THE EXPRESSION “WITHOUT FIRST OBTANING PERMISSION FROM THE COMPETENT BODY ACCORDING TO SPECIAL PROVISIONS” IS UNCONSTITUTIONAL.
The Constitutional Court with the Decision dated 04.05.2021 has decided:
- Acceptance of the request.
- Nullification of the expression “without first obtaining permission from the competent body according to special provisions” in the first paragraph of Article 262 of the Criminal Code.
- The obligation of the Albanian Parliament to complete the legal norm from the date of announcement of the decision of the Constitutional Court until its entry into force.
- This decision is final and enters into force 6 months after its publication in the Official Gazette.
The Constitutional Court on 04.05.2021 has considered in the plenary session, on the basis of documents, the case with the applicant Court of Appeal in Shkodra, with the object: “Nullification of the phrase” without first obtaining permission from the competent body according to special provisions”, in the first paragraph of Article 262 of the Criminal Code of the Republic of Albania, as incompatible with Articles 17, point 1 and 47 of the Constitution of the Republic of Albania.
The final decision has not yet been declared reasoned. This decision is very important in terms of restricting the rights and freedoms provided in the Constitution, as the restriction should be only by law and in proportion to the situation which dictated it. As the freedom of peaceful and unarmed assembly, as well as the right to participate in it, is guaranteed, any restrictions imposed by the executive on this constitutional right must be in accordance with the constitution.
The above nullification guarantees that every demonstrator will organize and gather peacefully through prior notification to the competent bodies, to hold the rally by determining the time, place and manner. The permission of the police should not be a condition for the conduct of a peaceful protest, and thus the non-issuance of a permit should be a reason for the prosecution of the organizers of the protest.
In order to give the legislator sufficient time to adopt the new legal norm in accordance with its decision, the court, considers that the Assembly must complete it within the 6-month period.