Legislation and analysis of the implementation of spatial and urban planning in Albania, Kosovo, Macedonia, Moldova, Republic of Srpska and Turkey
Spatial and urban planning is a continuous process that needs to be mutually coordinated in a complementary way. Likewise, it needs to be coordinated with the large number of priorities coming from different areas of competency, in particular economic and social development and environmental protection. It is necessary to complement the policies and coordinate the priorities between all stakeholders at all levels in order to achieve ideal spatial planning and adequate land usage. In this respect, sustainable development becomes not just a top priority but also a necessity. The protection of the property rights is also of great importance. Private property and existing legislation often represent serious obstacles to the organization of space when the need to build facilities of public interest arises. Due to a lack of quality legislation in this field, it is often difficult to reconcile public interest and the protection of the ownership rights for property subject to expropriation.
Citizens’ involvement in procedures to adopt and monitor the implementation of plans is not sufficient. Although often foreseen by the law, practical application is not satisfactory.
The most common general feature of legislation in the region in question is the centralized approach to spatial and urban planning, in addition to the progressive and incremental decentralization of the responsibilities relating to management, preparation and implementation of the spatial plans. It is also obvious that other than the different terminology and nomenclature used for the legal documents and laws, the competencies regarding spatial and urban planning are usually not defined in a single law, but rather in several legal acts, creating a dispersion of the legal matter.