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The Law on Butrint/ "Constitution" clarifies the decision

2024-05-30 19:22:00, Aktualitet CNA

The Constitutional Court has overturned the decision of April 24, overturning the opposition's request for the repeal of the law on the administration of the Butrint park.

The Constitutional Court has examined the claims for the violation of national identity and cultural heritage and has come to the conclusion that the state will retain the attributes for ownership, thus leaving the agreement in force.

"Based on the above, in the evaluation of the rights, obligations and competences of each party, in terms of the terms of administration that are defined in the Administration Agreement subject to judgment, the Court comes to the conclusion that, on the one hand, by their nature , the rights of the FMB do not exceed those of an ordinary administration and, on the other hand, the agreement does not deprive the state of its primary role in terms of identification, protection, conservation, presentation and transfer of cultural heritage values, but preserves and guarantees this role, which is exercised through various forms of control of indirect administration activity, as long as the FMB has not been recognized with any privileged legal status, subjecting this entity to applicable legal provisions, such as any other legal entity", the Court's decision states.

Furthermore, in the decision of the 'Constitutional', it is stated that the Foundation has a management character for Butrint, adding that there is no claim for the violation of national identity and cultural heritage.

"In the analysis of the constitutional and conventional provisions, the Court finds that, although they basically prohibit stripping the state of these attributes, they do not expressly provide for the form in which they are exercised, i.e. they do not provide for any form of exclusivity in the administration of cultural and natural assets and nor do they prohibit various forms of protection and conservation. The Paris Convention has identified that the necessary measures for this purpose are legal, scientific, technical, administrative and financial in nature, but it has left to the assessment of the state parties the form and manner in which this protection will be exercised and the measures necessary for the fulfillment of the role of the state. On the other hand, although Article 17 of the Paris Convention provides that the States Parties may encourage the establishment of public and private national foundations or organizations with the aim of inviting donations for the protection of cultural and natural heritage, this in itself is an indication that the inclusion of such foundations are not only not excluded, but encouraged in the administration of wealth, as long as the primary role of the state under this convention is preserved in any case".

According to the Court, the agreement does not call into question the nature of the cultural property, object of the Administration Agreement and its extraordinary values.

"The court appreciates to emphasize that it does not question the nature of the cultural property that is the object of the Administration Agreement (Butrint National Park) and the values ??that this property has in terms of identity and cultural heritage, as well as its exceptional universal values, and nor the state's obligation to guarantee and protect these extraordinary values, both in the sense of Article 3 of the Constitution, as long as they represent the foundations of the state, as well as in the framework of international obligations. Likewise, based on the above, the Court does not question the scheme of indirect administration approved by law no. 27/2018, as long as this model turns out to be permissible by Article 3 of the Constitution and the provisions of the Paris Convention, since in fulfillment of the constitutional delegation the legislator has intervened to foresee special regimes for the use and exploitation of these assets, with the aim of securing the forms", it is stated, among other things, in the decision of the Constitutional Court./ CNA