The Challenge of (UN) Just Compensation in the Expropriation Procedures in Albania

Bledar Abdurrahmani
Durres University

Abstract

During the last decade, the dynamics of economic development and the situation of natural disasters in Albania have imposed the need to implement a series of development projects in the country's infrastructure. As a result, a large number of expropriation procedures have been carried out by the competent authorities, which have deprived a significant number of private subjects of their ownership rights. These administrative actions in most of the expropriation procedures have been accompanied by serious conflicts between the affected subjects and the competent authorities, because of the inappropriate assessment of the expropriated property. This opposing approach of the affected persons has also been followed by the criminal prosecution processes. One of the main goals of law in a democratic society is to guarantee and establish a reasonable economic and social balance of the rights that are required to be realized with the interests that are affected. This matter takes on a special importance when it comes to interference with fundamental rights, the impact of which on the economic and social life of the subjects is very large. Based on the effects that expropriation has on the economic and social aspects for the affected persons, international and constitutional law have given special importance to the standards of the expropriation regime, legitimizing the deprivation of the subject from the property right only in the conditions of existence of a public interest and only by giving a just compensation. The purpose of this paper is to make a legal analysis of the Albanian legal system applied in the context of expropriations, as an administrative procedure considering the standards of fair compensation. The paper supports the hypothesis that the Albanian legal system applied in the framework of the expropriation does not guarantee the constitutional standards of just compensation, infringing the economic and social interests of the affected persons. This has increased social and institutional conflict and delays in expropriation procedures, and this problem has always been addressed as a conflict for solution within the court jurisdiction. Relying on the standings of several constitutional institutions, such as the People's Advocate, State Supreme Audit, and court decisions, the paper recommends the necessity of changing the Albanian legal system that regulates the evaluation of expropriated property. The standard of just compensation should be achieved above all as administrative justice, in the framework of administrative action. Such a measure serves as a standard for the protection of property rights, increases citizens' trust in state institutions, acceleration expropriation procedures, as well as reduces the time and financial costs for the parties involved.

Presentation