A court decision to suspend the operations of Seka Hydropower in Zall Gjocaj was not enforced by the Energy Regulatory Entity (ERE) until four months later, allowing the company to continue producing power contrary to the court decision.
ERE issued the license in 2020 but residents began protesting and challenged the license in court. In November 2021, Tirana administrative court ruled that operations must cease as part of the infrastructure is in a protected area.
It took ERE four months to enforce the decision, meaning the company continued to produce power and profit from a license that was ruled against by the court. The decision was a final decision and therefore should have been enforced immediately.
Dorina Ndreka, a lawyer for the residents told BIRN that “the Criminal Code is very clear that the non-execution of court decisions is a criminal offence and there is no room for discussion. ERE has legitimised the production of electricity from November 2021 until mid-February 2022 for a HPP located within a protected area.”
This is the second example of court decisions not being enforced in favour of hydropower plant operators. In Valbona, the high court suspended the work of the two plants indefinitely, pending the outcome of a decision by the administrative court on their legality. Despite this, the company, Gener2 continues to sell electricity generated by the plants, to the state.
