TPP Task 4 Environmental and Social Impact

of location, issuance of urban agreement and permission. This instruction determines the conditions of location for construction objects and procedure for issuance of urban permission and agreement. The section 4 of this Administrative Instruction determines the conditions that must be fulfilled for issuance of act on the conditions of location.

Based on the section 19 of the Law on Spatial Planning, spatial and development plans shall be subject to public review. Based on Section 19 of this Law, MLSW has issued the Administrative Instruction no. 54/2005 no. of protocol 15/05 “for the procedure of public review of spatial and urban plans”, which regulates the manner and procedure of organization of public review and consultations for spatial and urban project plans and the ways for the participation in the procedures 2. Expropriation and Illegal occupation of property The expropriation in Kosovo is regulated by the Law on Expropriation. The Law foresees procedures, including herein legal remedies for protection of individuals of unequal interferences, regarding the property rights, as required by the Section 1, Protocol 1 of the European Convention for Human Rights (ECHR), which was incorporated in the legislation of Kosovo-Constitutional Framework, UNMIK Regulation 2001/09.

The Law on Expropriation requires that the four (4) following levels should be respected by the governmental authorities, in particular municipalities: i. –Preparatory work – prior to the presentation of proposal for determination of public interest or expropriation, government –municipality shall conduct preparatory work, in order to determine, whether the land is appropriate for development. The permission for such work is ensured through the presentation of proposal to the municipal organ, competent for property legal issues. If the land is assesses appropriate, the municipal competent organ shall issue permission, including the deadline for completion. Moreover payment for compensation is required; ii. –Determination of public interest – following the fulfillment of preparatory work, and prior to the proposal for expropriation, a decision or “determination of public interest” should be issued, to determine whether plans for properties are of public interest, or no. The immovable property can be expropriated, if necessary, for construction of economic buildings, health municipal buildings, and others buildings of public interest. The public interest is usually determined by the urban plan. In absence of plan, the Municipal Assembly brings the decision on this; iii. –Decision on expropriation– the proposal for expropriation shall be submitted to the competent organ –Municipal Assembly if considered to be of public interest, and if the preparatory works shows that the land is convenient for development. This proposal should be submitted for approval within two (2) years following the determination of public interest, for issuance and approval of decision for expropriation. The competent organ for legal and property issues, should consult party that is the property right holder, before the issuance of decision; iv. –Decision for compensation – Law on Expropriation determines the amount of compensation that should be paid for expropriation of immovable land. The proposal for