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Ina Zhupa denounces the draft law on Ports: Unconstitutional, donates public property to private individuals
2026-04-07 11:49:36 / POLITIKË
DP MP Ina Zhupa has denounced that the majority is attempting to quickly pass the draft law on Ports, which she described as unconstitutional, and warned that she will send it to the Constitutional Court.
She emphasized that this draft law will be reviewed quickly today in three committees and then passed by order in Thursday's session.
According to her, the draft law provides that the procedures and criteria for concluding contracts with strategic investors will be determined through decisions of the Council of Ministers, turning the open competition into an agreement between the government and the entity.
Further, she argues that the law on strategic investments expires in December 2026, emphasizing that intervention 6 months in advance is not necessary.
She added that the draft law violates the principle of equality before the law, paralyzes free competition, and conflicts with the principle of public safety.
Today, in three committees, the draft law on ports will be reviewed urgently, with the order to pass it in Thursday's session.
Currently, the legislation on tourist ports stipulates that their construction is carried out through concession procedures. However, the proposed amendment aims to allow entities that enjoy the status of “Strategic Investor” not to be obliged to undergo this process.
According to the draft, if a company has received the status of “Strategic Investor” from the Strategic Investment Committee (SIC), and the construction of the port is part of its project, it is exempted from the obligation for open competition. In practice, this means that the developer of a private resort automatically gains the right to build and manage the corresponding port as well.
In the concession scheme, the investment is carried out by the private sector, but after a certain period, the constructed facility returns to the state. Meanwhile, with the new legal changes, the tourist port remains the permanent property of the private investor.
Although these ports are considered assets of public interest, the draft law foresees that the procedures and criteria for concluding contracts with strategic investors will be determined through decisions of the Council of Ministers. This, in practice, shifts the process from an open competition to a direct agreement between the government and the private entity.
This situation raises concerns about the lack of competition and transparency, and opens a debate on the long-term benefit: is it more favorable for the state or the private sector?
The law they want to pass quickly is unconstitutional. The Constitution of the Republic of Albania sanctions the principle of the rule of law, which requires:
stability and normative coherence;
transparency in decision-making;
limitation of administrative discretion;
protection of public interest in the administration of state property.
I remind you that the law on strategic investments expires on December 31, 2026. How is this intervention necessary for the 6 months that remain of the law?! Amending a sectoral law with a permanent character to adapt to a temporary scheme for strategic investments violates the principle of legal certainty and creates uncertainty in the normative order.
The Constitution guarantees equality before the law and prohibits differential treatment without objective and proportional justification.
Exemption of a category of entities (strategic investors) from the obligation for a competitive procedure:
creates preferential treatment;
limits the access of other economic operators;
violates equality of opportunity in the market.
The competitive procedure is not an administrative formality, but a constitutional mechanism that guarantees the protection of the public interest and the optimal use of state assets.
Ports, even when classified as touristic, constitute critical national infrastructure, directly linked to territorial sovereignty, maritime security, border control, economic development and coastal space management. They are part of public property with a special legal regime and, as such, their administration should be guided by the principle of maximum public interest and not by exceptions according to the preferential judgments of the prime minister. How can a private investor have a port forever?!
The Republic of Albania has a constitutional obligation to harmonize its legislation with European Union law.
European standards in the field of:
public procurement,
concessions,
state aid,
free competition
require transparency, non-discrimination and open procedures.
From the above it follows that the draft law:
violates the principle of equality before the law;
paralyzes free competition without proportional justification;
destroys transparency and accountability mechanisms;
donates public property, such as ports, to a private entity in perpetuity;
conflicts with the principle of legal certainty;
creates inconsistency with the European commitments of the Republic of Albania.
For these reasons, the Democratic Party will take it to the Constitutional Court, inform the European Union and will follow this issue continuously.
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