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Tailor-made laws in the Western Balkans and Turkey

 Law for building a new national theatre - Tailor-made laws in the Western Balkans and Turkey

 Law for building a new national theatre

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Introduction

This law defines the special procedure for assessing, negotiating and signing a contract for the "planning and realisation of the urban project and the building of the new national theatre".

In early 2018, the Albanian government publicly announced its intention to build a new national theatre by means of a public-private partnership (PPP) with Fusha SHPK, a private company that had submitted an unsolicited proposal for this purpose. Subsequent media reports criticised the initiative.

Country
Albania
Sector
Construction and urbanism
Type of Law
Capturing a market, an industry or public resources

Description of the law

This law defines the special procedure for assessing, negotiating and signing a contract for the "planning and realisation of the urban project and the building of the new national theatre".

In early 2018, the Albanian government publicly announced its intention to build a new national theatre by means of a public-private partnership (PPP) with Fusha SHPK, a private company that had submitted an unsolicited proposal for this purpose. Subsequent media reports criticised the initiative.
Articles 5, 6 and 7 of the draft law specified that the state would negotiate the terms of the PPP with Fusha SHPK. [Attached “Ligji FUSHA – GODINAEREETEATRIT.pdf”]

Following media reports and a reaction from the European Commission, which stressed that direct negotiations with only one private company was in breach of competition rules, the government adjusted the draft law so as to enable other private companies to submit bids. However, even the new draft law that was adopted (Law No. 37/2018) and in particular the relevant bylaws (Decision of Council of Ministers) provided for the preferred status of Fusha SHPK (see analysis below).
A number of steps and actions taken by the government highlight the tailor-made character of this law. These include 1) the speed with which the procedure was defined and 2) the previous Council of Ministers Decision (CMD) No. 325 (2017), which excluded the planned new national theatre building from the area with protected cultural heritage status in the historical centre of Tirana (see here, here and here).