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Ombudsperson’s Report with Recommendations relating to the release of usurped public municipal property

The Ombudsperson delivered to the Municipality of Vushtrri, as responsible party, the Report with Recommendations concerning the release of usurped public municipal property and establishing of the circumstances for unobstructed access, in the main road in village Strofc.

The Report is based on the complaint addressed to the Ombudsperson Institution (OI) concerning the difficulties of movement and of access to the main road of the village Strofc, a road that is the property of Vushtrri Municipality, but seized by one peasant of this village, making impossible its usage.  

In the Report published today, the Ombudsperson finds that Municipality, actually Directory on Geodesy, Cadastre and Property, Directory on Urbanism and Environmental Protection and Directory on Inspection in the Municipality of Vushtrri, has failed to prevent the hindrance of negative effects of influence to the environment due to the road closure. The delay in undertaking efficient actions regarding the public municipal property, for many years, proves unwillingness and irresponsibility of competent municipal bodies to undertake respective actions in accordance with their legal obligations, relating to its citizens. Furthermore the Ombudsperson emphasises the liability of authorities to respond to citizens’ complaints-submissions in compliance with given legal norms.

Legal analyses points out the constitutional liability of the municipal bodies to react on the function of respect of guaranteed human rights and fundamental freedoms as well as rule of law and good governance. Additionally, it has been stressed that failure to apply responsibilities by the Municipality of Vushtrri, in this case to enable free and unobstructed access of its citizens, is also contrary with Article 2 of the European Convention on Human Rights as well as findings of the European Court on Human Rights that the authorities ought to undertake concrete steps to protect guaranteed rights.

Based on facts regarding the case and the legal analyses and findings derived, the Ombudsperson recommends to the Municipality of Vushtrri, that in compliance with responsibilities and legal authorization to undertake appropriate actions, as prompt as possible, for release of the road and to guarantee unhindered access, in the main road of the village. While the recommendation sent to the Directory on Geodesy, Cadastre and Property and Directory on Urbanism and Environmental Protection, has to do with the review of parties’ requests and the obligation to respond to them within the time limits set by laws.

Full Report with Recommendations is available for the public in OI official web page as well as has been distributed to media.

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