Our main demand is that the Albanian Authorities ensure the implementation of articles 181 and 41 of the Constitution and restitute properties confiscated during the communist regime to rightful owners.
Our demands to the Albanian Authorities and to international institutions are reflected in the following documents:
- Our demand to Albanian politicians and Parliament to consider and adopt the following law: draft-law presenting a definitive solution to the problems of property restitution in Albania. Read the draft law and explanations here
- Our demand to Albanian Governement: Petition to the prime minister, Mr. Edi Rama, to “RETURN PROPERTIES CONFISCATED BY COMMUNIST REGIME, NOW!”. Please read and sign the petition here
- Our demand to the European Union: Invitation to condition all cooperation with the Albanian Government with the implementation of articles 181 and 41 of the Constitution which means property restitution to rightful owners and respect for the right to property. Read the letter addressed to commissioner S. Füle here
- Our demand – positionning adressed to the European Court of Human Rights in relation to non-implementation of ECtHR decisions by Albanian successive Governements. Read the letter to the ECtHR here
- Our Position Paper to the attention of the Council of Europe. Read our “Position paper” here
Below you’ll find a summary of main, urgent claims addressed to Albanian Authorities as well as to any other national or international body involved in the property management issue:
- Immediate application of article 181 of the Constitution which recognizes and guarantees, in line with article 41, the right to private property of legitimate owners spoiled by the communist regime and asks the Parliament to adopt legislation for return of property to the rightful owners within 3 years from entry into force of the Constitution (i.e. within October 2001!). Return properties NOW and not maybe in 2020… as foreseen by the Government in its “strategy”
- Same standards should apply all over the country for the return of properties. Rightful owners in Tirana, on the Coast or in main economic areas enjoy the same rights as rightful owners in the mountains and the countryside!
- Stop corruption with properties belonging to rightful owners! Stop killings and vendettas for property issues which stem directly from non execution of constitutional obligations to return properties confiscated by the communist regime to their rightful owners!
- Property restitution has priority over any kind of legalization!
- Physical restitution of property has priority over any other compensation!
- Financial compensation (in case physical restitution is impossible) to be done according to market value!
- Create institutional capacities to solve the restitution problem!
- Fulfill requirements of the European Court of Human Rights (pilot judgment of July 2012) and preconditions to the European integration!
Any strategy that does not deal with these basic but very important requirements and does not solve them, only aims at justifying and “legalizing” theft of property and corruption in handling property rights.
The above mentioned requests of rightful owners refer to properties confiscated by the communist regime after 1945. The recognition of their property rights was part of international engagements of the new democratic Albanian State and took actually place at the beginning of the ’90s already (law 7698 of 1993 amended by law 9235 of 2004 and the new Constitution of 1998).
However, for many rightful owners their property right is an empty word as long as they cannot recover possession of their property. Indeed, their properties have been and continue to be abused, especially those situated in touristic areas and near important economic centers. The abuses are regularly made and/or supported by state representatives who consider this problem as a mean of personal enrichment. Corruption with properties provokes serious social pleas: more than 6’000 killings and vendettas have been reported which directly relate to this problem.
The respect of the right to private property is one of the cornerstones of a democratic state. As long as this problem is not resolved, as long as widespread corruption in handling property rights is not eliminated, Albania cannot become the true democracy its people would like it to be.
Defending property rights is defending our identity, is fighting corruption, is helping towards implementation of the Rule of Law and towards European integration.
- sign our Petition: Return properties confiscated by communist regime, now!
- platform of the association “Pronësi me drejtësi” in albanian platforma dhe pikat e shoqates per pronat
- priorities of the association “Bregdeti” in albanian prioritet i bregdetit – kthimi fizik i prones