
The decision of Judge Ligoraq Toshi has been revealed, who, according to Prime Minister Edi Rama, has seriously violated his duty by siding with the owner of a building that has hindered the community of the area.
According to the disclosed decision, there is a reasonable suspicion that the execution of the decision to demolish this construction may cause damage, which the applicant seeks to avoid.
According to "Ora News" journalist Edison Vatnikaj, the court notes that the metal construction described in the decision under trial turns out to be a part connected to other buildings, which in case the decision to demolish the illegal building were executed creates reasonable suspicion about the possibility of damage to existing buildings.
Any intervention on the ground floor endangers the existing buildings, because they are connected to each other and serve the buildings.
According to the court, it is assessed that the demolition of a building in itself brings consequences for the owner or possessor of this building, as the case may be, and their totality undoubtedly includes the economic costs themselves.
There is no documentary evidence that the construction was carried out on public property.
The minutes of the violation determination, nor the decisions issued based on it, establish that this facility was built on public property, an element that would justify the rejection of the lawsuit's security measure, the court says.
Consequently, the document states that the Court considers that, by taking the security measure, there is no premise to seriously violate the public interest; on the contrary, the control of the legality of the activity of the public body by the Court guarantees a better and more effective protection of the public interest, as long as it concerns a decision-making that has an impact on the fundamental rights and freedoms of the individual. / Ora News
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