From: Alice Taylor
Constitutional Court: National Theatre ‘Special Law’ and Transfer of Ownership Illegal and Unconstitutional

Albania’s Constitutional Court ruled that the government’s decision to transfer the ownership of the National Theatre from the Ministry of Culture to the Municipality of Tirana was illegal. It also declared that the ‘special law’ on the construction of the Theatre via Public-Private Partnership was illegal.

The court rejected the claim that the demolition of the building was against the law. Nevertheless, the court said that the ‘special law’ is unconstitutional, incompatible with international agreements, and violates the rule of law.

This means that the land of the National Theatre will be taken from the Municipality and transferred back to the Ministry of Culture. The new building must be built with an open, public tender.

The Court has also ordered that any works for the construction of the new building be suspended.

Chairman of the Democratic Party Lulzim Basha reacted to the news saying that the Constitutional Court has spoken, but now it’s the turn of SPAK.

Writer and analyst Fatos Lubonja welcomed the news and said it warms the hearts of citizens, particularly those who have lost faith in their country.

The government had already taken the decision to fund the project itself and not pursue a PPP. Therefore, all that will change is that the Ministry of Culture is now responsible for the process, not the Municipality.