The Democratic Party has filed a lawsuit in the Constitutional Court demanding the Suspension and Abrogation of Chapter VI of the Normative Act with the power of Law no. 9/2019 “On coping with the consequences of natural disasters”. This law violates the Freedom of Economic Activity as a constitutional freedom. Contracting for the 2019 Post-Earthquake Reconstruction Program with a fund of about120 billion Albanian Lekë is being done with contractors selected without open competition, restricting Economic freedoms. This law creates premises for the selection of businesses in clientelist ways causing high financial loss. AIS/OpenData, an Albanian Civil Society Organization prepared this Lawsuit , and is filed to the Constitutional Court in September 2021. The Constitutional Court refused to review the Lawsuit, claiming that the organization does not have to justify direct interest in such claim. Recognizing the essence of the Lawsuit, and responding to the Organization’s request to set the Constitutional Court in motion at all costs, the Democratic Party supports the Civil Society request, and filed this Lawsuit signed by its 28 Members of Parliament. Now, the Constitutional Court must examine the unconstitutionality of this law.
Stages of the Process
- Data 28.09.2021 AIS files in the Constitutional Court a Lawsuit against Law no. 9/2019 “On coping with the consequences of natural disasters”, which violates Constitutional Freedom and creates Clientelism. Lawsuit in Albanian and English .
- Date 26.11.2021 AIS public statement “The Constitutional Court is delaying the Examination of the Lawsuit, ALL 100 billion are tendered through clientelism.
- By its decision No. 132, taken on November 15, 2021, published for the parties on December 1, 2021, the Constitutional Court decided not to pass the case for consideration in the Plenary Session by Case Rapporteur, Judge Elsa Toska. Decision No. 132 to Reject the Adjudication of the Case.
- January 2022 The Democratic Party, with the signatures of 28 MPs submits to the Constitutional Court a Lawsuit for Suspension and Abrogation of Chapter VI, Public Procurement Procedures, Articles 40 – 44, and Article 4, point 7 and point 9, of the Normative Act with the power of Law no. 9, dated 16.12.2019 “On coping with the consequences of natural disasters”, approved by the Assembly of Albania through law no. 97/2019, on 18.12.2019.
- Database Contracting Reconstruction Program by Municipality – https://openprocurement.al/en/tender/rindertimi
- Database Contracting Reconstruction Program by Albanian Development Fund – https://openprocurement.al/en/albaniandf/rindertimi