The Shkodra Court of Appeal has filed an appeal with the Constitutional Court requesting it to repeal changes to the Criminal Code that consider it illegal to organize protests without government permission.
Albanian news portal Shqiptarja.com reported that the Shkodra Appeal has filed its complaint with the Constitutional Court since January 28, and expects the case to be adjudicated as soon as the court quorum is reached.
The amendment made in 2017 to Article 262 of the Criminal Code requires protest organizers to get permission from authorities or otherwise face fines or imprisonment of up to one year.
“Organizing the assembly of people in squares and places of public passage, without prior permission by the competent authority according to the specific provisions or when organizers breach the conditions provided in the request for permission, constitutes criminal contravention and is punishable by a fine or up to one year of imprisonment.”
According to the Shkodra Court of Appeal, which is reviewing cases related to illegal assembly, the said article is unconstitutional and should be repealed as it deprives citizens of their right to protest.
This is the second constitutional appeal filed by a court since the Constitutional Court met the minimum quorum to accept appeals. The Tirana court has also sought the abrogation of a change in the Code of Criminal Procedure which stipulates that sentencing in absentia can be reviewed.
The Constitutional Court has only 4 of its 9 members. Decisions on cases reviewed need a minimum quorum of 6.
The Constitutional Court is also expected to rule on the validity of the June 30 local elections and the special law to demolish the National Theater and awards its land to a private company.
