+38 residents of Kutë village, EcoAlbania, Riverwatch and Euronatur ultimately win the legal battle for the Poçem hydropower plant+
Tirana, July 24th, 2024. The long legal battle for the cancellation of Poçem hydropower plant and the victory of the first instance is now confirmed by the Administrative Court of Appeal in Tirana, where the right is given to the residents and partner organizations of the “Save the blue heart of Europe” campaign. In its reasoning, the Court of Appeals fully confirms the decision of the first instance and its arguments in support of the plaintiffs’ claims. This decision marks the final victory of the first environmental case handled by the Court in Albania.
EcoAlbania, EuroNatur, and RiverWatch, together with 38 residents of the Kutë village in Mallakastër (a village that would be flooded by the construction of the Poçem hydropower plant), filed the lawsuit against the construction of the Poçem hydropower plant in December 2016 The claims were based on the procedures followed for granting the concession contract and the public consultation process, which were conducted in violation of Albanian legislation and international conventions.
While, in May 2017, the First Instance Administrative Court ruled in favor of the residents and organizations, marking the first significant success for the “Save the Blue Heart of Europe” campaign. The grounds for the lawsuit in this judicial process were the inadequate Environmental Impact Assessment (VNM) and lack of consultation with the affected community. The sued parties, including the Ministry of Environment, the National Environmental Agency, the State Attorney (on behalf of the Ministry of Energy), and the concessionary company (Kovlu Energy), appealed the verdict of the First Instance Administrative Court. After 8 years, the Court of Appeals decided to dismiss their appeal and uphold the decision of the First Instance Administrative Court, allowing it to take effect.
In March 2023, the Vjosa river and its tributaries Drino, Bënça, Shushica and Kardhiqi, were declared a National Park, offering legal protection even from the 45 hydropower plants planned to be built along the Vjosa basin. “Even though this decision comes in a different reality, after the proclaimation of the Vjosa National Park, we consider it an achievement for the community, activists and lawyers engaged in the protection of the Vjosa river, who have followed this issue with rigorousness and determination “, said Olsi Nika from EcoAlbania.
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The issue of the Poçem hydropower plant was the first lawsuit of an environmental issue in the Administrative Court in Albania, which paved the way for many other environmental issues raised by organizations and residents to claim the right to preserve the natural resources of the country.
“The final verdict constitutes another achievement in the construction of administrative judicial practice related to environmental right in Albania. The whole progress of the issue of the opposition to the construction of the Poçem hydropower plant in court is a pioneering model for all those who have been a part of it, including the organizations, the community, us the lawyers and the court itself.” – said the lawyer of the case, Vladimir Meçi.
The Poçem hydropower plant project presented a number of shortcomings which are unfortunately encountered in most cases in similar projects, such as: the lack of public consultations with the affected residents as well as incomplete or “fake” environmental assessment reports.
“We have opposed the Poçem hydropower plant with all democratic forms, from protests to the judicial process. This verdict makes us feel proud of the unity of the Kuta community”, said Demir Murataj, a resident of Kuta village.
Background information:
Vjosa is the last big wild river in Europe, outside Russia. Along its almost 270 kilometers course, the river flows almost unobstructed from the Pindus Mountains to the Adriatic Sea. in March 2023, after 10 years of our campaign, the Albanian government proclaimed Europe’s first Wild River National Park.
The initiative to protect the Vjosa is part of the “Save the Blue Heart of Europe” campaign, commenced by Riverwatch and EuroNatur. In Albania, the local partner is EcoAlbania. In our efforts to protect Vjosa as a National Park, we partnered with outdoor company Patagonia.
The “Save the Blue Heart of Europe” campaign is supported amongst others by the Manfred-Hermsen-Stiftung.
