Press Release

In view of the public declarations made by the Prime Minister of the Republic of Albania, commenting on the decision rendered by a Prosecutor of the Prosecution Office at the Court of First Instance of General Jurisdiction in Shkodra, we hereby clarify the public opinion as follows:
The decision dated 30 May 2025, issued by Prosecutor Elsa Gjeli, was rendered in full compliance with Article 290, point (ç) of the Criminal Procedure Code, stipulating that:
“ Criminal proceedings shall not commence when the act is not provided by law as a criminal offence or when it is proven that the act does not exist.”
Regarding the specific case at hand, after a comprehensive evaluation of the facts and procedural acts, it was ascertained that the facts reported by the State Police do not constitute illegal construction as defined under Article 199/a of the Criminal Code, for the reasons set forth below:
•    The structures identified and referenced by the police consist of temporary containers without foundations, placed upon stone slabs, which do not meet the criteria for classification as constructions under the standards as provided for in Law No. 107/2014 "On Territorial Planning and Development," as amended.
•    The Police, in the official report of the on-site inspection, explicitly stated that the containers were not placed on concrete foundations but were instead put on cut stone slabs.
•    Pursuant to Article 7, point 3, letter (i) of the Council of Ministers Decision No. 408, dated 13 May 2015, as amended, structures installed for immediate and/or temporary purposes, lacking foundations and made of removable materials, do not require a construction permit but only a prior declaration.
•    The Inspectorate for Territorial Protection (ITP) of Shkodra Municipality, in its correspondence addressed to the Judicial Police, classified the facts as constituting an administrative offense rather than a criminal offense; thereby, the institutions responsible for territorial management had to take the necessary actions.
Given the absence of the objective element and criminal consequence, as established through the applied legal analysis, the commencement of criminal proceedings is rendered impossible. The Prosecutor, as an independent constitutional authority, is legally bound to assess the facts in full compliance with the law.
In a state governed by the rule of law, the functional independence of the Prosecutor is guaranteed under the Constitution and by Law No. 97/2016 “On the Organization and Functioning of the Prosecution Office in the Republic of Albania.” The Prosecution Office is an autonomous constitutional institution that operates in conformity with the law, where all procedural decisions are rendered based on the evidence and facts established, entirely free from any external political interference. Any attempt, whether direct or indirect, to influence the prosecutorial decision-making process constitutes a breach of the principle of separation of powers, as enshrined in Article 7 of the Constitution.
Respecting and upholding the separation of powers is a fundamental cornerstone of the functioning of a democratic state. Interventions by the executive power in the decision-making processes of judicial institutions, including through public commentary, may be perceived as undue pressure on the judiciary, thereby eroding public trust in the justice system.

The decision to refrain from commencing criminal proceedings does not constitute an act of personal discretion but rather a legal act grounded in the fundamental principles of substantive and procedural criminal law. Any institutional concerns must be addressed through the channels established by law, rather than through public political discourse attempting to exert influence on the justice system. The rule of law cannot be upheld if prosecutors are deterred by fear from making lawful decisions that may not align with the interests of other state authorities. 
The Prosecution Office remains steadfastly committed to executing its mandate with fairness, impartiality, and in full compliance with the Constitution and applicable law.