The End of Illusions for Protected Areas, Natural Heritage handed over to Development
Tirana, July 31, 2025 – The Constitutional Court has announced its decision today on the case brought by 1/5 of the Members of the Albanian Parliament, requesting the annulment of Law No. 21/2024 “On some additions and changes to Law No. 81/2017 ‘On Protected Areas,’” claiming it to be incompatible with the Constitution of the Republic of Albania and international agreements.
During the review, the Constitutional Court addressed a series of claims related to the legislative process and content of the law, including:
- Suspension of the law during review – dismissed.
- Incompatibility with the SAA and the acquis communautaire – dismissed due to lack of a qualified majority.
- Lack of public consultation – dismissed on the grounds that the initiative was parliamentary and not governmental.
- Absence of a financial impact report – dismissed, again due to lack of judicial consensus.
- Violation of national identity and natural heritage – dismissed with the reasoning that the law is a framework and has no direct effects without implementing acts.
The Court decided that the amended law does not, in itself, constitute a constitutional violation, thus keeping in force a new legal framework that allows the creation of new structures and reopens the debate on permissible developments within protected areas.
The Constitutional Court’s decision to dismiss the request by 1/5 of MPs and environmental organizations to annul the new law on protected areas has sparked deep concern among civil society and the scientific community. The new law, now in force, is seen by experts as a critical step backward, leading to the ecological disintegration of Albania’s natural assets by opening the door to urbanization and rapid economic development on lands previously protected by law.
This decision reinforces a trajectory initiated six years ago, with the revision of the national network of Protected Areas, where government plans for “sustainable development” have continuously disregarded the voices of local communities, environmental experts, and Albania’s international obligations under environmental conventions and the European Union integration process.
Beyond its intent, the law’s adoption process has been deeply problematic, marked by a lack of transparency, formal and often symbolic consultations with stakeholders, and serious violations of standards prescribed by Albanian law and international treaties. “The entire process has been accompanied by the use of government-independent institutions as levers to stubbornly implement its declared plan, launched in 2018, to make protected areas available for rapid economic development, a process that has not stopped with municipalities, parliament, or the President of the Republic. It seems the final link brought into line is the Constitutional Court itself, which, through this decision, formally ends the protection of protected areas,” said attorney Dorian Matlija, representing the environmental organizations in the case and a member of the Res Publica Center.
Environmental organizations that brought the issue to the Constitutional Court warned that the new law paves the way for the legalization of tourist resorts, roads, and heavy infrastructure within previously untouchable areas. This not only threatens biodiversity but also directly harms the country’s ecological health and Albania’s commitments to sustainable development.
“The Constitutional Court’s decision is a serious step toward dismantling all the environmental achievements of recent decades,” said Olsi Nika, Executive Director of EcoAlbania and one of the organizations supporting the MPs’ case to repeal the legal amendments. “This is not just a lost battle for nature, but also an alarm signal about the role of institutions in protecting the public interest,” he added.
This development sets a dangerous precedent for the future of environmental policy in Albania and raises serious concerns about the separation of powers, the integrity of judicial decision-making, and the use of independent institutions in the service of one-sided agendas.
At a time when the country aspires to join the European Union, this Constitutional Court decision risks sending the wrong message about Albania’s commitment to European standards of environmental protection and democratic transparency.
