- November 29, 2021
- Posted by: CSL
We are pleased to announce that the Supreme Court of Kosovo has reinstated the suspension measure on the operation of the Hydropower Plant in Brezovica.
The Supreme Court overturned the Decision of the Court of Appeals which stated without any basis, among other things, that the suspension of the operation of the hydropower plant was against the public interest!
The Supreme Court found that the legal position of the Court of Appeals could not be approved as fair and legal, as it failed to assess and weigh all the circumstances provided in Article 22 of the Law on Administrative Disputes cumulatively, as and found that the reasoning of the decision of the Court of Appeals was deficient and not convincing on the decisive facts.
According to the Supreme Court, the plaintiffs presented compelling evidence that they would be harmed, that the postponement of the execution of the permits for the Brezovica Hydropower Plant was not against the public interest, and that the construction company would not suffer any major losses. The Group for Legal and Political Studies (GLPS) and NGOs ‘GAIA’ have filed lawsuits in this case through the Center for Strategic Litigation. This Judgment of the Supreme Court is a great victory for the citizens of Shterpce! Because it means that with the suspension of the water permit for HPP Brezovica, the construction company cannot apply for an environmental permit, the issuance of which is a prerequisite for the operation of the hydropower plant. GLPS and GAIA have filed lawsuits only against the water permit for the Brezovica Hydropower Plant, because it is the only one they have received so far from the Ministry of Environment, even though they have been asking for water permits for other hydropower plants in Shterpce for almost a year.
The legal violations in this case have been huge and numerous! Which in August this year were confirmed by the publication of the Report of the Working Group for Hydropower – composed mainly of officials of the Ministry – which has proven that all permits issued for hydropower plants in Kosovo in the last decade are illegal !