The Albanian Helsinki Committee and the ​​Black Drin Association and other nature conservation and human rights organisations had submitted a constitutional complaint demanding abrogation of the law and the contract awarded to “Bechtel International Inc.” for construction of the planned 210 MW Skavica hydropower plant in the Albanian municipalities of Kukës and Dibër, saying the law violates the Constitution and runs counter the Stabilization and Association Agreement.

The Court said it has jurisdiction to examine the compatibility with the Constitution of the law and it has no jurisdiction over the Council of Ministers’ decision, since the decision is not a normative act.

Considering that the law regulates the Skavica HPP project in two phases and the second phase can commence only if the first phase is finalized, the Court assessed that the petitioners are legitimate only for the claim of violation of the right to information on environmental issues.

The Court noted that the Council of Ministers and the Assembly haven’t respected the right to information regarding the environment and its protection and they haven’t held consultation processes with the public to allow local community to participate under the obligations of the Aarhus Convention.

The Constitutional Court found that the public right regarding access to information and public participation has been violated.

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