Two HPPs are being built on the Mat River, in violation of environmental legislation and other legal acts. A large part of the project is being developed within the “Lurë – Deja” National Park, which was at the time a protected area. This project was developed without consultation with the residents of the area. Legal assistance has been requested by the residents of the villages near the area where the HPPs are planned to be built.
The lawyers started a court process with the aim of obtaining a court decision for the suspension of construction works (temporary measure). The lawyers were assisted by three private experts, who assessed and determined the potential damage that the construction of HPPs could cause to the environment and river waters. A lawsuit and a request for a temporary measure were filed in January 2020. The Administrative Court of First Instance dismissed the request for a temporary measure. The decision rejecting the request for a temporary measure was appealed to the Administrative Court of Appeal and, after several court sessions, the proceedings were suspended for three months due to the pandemic. In June 2020, the Court resumed work and decided to dismiss our claims presented in the lawsuit, despite admitting that there were some irregularities and violations. It was argued that the latter cannot cause the absolute invalidity of the procedure. The final decision of the Administrative Court of First Instance was appealed to the Administrative Court of Appeal.
As the public authorities involved have confirmed that the HPPs were being built in a protected area, the lawyers, on behalf of the citizens involved, submitted a petition to the Ministry of Tourism and Environment (MTM), requesting that all necessary measures for the implementation of the Law on Protected Areas. MTE did not respond to this request. After the legal deadline expired, the lawyers filed two new lawsuits.
In January 2021, the Administrative Court of Tirana annulled the decision that licensed the company to build a hydropower plant with a capacity of 2295 KW in a protected area.
In November 2021, the Administrative Court of Appeal decided to uphold the decision of the Administrative Court of First Instance and stop the construction of the HEC in Zais.
In March 2022, the Supreme Court decided to suspend the execution of the decisions of the Administrative Court of First Instance of Tirana and the Administrative Court of Appeal.
On November 24, 2022, the Supreme Court decided to uphold the previous decisions by revoking the license of the concessionary company for the production of energy for Hec Zajs, in Zall Gjocaj.
During this period, CLE lawyers offered legal assistance to the community in cooperation with EcoAlbania, while the informal group ATA Kamza served as a mediator and offered their expertise in carrying out the activities. Also, cooperation with the media/journalists was key to exert further pressure: PortaVendore closely covered the case, Nyje.al – a local media portal – published written and audio-visual materials and helped establish contacts with other media. Citizens Channel, Reporter.al, Fax Web, Syri.net and two journalists were also involved in the project.
