With Judgment AA.nr.2093/2019, issued by the Basic Court in Pristina, Department for Administrative Matters dated 12.09.2023, this court approved the claim of the plaintiff Imri Haliti, which annulled the decision with no.prot. 4329-2/2019 dated 04.09.2017 on the Granting of Consent for the Approval of the MDP 2017-2025 of the Municipality of Ferizaj. In this regard, this decision was challenged by the MMPHI as the plaintiff in this administrative conflict, before the Court of Appeal, where on 23.01.2025 this court made a decision to reject the MMPHI's appeal.
This decision of the Court of Appeal marks a major victory for the civic activism of several citizens of the Municipality of Ferizaj, who have been fighting for 7 consecutive years to uncover the truth regarding this case. This decision seals the illegality of the Ferizaj Municipal Development Plan 2017-2025, due to the fact that the entire administrative process developed by the Municipality of Ferizaj was carried out without holding a public review, which is a requirement of the legal provisions of the Law on Spatial Planning No. 04/L-174 and the legal provisions of the Administrative Instruction No. 11/2015 on the basic elements and requirements for the drafting, implementation and monitoring of the MDP.
The court found that the Municipality of Ferizaj had not implemented the norm of Article 20 of the Law on Spatial Planning No. 04/L-174, due to the fact that before the MDP was finalized, the Municipality of Ferizaj should have invited interested citizens for consultations and public reviews, as well as accepted petitions, through public notice. The court also found several other legal violations which are evidenced in the judicial decisions of both instances of the judiciary.
AVONET estimates that as a result of several years of inaction by the Municipality of Ferizaj and the Ministry of Environment, Spatial Planning and Infrastructure, the city of Ferizaj has been extremely degraded in terms of urban development, where construction permits in this city were issued based on the MDP, i.e. on a document that has derived from the development of a clearly illegal and arbitrary administrative procedure. We can now freely say that in the MMPHI regarding this issue there was an organized group, where their illegal actions have caused irreparable consequences for the city of Ferizaj.
Also, during this period it is worth noting that the Urban Regulatory Plans of the city of Ferizaj have been in force and continue to remain in force, but neither these spatial plans (URP) The Municipality of Ferizaj has not respected them.
The citizens of Ferizaj, as well as AVONET, have continuously informed the Municipality of Ferizaj and the Ministry of Public Works and Housing about these legal violations, but they have opposed them, and now, after the final decision of the Court of Appeal, it is clear that these violations have indeed existed and that these violations have caused irreparable damage to the residents of Ferizaj.
AVONET has information that the former director of the Urban Planning Department of the Municipality of Ferizaj, FG, is now facing a criminal case regarding abuse of office and official authority, which is directly related to the process of illegal approval of the MDP.
AVONET assures citizens that it will work continuously to hold criminally accountable before the criminal prosecution authorities all persons responsible for the already confirmed legal violations, whether they are responsible officials of the MMPHI or the Municipality of Ferizaj.
With respect,
AVONET NGO network
