Fines of up to 500,000 lekë for violations at assemblies as government approves new legal measures

The government has approved the first initiatives in a package of laws against violence, introduced after violent protests. The measures include higher fines for violations during assemblies, temporary restrictions in designated areas, audiovisual recording of police warnings, and a special electronic register for people referred to prosecutors or under investigation for violent criminal offenses during public gatherings and demonstrations.

Amendments to the law on assemblies set fines of 10,000 to 100,000 lekë for taking part in a prohibited assembly. The same penalty applies to concealing one’s identity. Failure to comply with a police order to end and disperse an assembly is punishable by a fine of 10,000 to 100,000 lekë, or 20,000 to 200,000 lekë, depending on the circumstances.

If a person ordered to leave has concealed their identity, the fine may range from 50,000 to 500,000 lekë. Blocking roads or roadways during an assembly, where traffic is obstructed and the act does not constitute a criminal offense, is punishable by a fine of 5,000 lekë for each day of obstruction and for each participant.

Police may impose temporary restrictions in designated areas

The head of a local police directorate, with the approval of the prefect, may prohibit or restrict assemblies within a specified perimeter near educational, healthcare or state institutions. The restriction may last up to 72 hours.

This measure is permitted when concrete facts indicate a real, serious and imminent risk of violence against people or serious damage to property. The decision must explain the reasons for the restriction, specify the area and duration, and be made public before it takes effect. It may be extended only once, through a new, reasoned decision.

Interested parties have the right to challenge the decision in an administrative court, which must rule within 48 hours. Filing an appeal does not suspend the measure unless the court decides otherwise.

The restriction may not cover the entire territory of a local self-government unit. It also does not apply to minors accompanied by a parent, legal guardian or responsible adult when they pass through the designated area to travel to or from school, home, healthcare and social care institutions, or educational, cultural and sporting activities.

The package of laws also designates protected areas. These include public transport stations, terminals and vehicles; ports and airports; perimeters around educational and healthcare institutions and cultural heritage sites; and other areas designated by the municipal council where repeated offenses against people or property have been documented.

In these areas, a State Police officer may order a person to leave for up to 48 hours if their specific conduct involves threats, repeated harassment, violence against people, property damage, or the use of force to prevent access to or use of the area.

The order to leave must be in writing and state the facts and reasons supporting it, as well as the area and duration of the measure. It may not apply to a person’s residence, workplace, educational institution, healthcare facility where they receive treatment, or lawyer’s office. Nor may the measure be imposed because of participation in a peaceful assembly, personal characteristics, social status, nationality or appearance, or solely on the basis of a criminal record.

New rules on calls for violence on social media

The legal amendments introduce procedures for cases in which messages calling for violence are shared on social media, by email or through telephone communications during the organization or course of an assembly.

After identifying the account, email address or phone number from which the communication was sent, the State Police will notify the person through the same channel. The notice will request that the content be removed and the conduct not repeated, and inform the person that it violates current legislation.

The police will offer the person psychological support or other specialized treatment if it is determined that they need it. If the content is not removed or the conduct is repeated, the relevant measures will be taken under the law in force.

Another amendment requires the State Police to make audiovisual recordings of warnings to disperse an assembly, as well as incidents of violence against people or property damage during an assembly. The recordings will be retained and processed in accordance with the law on compensation for damage caused by violence and property damage during assemblies in public spaces, and the law on the protection of personal data.

Electronic register for people referred to prosecutors or under investigation

The approved measures include the creation and operation of a special electronic register for people referred to prosecutors or under investigation for criminal offenses against state authority, public order and security, involving violent acts against people’s lives or health, or against public or private property during public gatherings and demonstrations.

The register will be administered by the General Directorate of the State Police. It will contain information on people identified in material referred by the police to the prosecution service where specific violent acts have been documented.

The information recorded will include identifying and procedural data, the source of the information, the date of registration, the update history, the referral number, the date of the incident and any restrictions in force, if they have been reported. Information will also be obtained through connections to the National Civil Status Register and relevant State Police electronic systems.

The Border and Migration Police will have restricted access to the register, solely for border checks and enforcement of restrictions established by law. If an individual check reveals concrete information indicating involvement in violent acts during demonstrations or public gatherings, border police may administratively refuse the person’s departure from the country, even if no security measure barring them from leaving has been imposed.

If the person is allowed to leave, the border authorities will notify the authorities of the country they are traveling to. The General Directorate of the State Police will also inform the natural and legal persons who privately administer accommodation facilities about individuals for whom there is concrete information relating to participation in violent acts and whose relevant case materials have been sent to the prosecution service.

Within 30 days of registration, the necessity of retaining the referred person’s data will be reviewed. If the competent prosecution office states that it will not initiate criminal proceedings or that the case has been dismissed, the data will be removed from the register.

Information must be processed and shared in accordance with the law on the protection of personal data, ensuring confidentiality, restricted access, traceability and proportionality.

The Ministry of Interior, the General Directorate of the State Police and the National Agency for Information Society have been tasked with implementing the decision.