with the object: "Repeal of law no. . 38/2021, dated 23.03.2021 "On determining the special procedure for the negotiation and execution of the contract with the company "Bechtel International Inc.", for the design and construction of the Skavica hydropower plant", as incompatible with the Constitution of the Republic of Albania and Stabilization-Association Agreement. Repeal of decision no. 485, dated 30.07.2021 of the Council of Ministers "For the approval of the contract of the first phase "Contract for technical services - Skavica hydropower project" between KESH sh.a. and Bechtel Limited", as incompatible with the Constitution of the Republic of Albania and the Stabilization-Association Agreement. Suspension of the implementation of law no. 38/2021, dated 23.03.2021 "On the determination of the special procedure for the negotiation and execution of the contract with the company "Bechtel International Inc.", for the design and construction of the Skavica hydropower plant" and decision no. 485, dated 30.07.2021 of the Council of Ministers "For the approval of the contract of the first phase "Contract for technical services - Skavica hydropower project" between KESH sh.a. and Bechtel Limited", until the final decision of the Constitutional Court enters into force".

The Constitutional Court, convened today on 30.01.2024, after considering the request and claims presented by the petitioners, as well as the objections of the interested entities, assessed that:

The court has jurisdiction to review the compliance with the Constitution of Law 38/2021 and has no jurisdiction over decision no. 485, dated 30.07.2021 of the Council of Ministers, as this decision does not constitute a normative act.

Considering that the law regulates the Skavica project in two phases and the second phase begins only if the first phase is finalized, the Court assessed that the petitioners are legitimate only for the claim of violation of the right to information on environmental issues.

Regarding the foundation, the court assessed that the law no. 38/2021 is related to and has an impact, among other things, on environmental issues. During the judicial process, it was not proven that the Assembly and the Council of Ministers, before the adoption of the law, implemented the right to information about the state of the environment and its protection, guaranteed by Article 56 of the Constitution. Likewise, these subjects have not carried out consultative processes with the public and have not guaranteed effective participation in the early stage of drafting the draft law, where all alternatives were open and the community of the area (with the status of the affected public) could to participate under the obligations of the Aarhus Convention.

Regarding the above, the Court assessed that, since the law is still in the first phase of its implementation, the violations found before the adoption of the law can still be repaired by taking concrete steps to involve the public in information and decision-making.

At the end of the consideration of the case, the Court, unanimously,

Set:

1) Finding the violation of the right to information about the state of the environment and its protection, guaranteed by Article 56 of the Constitution, in the procedures for the approval of Law no. 38/2021.

2) Ordering the public authorities to repair the found violation and to guarantee the right to information during the first phase of the implementation of the law no. 38/2021.

3) The obligation to take into account the results of the environmental protection information process, as far as possible, in accordance with Article 8 of the Aarhus Convention.

The final decision will be announced as reasoned within the legal deadlines provided by law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended by the Regulation on Judicial Procedures of the Constitutional Court./ CNA