Translated from Albanian · Original article in Albanian →
After mass protests by students and young people demanding his resignation, Prime Minister Edi Rama has presented a new legal package that would toughen measures against participants in gatherings where violence occurs.
One of the most contentious proposals is fines of up to 500,000 new lek even for people who do not directly commit acts of violence but remain in a crowd where such acts are taking place, despite police warnings.
The initiative comes after 13 days of anti-government protests and clashes between demonstrators and law enforcement. While students continue to demand his departure, Rama has chosen to present new punitive measures, arguing that the aim is to protect public order and property.
The package also provides for fines of 10,000 to 100,000 lek for taking part in unauthorised gatherings and for disobedience, while the police would be given the right to restrict gatherings for up to 72 hours around designated sites.
The proposals raise questions about their impact on freedom of assembly and about how the individual responsibility of participants will be determined.
Statement by Prime Minister Edi Rama:
“After intensive work with European experts and coordination with our French and Italian partners, and drawing on the model they adapted to the same anti-democratic flame, we have the legal package against violence and urban anarchy ready.
Peaceful protest is protected, violence is punished and damage is paid for by whoever causes it. Every measure complies with Article 47 of the Constitution, Article 11 of the ECHR, and the guidelines of the Venice Commission and ODIHR. Responsibility is always individual.
The package has six instruments that complement one another. A normative act on compensation for small businesses, a law on the repair of damage, several amendments to the law on assemblies, an electronic register of urban offenders, an amendment to the Teachers’ Code of Ethics and several proposed amendments to the Code of Procedure.
The second instrument is the new law based on the French model. Whoever breaks, pays. The new law we have drafted on the repair of damage lays the foundation for the future on a simple principle: whoever causes damage pays for it.
The burden no longer falls on taxpayers, as it has until now. The law applies to every public gathering, including sporting events, celebrations and so on, where material damage is caused to public or private property.
Nobody pays for damage because they protested or were present. This liability arises from each person’s own conduct. It does not restrict freedom of expression.
But anyone who takes part in violent gatherings and does not leave after police warnings, whoever chooses to stay in a crowd or group, will be held administratively liable through a fine, together with those who commit the violent acts, and the fine will be up to 500,000 new lek.
Journalists, doctors, observers, officials on duty and passers-by are exempt from this rule. For minors, the fine will be paid by their parents or guardian.
The law on assemblies has not been updated. It will give the police more tools and sanctioning powers, which are entirely symbolic compared with the measures other EU countries have taken.
The police may restrict gatherings for up to 72 hours around designated sites.
Taking part in an unauthorised gathering and disobedience will be fined from 10,000 to 100,000 new lek for each participant. Disobeying an order to disperse will be fined up to 500,000 new lek. Blocking traffic, 5,000 new lek for each participant.”
