The government has decided to waive fines on the eve of the May 11 elections.
These are fines not executed by January 15, 2025, which were imposed from January 1, 2015 to November 30, 2024, by:
a) local territorial protection inspectorates;
b) National Territorial Protection Inspectorate ;
c) National Food Authority;
ç) State Health Inspectorate;
d) State Police;
dh) Municipal Police.
Announcement:
In support of Article 100 of the Constitution and point 2, Article 3, of Law No. 127/2024, “On the repeal of administrative measures imposed from January 1, 2015 to November 30, 2024, by local territorial protection inspectorates, the National Inspectorate of Territorial Protection, the National Food Authority, the State Health Inspectorate, as well as the State Police and the Municipal Police”, upon the proposal of the Minister of Interior, the Minister of Agriculture and Rural Development, the Minister of Health and Social Protection and the Minister of State for Local Government, the Council of Ministers
DECIDES:
I. GENERAL
1. Determining the procedures to be followed for the implementation of the process of repealing unexecuted administrative measures, according to the provisions of Law No. 127/2024, by local territorial protection inspectorates, the National Inspectorate of Territorial Protection (hereinafter IKMT), National Food Authority (hereinafter AKU), State Health Inspectorate, State Police and Municipal Police.
2. The procedures of this decision, within the meaning of Law No. 127/2024, shall apply to the implementation and completion of the process of repealing and removing/deleting administrative measures not executed by January 15, 2025, which were imposed from January 1, 2015 to November 30, 2024, by:
a) local territorial protection inspectorates;
b) National Inspectorate of Territorial Protection;
c) National Food Authority;
ç) State Health Inspectorate;
d) State Police;
dh) Municipal Police.
3. The process of removing/deleting administrative measures, repealed by Law No. 127/2024, and unexecuted, according to this decision, applies only to measures imposed on individuals and/or natural or legal persons, who:
a) have carried out construction and/or interventions without permission or prior notice, in:
i. buildings for residential purposes;
ii. facilities where activities of production, storage, processing, storage and trade of agricultural and livestock products are carried out;
iii. facilities that serve to keep working tools and agricultural and livestock inputs.
b) have the object of their activity the production, processing, storage and trade of agricultural and livestock products in rural areas;
c) have not implemented the rules established for the management of the Covid-19 situation during the pandemic period.
4. The procedures for the removal/deletion of administrative measures, repealed by Law No. 127/2024, and unexecuted, are followed and implemented by the bodies that have imposed these measures, respectively, for:
a) the subjects in violation, according to the definitions in letter "a", point 3, of this decision, by:
i. local territorial protection inspectorates;
ii. Municipal Police;
iii. National Inspectorate of Territorial Protection.
b) entities under the conditions specified in letter “b”, point 3, of this decision, by:
i. National Food Authority; ii
. State Health Inspectorate.
c) entities in violation, according to the definitions in letter “c”, point 3, of this decision, by the State Police.
II. PROCEDURES IMPLEMENTED BY THE LOCAL TERRITORIAL PROTECTION INSPECTORATES AND THE MUNICIPAL POLICE
1. The Local Territorial Protection Inspectorate and the municipal police of each local self-government unit, within 30 (thirty) days from the entry into force of this decision, shall prepare a list of individuals and/or natural or legal persons against whom an administrative measure has been imposed by this body, respectively, which has not been executed and which has been repealed by Law No. 127/2024.
2. A copy of the list drawn up according to point 1 of this chapter, signed by the head of the proceeding body, shall be immediately forwarded to the relevant directorate of the local self-government unit, responsible for local taxes and fees, for carrying out the procedures for the removal/deletion from the system of the repealed administrative measures.
3. The relevant department of the local self-government unit for local taxes and fees, within 30 (thirty) days from the administration of the list, carries out the removal/deletion from the system of the administrative measure, according to the attached list for each individual and/or natural or legal person.
4. The relevant department of the local self-government unit, after completing the removal/deletion from the system, notifies, according to the attached list, the Local Inspectorate for Territorial Protection and the Municipal Police for the deletion of the obligation in the system.
5. Any individual and/or natural or legal person, who claims that an administrative measure imposed on him and repealed by Law No. 127/2024, has not been removed/deleted in the system, after the expiry of the deadline provided for in point 6 of this chapter, submits a request, respectively, to the Local Inspectorate for Territorial Protection or the Municipal Police for the removal/deletion of the measure.
6. The Local Inspectorate for Territorial Protection or the relevant Municipal Police shall verify the claims in the request and, if the criteria provided for in Law No. 127/2024 and in this decision are met, proceed with immediately sending the data to the relevant directorate of the local self-government unit for local taxes and fees for the removal/deletion of the obligation from the system. In case the criteria for the repeal of the measure are not met, according to the law and this decision, the Local Inspectorate for Territorial Protection or the Municipal Police shall notify the individual and/or the natural or legal person within 5 (five) days of the rejection of the request for removal/deletion from the system, also stating the relevant reasons. The subject has the right to appeal to court against the decision to refuse the removal/deletion of the administrative measure.
III. PROCEDURES IMPLEMENTED BY THE NATIONAL INSPECTORATE OF TERRITORY PROTECTION (IKMT)
1. The responsible structures at central and regional level, within the National Inspectorate of Territory Protection (IKMT), according to their division of responsibilities, within 30 (thirty) days from the entry into force of this decision, prepare lists of individuals and/or natural or legal persons against whom an administrative measure has been imposed by the relevant structure, which has not been executed, in full or in part, and which has been repealed by Law No. 127/2024, and forward them to the Chief Inspector for approval.
2. The list prepared according to point 1 of this chapter is considered final when, for each offending entity and for the respective administrative measure, recorded for each entity, the administrative acts kept by the inspection structures of the IKMT, including the minutes of ascertainment of the offence (hereinafter PVKK), the explanatory reports attached to it, as well as the decision of the administrative measure and the decision of demolition, clearly record the typology of construction without a permit or prior notification, which, in any case, must clearly reflect that the conditions for the repeal of the administrative measure are met, according to the requirements of Article 2 of Law No. 127/2024.
3. Except as provided in point 2 of this chapter, in cases of administrative measures not executed, in whole or in part, for which the administrative acts held by the inspection structures of the IKMT, such as the PVKKs, the explanatory reports attached to them, as well as the administrative measure decision and the demolition decision, do not clearly indicate the typology of construction without a permit or prior notification, which in any case must be as defined in Article 2 of Law No. 127/2024, the additional document that will certify the typology of construction without a permit or prior notification will be the act of expertise of construction without a permit, signed by 3 (three) licensed experts in the field. In the absence of this expert report, the assessment of the typology of construction without a permit or prior notification, for the administrative measure under review and the verification of the fulfillment of the conditions for its repeal, according to Law No. 127/2024, is carried out by a special commission, established by order of the Chief Inspector, consisting of IKMT employees, field specialists and lawyers.
4. The decisions of the Chief Inspector issued according to points 1 and 3 of this chapter, for the removal/deletion of administrative measures repealed by Law No. 127/2024, are administered by the structures responsible for following up on the execution of administrative measures, as well as by the structures responsible for maintaining registers, where the administrative measures imposed by IKMT are recorded, which respectively remove or delete them from the evidence or registers they have.
5. Any individual and/or natural or legal person who claims that an administrative measure imposed on him/her and repealed by Law No. 127/2024 has not been removed/deleted from the system shall submit a request, respectively, to the responsible structures at the central and regional levels, within the National Inspectorate for Territorial Protection (IKMT), for the removal/deletion of the measure.
6. The responsible structure shall verify the claims in the request and, if the criteria provided for in Law No. 127/2024 and in this decision are met, proceed with immediately sending the decision to repeal the administrative measure to the Chief Inspector. If the criteria for repealing the measure are not met, according to the law and this decision, the responsible structure shall notify the individual and/or natural or legal person within 5 (five) days of the rejection of the request for removal/deletion from the system, also stating the relevant reasons. The subject has the right to appeal to court against the decision to refuse to lift/delete the administrative measure.
IV. PROCEDURES IMPLEMENTED BY THE NATIONAL FOOD AUTHORITY AND THE STATE HEALTH INSPECTORATE
1. The responsible structures, at central and regional level, composed of the National Food Authority or the State Health Inspectorate, according to the division of their responsibilities, within 30 (thirty) days from the entry into force of this decision, prepare lists of individuals and/or natural or legal persons against whom, by the relevant structure, an administrative measure has been imposed, which has not been executed, in full or in part, and which has been repealed by Law No. 127/2024.
2. The list of offending entities is accompanied by a copy of the final decisions imposing the administrative measure, the explanatory report for each measure imposed, as well as information on the stage at which the execution process is, accompanying it with the relevant documentation.
3. The list prepared according to points 1 and 2 of this chapter is forwarded for approval, respectively, to the General Directorate of the NFA or to the Chief Inspector of the State Health Inspectorate. The final lists are approved by the head of the institution within 30 (thirty) days from the date of submission for approval.
4. The lists approved by the heads of institutions, according to point 3 of this chapter, for the removal/deletion of administrative measures repealed by Law No. 127/2024, are administered by the structures responsible for monitoring the execution of administrative measures and by the structures responsible for maintaining records, where the administrative measures imposed by the National Food Authority or the State Health Inspectorate, respectively, are recorded. The responsible structures, respectively, remove or delete them from the records or registers they have.
5. Any individual and/or natural or legal person who claims that an administrative measure imposed on him and repealed by Law No. 127/2024 has not been removed/deleted from the system, shall submit a request, respectively, to the responsible structures, at central and regional level, within the National Food Authority or the State Health Inspectorate, according to their division of responsibilities for the removal/deletion of the measure.
6. The responsible structure shall verify the claims in the request and, if the criteria provided for in Law No. 127/2024 and in this decision are met, shall proceed with immediately sending the decision to repeal the administrative measure for approval to the General Directorate of the National Agency for Health Insurance or to the Chief Inspector of the State Health Inspectorate. If the criteria for the repeal of the measure are not met, according to the law and this decision, the responsible structure shall notify the individual and/or natural or legal person within 5 (five) days of the rejection of the request for removal/deletion from the system, also stating the relevant reasons. The subject has the right to appeal to court against the decision to reject the removal/deletion of the administrative measure.
V. PROCEDURES IMPLEMENTED BY THE STATE POLICE
1. Local police departments, within 30 (thirty) days from the entry into force of this decision, shall prepare lists of individuals and/or natural or legal persons against whom an administrative measure has been imposed by their police structure, which have not been executed, in whole or in part, and which have been repealed by Law No. 127/2024.
2. The list of offending subjects shall be accompanied by a copy of the final decisions imposing the administrative measure, an explanatory report for each measure imposed, as well as information on the stage at which the execution process for each measure is at.
3. The lists prepared by local police departments, according to points 1 and 2 of this chapter, together with the accompanying documents, shall be forwarded for approval to the General Directorate of the State Police.
4. The General Directorate of the State Police, after verifying and ascertaining the fulfillment of the legal conditions for the repeal of the listed administrative measures, within 30 (thirty) days from the date of their transmission, for approval, by decision of the General Director or his authorized representative, approves the final lists of administrative measures repealed by Law No. 127/2024.
5. The General Directorate of the State Police sends to each local police directorate the final lists together with the respective approving decisions for the removal/deletion of the repealed administrative measures.
6. The final lists and approval decisions for the removal/deletion of administrative measures repealed by Law No. 128/2024 are administered by the structures of the local police directorates, responsible for monitoring the execution of administrative measures, as well as by the structures responsible for maintaining registers, where the administrative measures imposed by the State Police are recorded, which, respectively, remove or delete them from the evidence or registers they have.
7. Any individual and/or natural or legal person who claims that an administrative measure imposed on him and repealed by Law No. 127/2024 has not been removed/deleted in the system, submits a request, respectively to the responsible structures at the local level, for the removal/deletion of the measure.
8. The responsible structure verifies the claims in the request and, if the criteria provided for in Law No. 127/2024 and in this decision are met, proceeds according to points 3 and 4 of this decision. If the criteria for the repeal of the measure are not met, according to the law and this decision, the responsible structure notifies the individual and/or natural or legal person within 5 (five) days of the rejection of the request for removal/deletion from the system, also stating the relevant reasons. The subject has the right to appeal to court against the decision to reject the removal/deletion of the administrative measure.
VI. FINAL PROVISIONS
1. The institutions mentioned in point 2, of Chapter I, of this decision, shall carry out the notification for the removal/deletion of the repealed administrative measures through public notice by announcement, in accordance with the provisions of the Code of Administrative Procedures of the Republic of Albania.
2. The process of removal/deletion from the list of debtor entities, according to this decision, shall be completed within 60 (sixty) days from its entry into force, with the exception of the case provided for in point 3, of Chapter III, for which the deadline for completing the process is 80 (eighty) days.
3. The administrative expenses for the implementation of the process of removal/deletion of unexecuted and repealed administrative measures by Law No. 127/2024, carried out according to this decision, shall be borne by each institution.
4. The local territorial protection inspectorates, the National Inspectorate of Territorial Protection, the National Food Authority, the State Health Inspectorate, the General Directorate of the State Police, the Municipal Police and the local self-government units are charged with the implementation of this decision.
This decision shall enter into force upon its publication in the “Official Gazette”. (A2 Televizion)
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