Success Story: Lawyer wins the case against an unjust fine imposed by the Territory Protection Inspectorate (IMT) Tirana Municipality

After the tragic events of the earthquake of November 26, 2019, and the torrential rains that followed, many Albanian families faced major material damages. One of them was citizen Sh.Ç, owner of a land in the Farka area, where his son E.C legally exercised a small commercial activity as a bar-café. From massive landslides, the hill collapsed completely, taking with it perennial trees, where from the slide soils covered the premises and the protective wall of the property was damaged.

In these emergency conditions, Sh.Ç immediately turned to the authorities of the Farka Administrative Unit and Tirana Municipality. After field verifications, the authorities equipped him with a permit for carrying out ordinary maintenance works, while with official letter no. 4296/1, dated 26.12.2019, it was confirmed that these works did not require a construction permit. Based on this approval, E.Ç started works for clearing soils and strengthening the existing wall. The works were checked several times by inspectors of IMT Tirana Municipality, who did not find any violation.

However, about three weeks after completion of the works, a sudden turn occurred: inspectors of IMT and a police employee together with a judicial police officer verified the works carried out in the area and, after a few days, a fine of 500,000 ALL was imposed on Sh.Ç by IMT of Tirana Municipality, with the claim that works were carried out without documentation.

This decision was completely unjust, as:

• Sh.Ç had not carried out any work himself, but his son as an independent commercial entity;
• Works were legal and approved with preliminary declaration of works;
• The administrative procedure followed was violated in several steps by IMT.

At this moment, Sh.Ç requested the help of lawyer Kastriot Frashëri, who took over the legal defense of the case. The lawyer, after analyzing the documentation, evidenced procedural violations and prepared the lawsuit request addressed to the Administrative Court of First Instance Tirana, requesting the repeal of the fine and suspension of the decision implementation.

In court hearings, professional representation and legal argumentation of the honorable lawyer Frashëri were decisive. He clearly demonstrated that the IMT decision was issued in contradiction with the law and legal procedures and that the plaintiff had no administrative or material responsibility in this case.

With legal representation by lawyer Kastriot Frashëri, a formal lawsuit was prepared in the Administrative Court of First Instance Tirana, with requests:

• Acceptance of the lawsuit
• Repeal of decision no. 0000, dated 11.02.2020 “On Fine Punishment” of IMT, Tirana Municipality and cancellation of the fine
• Obligation of the defendant to pay court expenses
• Taking the measure of securing the lawsuit by suspending the implementation of this act

After reviewing facts and documents, the Court decided:

• Acceptance of the lawsuit request
• Repeal entirely of the administrative act Decision no. 0000 dated 11.02.2020 “On fine punishment” of IMT Tirana Municipality
• Court expenses are charged to the defendant party
• In implementation of article 45/a of law no. 49/2012 this decision is unappealable and final

This is another significant example of how rights of citizens infringed by acts of public bodies align with professional protection and legal persistence of lawyer Kastriot Frashëri, which can bring real justice for the common citizen. Debate in the hall is not a crime; it is the essence of justice and a demonstration of professional skills.

Thanks to his dedication, a great injustice was corrected by the court, a family was not punished financially, regained dignity, and the principle that the law protects those who act with honesty and trust in justice was reaffirmed.