It was published yesterday in Official Journal the decision which authorizes the establishment and operation of a commission for the evaluation and negotiation of the contract with the private party with the object of realizing the development project of the National Theater area.
This decision was published on June 3, 2019, almost two months after the government's approval, namely on April 4, 2019. Although opposed for more than a year by civil society, this project aims to demolish the existing Theater building and erect a new building.
In the first point of this decision, it is stated that it is intended to create a commission to carry out the evaluation and negotiation procedures of the contract with the object of realizing the development project of the National Theater area, including the design, construction and delivery of the new Theater building. as well as drafting the contract with the selected private party.

In the second point of this decision, the determination of the qualifying criteria and the documentation required for the selection of the private party that will undertake the realization of the development project of the area and the new building of the National Theater is required. The evaluation and negotiation committee is chaired by the deputy mayor of Tirana and consists of 6 members who are:
- Ministry of Culture
- Ministry of Finance and Economy
- Ministry of Infrastructure and Energy
- Ministry of Justice
- State Bar
- Theater troupe
Within 5 days from the entry into force of the decision, the leaders of the institutions mentioned above send to Tirana Municipality the names of the representative members in this commission. The chairman of the commission calls the first meeting within 5 days after sending the names of the members. He calls experts in the field or representatives of other institutions to provide the required opinion and expertise. Every institution or state entity is obliged to submit the required expertise within three days, by giving it in writing or sending experts, according to the request of the commission.
In this decision, the points regarding the call for private interested parties, the qualifying criteria for private interested parties, procedures and negotiation for the development project, etc. are clearly presented.
In particular, in the point on the evaluation criteria for interested private parties, it is stated that the private party that passes the qualifying stage in accordance with the documentation presented according to the provisions of Chapter IV of the decision, is evaluated according to these criteria:
a). Technical criterion (with 70 points)
b). economic criterion (with 30 points)
From these, the components of the technical criterion, with a total of 70 points, are broken down as follows:
a). Project idea for the development of the area (60 points), where the following sub-elements are evaluated:
- Master plan, proposed solution (20% weight);
- Architecture of the National Theater (40% weight);
- Internal organization (weight 40 %).
b) The level (in %) of the enjoyment of property rights, referring to the total area of private property affected by the project (5 points);
c) Construction completion time (5 points).
The components of the economic criterion, with a total of 30 points, refer to the offer for design, construction, furnishing, supervision and approval, and are broken down as follows:
a) theater cost price per m2, according to the cost of the proposed project (10 points);
b) the amount (in %) proposed per m2 of taxable part that will be benefited by the state (20 points).
Each private party is ranked by the commission according to the aforementioned evaluation criteria. The total number of points is 100. According to this decision, the Mayor of Tirana is charged as the contracting authority, who will create the commission for following the procedures for the selection with a special procedure of the consultant for the evaluation, selection, negotiation and conclusion of the contract with the party private.
Through this decision, we understand that the government continues to stand by this project despite the objections from civil society and representatives of the actors.
The reaction of the Alliance for the Protection of the Theater: "We are not afraid"
Immediately after this decision was made public, the Alliance for the Protection of the Theater reacted with a statement to the media. According to this statement, the Alliance has considered this decision as a declaration of final war not only for the public interest and the National Theatre, but also for the Constitution and the rule of law in Albania.
According to the Theater Protection Alliance, the establishment of this commission while the country remains without a Constitutional Court shows the pathological desire of the Rama-Veliaj couple to rob every public asset in this country, especially now that no one can control them.
"And yet we are not afraid! We have been convinced since we started this battle, almost 18 months ago, that one day we would have to face the government physically. Today we are more convinced than ever that we have with us all those citizens who have contributed day by day to the protection of the National Theatre", stated in the statement to the media Alliance.
How did the debate about the National Theater begin?
The debate that has been raised for the demolition of the Theater and the construction of a new one started at the beginning of 2018, where the plan of the new National Theater with 4 towers behind it was presented.
On June 27, 2018, the Council of Ministers proposed the draft law "On the definition of the Special Procedure for the Negotiation and Conjunction of the Contract" with the object "Design and Realization of the Urban Project and the New Building of the National Theater"
In this draft law, it is stated that the Ministry of Culture does not have the funds to carry out this investment. Thus, Tirana Municipality, with a request dated 23.2.2018 to the Ministry of Culture, expresses its interest in developing the area near the National Theater by the company "Fusha" sh.pk. This private entity, in addition to the development of the area, is committed to the construction of the new building. of the National Theatre.
This draft law has been met with strong opposition from citizens and activists who describe it as a damage to public property.
For this has reacted and the European Commission, which through a letter addressed to the Albanian government clarifies that it is important that other actors also participate in the competition, so that the competition is open.
This draft law was approved in the assembly, but returned twice by President Meta with the argument that "it violates the principles of equality before the law and freedom of economic activity for citizens" and "it is not in harmony with the basic constitutional principles of national identity and cultural heritage".
The latest decision published on the official website leaves open the competition of interested private parties, but excludes the possibility of finally giving up on the demolition of the National Theater building.
The civil society and the Alliance for the Protection of the Theater already count a year and three months of resistance in front of the National Theater building, where they gather every evening, building an oasis of public discourse with themes that affect Albania every day.
Citizens Channel / EK
