The execution of the decision of the Municipality of Prishtina for the ‘Adventure Park’ in Gërmi is postponed
Basic in Prishtina, decides to postpone the execution of the decision of the Municipality of Prishtina for the ‘Adventure Park’ in Gërmi
The Basic Court in Prishtina, Department of Administrative Affairs, has approved the proposal of GLPS and Active Citizens to postpone the execution of the decision of the Municipality of Prishtina to allow the implementation of the project “Adventure Park” in Gërmi until the merits of the case
On February 12, 2021, the organizations Group for Legal and Political Studies (GLPS) and Active Citizens have filed a lawsuit through the Center for Strategic Cases with a request to postpone the execution of the decision against the Municipal Environmental Permit Decision 04 Nr. 352 / 10-151458 / 20 dated 15.10.2020, decision by which the Municipality of Prishtina had allowed the realization of the project “Adventure Park” in the Protected Landscape Gërmia.
The Basic Court in Prishtina, the Department for Administrative Affairs has approved as grounded the proposal of GLPS and Active Citizens to postpone the execution of Decision 04.no. 352 / 10-1511458 / 20 of the Municipality of Prishtina until the meritorious decision of the case. The Court has assessed that the execution of this decision would bring harm to nature which would be difficult to repair, and that postponing the execution is not against the public interest nor would it bring great harm to the opposing party. GLPS and Active Citizens welcome the court decision and remain committed to protecting the right of citizens to participate in decision-making, protect nature and combat the evasion of legal requirements by public institutions.
As the plaintiff organizations have pointed out in the lawsuit, the Institute for Nature Protection has emphasized that the location where the “Adventure Park” is planned to be built is the richest and most important biodiversity area in the Germia Protected Landscape, where the beech forests are located. oldest and best preserved in Kosovo. GLPS and Active Citizens have stated, among other things, that the Decision is contrary to applicable laws. The Municipality has acted outside the authorizations given by the Administrative Instruction for issuing the Municipal Environmental Permit, and has acted in contradiction with the procedures foreseen for this category of projects in the Law on Environmental Impact. On the other hand, the Ministry of Economy and Environment has also not correctly assessed the request of the Municipality and according to the legal requirements / procedures, as defined by the Law on Environmental Impact. Thus, the Municipality of Prishtina and the Ministry of Economy and Environment have avoided legal requirements and public involvement in decision-making for an important project for citizens and nature. On this basis, GLPS and Active Citizens have requested the Court to postpone the execution of the decision of the Municipality of Prishtina until the merits of the case and finally to annul the decision of the Municipality of Prishtina.