THE DECISION OF THE CONSTITUTIONAL COURT NO. 24/2021
Authors
Manushaqe Artan, Saliasi Endri
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Annotation
The Constitutional Court on May 4 2021, took a decision announced on June 2, 2021 to abolish the phrase "without prior permission of the competent body under special provisions" of the first paragraph of Article 262 of the Penal Code of the Republic. of Albania, as incompatible with Articles 17, points 1 and 47 of the Constitution of the Republic of Albania, a provision decriminalizing the criminal offenses of organizing gatherings and events of persons in squares and public places of passage, without prior permission from the competent department according to the special provisions or when the organizers violate the conditions set out in the application for a permit, constitute a criminal offense and it is punishable by a fine or imprisonment of up to one year,
However, this decision of the Constitutional Court does not exhaust the whole scope of the interpretation of the decriminalization of criminal offenses that appear during illegal assembly as criminal offenses that are indirectly absorbed by major criminal offenses such as disturbing public order, blocking the road, disobedient to the police, which will guarantee even more freedoms and individual rights, but also by decriminalizing them so as not to leave room for obstructive interpretation by the courts.
The Constitutional Court must make an interpretation and make a complete decision regarding the decriminalization of these indirect criminal offenses which are resulted from a major criminal offense such as the illegal gathering that is now legal and consequently the other criminal offenses covered by this criminal offense should be decriminalized as a criminal fact and should not constitute a criminal offense in cases where these criminal offenses have been raised and found in an illegal gathering / protest.
Keywords
Authors
Manushaqe Artan, Saliasi Endri
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References:
- The Constitution of Republic of Albania
- Constitutional Court of Albania
- The European Convention of Human Right
- The Penal Code of Albania
- The protest organization law 8773/2001
- Constitutional Court Decision nr. 24 date 04.05.2021
- Court of Shkodra Decision nr. 485 date 26.03.2018
- Criminal proceedings, no 7767, dated 14.10.2019 and notification of the accusation 17.04.2020,
- Notice,RR411294519AA The Criminal Court of the Tirana Judicial District, Gezim.Sadikaj, on 29.07.2020 to appear in court on 23.09.2020 Act 2565 to oppose the police, Judge Kreshnik Omari
- Notice, The Criminal Court of the Tirana Judicial District, Skender Doda, on 29.07.2020 to appear in court on 23.09.2020 Act 2565 to oppose the police, Judge Kreshnik Omari
- Nuk ndalen protestat në Unazë të re: Nuk lëshojmë shtëpitë // 2018. URL: https://www.syri.net/politike/207703/foto-banoret-e-unazes-se-re-bllokojne-rrugen-kryeministri-po-tallet-me-ne-nuk-lejojme-prishjen-e-shtepive/
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