LAW

No. 8577, date 10.02.2000

 

ON THE ORGANIZATION AND OPERATION OF THE
CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA

Pursuant to Articles 6, 81 and 83, paragraph 1 of the Constitution, and upon the proposal of a group of deputies,

 

THE ASSEMBLY OF THE REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope of the law

  1. This law defines the rules of the organization and operation of the Constitutional Court, the status of the judges, submission and review of the complaints, principles and rules of constitutional review, the reaching of decisions and their enforcement.

  2. In cases concerning procedures not regulated by this law, the Constitutional Court takes into account the provisions that regulate other procedures, taking into consideration the legal character of the case.

Article 2

Function of Constitutional Court

The Constitutional Court is the highest authority that guarantees the implementation of the Constitution and makes its final interpretation.

Article 3

Independence of Constitutional Court

  1. The Constitutional Court is subject only to the Constitution.

  2. The Constitutional Court has full organizational, administrative and financial independence to perform the specific tasks contemplated by the Constitution and this law.

Article 4

Seat of Constitutional Court

The seat of the Constitutional Court is in the Capital of the Republic of Albania, Tirana.

Article 5

Symbols exhibited at the Constitutional Court

  1. The Seal of the Republic of Albania, the National Flag and a view of the Constitution of the Republic of Albania are exhibited at the Constitutional Court hall.

  2. Judges of the Constitutional Court, when in plenary session, wear special gowns, the description and model of which is determined by the Constitutional Court.

Article 6

Financial means

  1. The Constitutional Court administers its own budget, which, as part of the state budget, is drafted by the Court itself and submitted for approval by the Assembly of the Republic of Albania.

  2. Any other income not prohibited by law constitutes financial means.

  3. The accounts of the Constitutional Court are audited by the High State Control.

 

CHAPTER II

ORGANIZATION OF THE CONSTITUTIONAL COURT

Article 7

Composition of Constitutional Court

  1. The Constitutional Court is composed of nine members appointed by the President of the Republic with the consent of the Assembly.

  2. The judges are appointed for nine years, without the right to be reelected, among jurists with high qualifications and work experience of not less than 15 years in the profession.

  3. One-third of the Constitutional Court membership is renewed every three years, pursuant to the procedure set forth in this law.

  4. The President of the Constitutional Court is appointed, from among its ranks, by the President of the Republic with the consent of the Assembly, for a three-year term.

Article 8

Commencement of term

  1. A judge of the Constitutional Court begins his duty after taking an oath before the President of the Republic.

  2. The oath is the following: "I swear that in the exercise of my duties I will always remain faithful to the Constitution of the Republic of Albania."

  3. The mandate of a Constitutional Court judge begins on the day of the oath and terminates on the same date of the same month, unless otherwise provided in the Constitution.

  4. A Constitutional Court judge continues to serve until a successor is appointed.

 

Article 9

Termination of mandate

  1. The mandate of a Constitutional Court judge ends if a judge:

    2. a) is sentenced by a final court decision for the commission of a crime;

    b) fails to appear for duty without reason for more than 6 months;

    c) reaches 70 years of age;

    ç) resigns;

    d) is found incompetent to act by a final court decision.

  2. The termination of the mandate of a judge is declared by decision of the Constitutional Court. The request to declare the termination of the mandate of a judge is made by the President of the Constitutional Court.

  3. If the seat of a judge is vacant, the President of the Republic, with the consent of the Assembly, appoints within one month a new judge, who remains on duty until the end of the mandate of the departed judge.

Article 10

Removal of a Constitutional Court judge

  1. A Constitutional Court judge can be removed from office by the Assembly by two-thirds of its members for violation of the Constitution, commission of a crime, mental or physical incapacity, or acts and behavior that seriously discredit judicial integrity and reputation. The Assembly’s decision is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares the removal from duty of the Constitutional Court member.

  2. The procedure in the Assembly for removing a Constitutional Court judge for one of the reasons contemplated in item 1 of this article starts upon a reasoned request [made] by not less than half of all members of the Assembly.

 

Article 11

Management of Constitutional Court

The activity of the Constitutional Court is supervised and organized by its President or, in his absence, by one of the judges designated by the President, unless this law delegates [such authority] to the Meeting of Judges.

Article 12

Powers of the President

The President of the Constitutional Court has the following powers:

  1. prepares, summons and chairs the plenary sessions of the Constitutional Court;

  2. represents the Constitutional Court in relations with third parties;

  3. coordinates the work of the judges;

    4. ç) signs the acts of Constitutional Court, except for decisions that are signed by all the judges;

  4. appoints, disciplines and dismisses the administrative personnel.

    5. Article 13

    Powers of the Meeting of Judges

    The Meeting of the Judges of the Constitutional Court has the following powers:

    a) defines the main directions for the expenditure of budgetary means;

  5. receives biannual reports on budgetary spending;
  6. establishes the organizational structure of the Constitutional Court;

    7. ç) establishes the size of personnel and their salaries;

  7. approves internal by-laws for the activity of the Constitutional Court Administration.

Article 14

Civil Servants

  1. The highest civil servant of the Constitutional Court is the Secretary General.

  2. Other services necessary for the operation of the Constitutional Court are conducted by other employees and staff.

  3. The Secretary General is appointed by the Meeting of the [Constitutional Court] Judges from among experienced jurists.

  4. The Secretary General conducts the administrative activity of the Constitutional Court, under the authority of its President.

  5. The rights and duties of the Secretary General, and those of the other employees and staff, are set forth in this law and the internal by-laws.

  6. The members of the administrative staff of the Constitutional Court are subject to the rules of civil service and are financially treated like the employees of the administration of the Assembly of the Republic.

Article 15

Security

  1. To preserve its security, the Constitutional Court is entitled to have police at its service.

  2. The number and duties of the police are approved by the Minister of Public Order at the proposal of the President of the Constitutional Court.

 

CHAPTER III

STATUS OF A CONSTITUTIONAL COURT JUDGE

Article 16

Immunity

  1. The Constitutional Court judges enjoy inviolability in the exercise of their activities. The judges of the Constitutional Court may not be held legally responsible for opinions given and votes cast concerning cases under consideration.

  2. A judge of the Constitutional Court cannot be criminally prosecuted without the consent of the Constitutional Court. A judge of the Constitutional Court can be detained or arrested only if apprehended while committing a crime or immediately after its commission. The competent organ notifies the Constitutional Court immediately. If the Constitutional Court does not give its consent within 24 hours to bring the arrested judge to court, the competent organ is obliged to release him.

  3. The decision of the Constitutional Court is taken by a majority of votes and must be reasoned. The judge for whom the consent [to prosecute] is required is heard but does not participate in the voting.

Article 17

Salary

  1. The salary of a Constitutional Court judge is equal to that of the President of the High Court.

  2. The salary of the President of the Constitutional Court is 20 per cent higher than the salary of a Constitutional Court judge.

  3. The salary and other benefits of Constitutional Court judges cannot be lowered or adversely affected.

Article 18

Rights and Duties of Constitutional Court Judges

  1. Constitutional Court judges:

  1. enjoy special [physical] protection for themselves, their families and property, when so requested by them, due to serious security circumstances or when deemed necessary. The authorities responsible for the protection of the high dignitaries must comply with all such requests;

  2. are entitled to paid annual leave of 40 days. The annual leave is taken during the months of August and September;

c) receive free copies of the Official journal, and other legal newspapers and publications;

ç) are entitled to the same rights enjoyed by the deputies, as set forth in article 16, items 1, 19, 20, 23, and 26 of Law no. 8550, date 18.11.1999, "On the Status of Deputies."

  1. A judge's term in office cannot be reduced, except as provided by the Constitution and this law.

  2. At the end of his term, except when removed from office following the procedures provided by this law, a Constitutional Court judge is appointed to an equal or similar position, and is entitled to transitory [severance] payment and/or a supplementary pension, as provided by law.

Article 19

Protocol Relations

  1. The President of the Constitutional Court and the judges have a special protocol status.

  2. In protocol relations, the President of the Constitutional Court follows immediately the Prime Minister, while the judges receive treatment equal to that of ministers.

  3. The Constitutional Court judges are invited to participate in official delegations, ceremonies, receptions and cultural, social and sport activities pursuant to the protocol set forth in this article.

CHAPTER IV

PRINCIPLES OF CONSTITUTIONAL REVIEW

Article 20

Collective Adjudication

The Constitutional Court adjudicates cases collectively. Decisions are taken only by the judges who participate in the hearing.

Article 21

Public hearings

  1. Hearings of the Constitutional Court in plenary session are open.

  2. The Constitutional Court may exclude the public from a plenary session, or a part of it, for reasons concerning the protection of public morality, public order, national security, and privacy or individual rights.

Article 22

Use of Albanian language

  1. Hearings are conducted in Albanian.

  2. Parties who do not speak Albanian can use their own language. They are assisted during the hearing by an interpreter provided, as a rule, by the Constitutional Court.

Article 23

Oral Hearings

Plenary sessions are conducted orally or on the basis of documents, as it is deemed appropriate to the nature of the case.

Article 24

Representation in Constitutional Adjudication

The parties to a constitutional adjudication may represent themselves or through counsel, as set forth in this law.

Article 25

Impartiality of Constitutional Adjudication

  1. A Constitutional Court judge shall try cases with impartiality and, in performing the duty, is subject only to the Constitution and this law.

  2. In his activity, a Constitutional Court judge participates in his personal capacity and does not represent any state authority, social organization, political party or association, or ethnic or social group.

Article 26

Publication of final decisions

  1. Decisions of the Constitutional Court are final. They are published in the Official Journal and become effective on the day of publication. If the decision involves the protection of constitutional rights of individuals, the Court may decide to make it effective from the day of notification.

  2. The publisher of the Official Journal is obliged to publish the decisions of the Constitutional Court no later than 15 days from the day they are sent to the publisher.

  3. The Constitutional Court prepares every year a compilation of its decisions.

 

CHAPTER V

FILING AND PRELIMINARY REVIEW OF COMPLAINTS

Article 27

Docketing of Complaints

  1. Complaints addressed to the Constitutional Court are docketed in a special register kept by the Chief Secretary of the Constitutional Court.

  2. Complaints are submitted to the President of the Constitutional Court, who designates a rapporteur to prepare the case for preliminary review.

Article 28

Form of Complaint

  1. Complaints addressed to the Constitutional Court must be submitted in written, in Albanian, must be clear and legible and include [the following]:

  1. the name of the court before which it is filed;
  2. the name, residence and domicile of the complainant;
  3. the name, residence and domicile of interested parties;

    4. ç) the subject of the complaint;

  4. the content of the complaint and its supporting arguments;

    5. dh) the list of enclosed documents and other evidentiary matter;

  5. the signature of the complainant.
  1. The parties to the dispute receive notification of the complaint.

Article 29

Documents attached to the complaint
  1. As the case may be, the following documents are attached to the complaint:
  1. power of attorney, if the complaint is filed by a counsel;
  2. copies of the act that constitutes the subject of the complaint;
  3. authentic or notarized documents relevant in the case at issue.

  1. The acts and documents are filed in as many copies as the number of parties to the dispute in order for the latter to receive notification.

Article 30

Time limits for filing complaints

  1. Complaints filed with the Constitutional Court are subject to the rules established in this law on time limits.

  2. Individual complaints concerning violation of constitutional rights shall be filed no later than two years from the finding of a violation. If the law provides that the individual may address another authority, the individual may file a complaint with the Constitutional Court only after all legal means for the protection of his rights have been exhausted. In that case, the time limit for filing a complaint shall be two years from the date that authority reached a decision.

Article 31

Preliminary review of complaints

  1. A complaint is heard preliminarily by a panel of three Constitutional Court judges, including the judge rapporteur.

  2. If a complaint, despite being under the jurisdiction of the Constitutional Court and submitted by a person who has standing to bring it, is not complete, the panel sends it back to the complainant for completion, indicating the reasons for doing so and a deadline for its completion. When the complaint is completed, it is resubmitted for preliminary review by the panel. An incomplete complaint may not be subject to review.

  3. If a complaint is filed by a claimant who has standing and the case falls under the jurisdiction of the Constitutional Court, the panel shall review the case in plenary session, whereas, if filed by a person without standing or if the case is not under jurisdiction of the Constitutional Court, the panel shall not review the case in a plenary session. In all cases, if one of the judges of the panel has a different opinion, the complaint shall be sent for preliminary review by the Meeting of Judges, which shall decide by a majority of votes whether the case shall be heard in plenary session.

  4. In all the aforementioned cases, the panel or the Meeting of Judges shall not review the merits of the case.

  5. For all complaints, pleas and all other correspondence that does not contain the elements of the complaint, in the meaning of article 28 of this law, administrative action is taken.

 

CHAPTER VI

OPERATION OF THE CONSTITUTIONAL COURT

Article 32

Plenary session hearings
  1. The Constitutional Court hears cases in plenary session.

  2. All Constitutional Court judges participate in plenary session, and in no case less than two-thirds of them.

Article 33

Convocation and chairing of plenary sessions

  1. The President of the Constitutional Court convenes and chairs the plenary sessions of the Constitutional Court.

  2. Upon approval of the President of the Constitutional Court, the plenary session may be convened and chaired by one of the judges.

Article 34

Rights of a judge in constitutional adjudication

A Constitutional Court judge has the right to:

  1. sit in hearings of all cases, unless expressly prevented by law;

  2. receive all materials of the case at issue;

  3. during the hearing, make questions and ask explanations from the parties to the dispute, as well as by the persons called as witnesses or experts;

ç) participate in the final decision-making and freely express his opinion on the final resolution of the case under review.

Article 35

Duties of a judge in constitutional adjudication

A Constitutional Court judge must:

  1. prepare the case for hearing, and take the necessary measures for the development of the plenary session;

  2. vote [to resolve] the case;

  3. maintain the confidentiality of the debates and the voting.

Article 36

Recusal from review of the case

  1. A Constitutional Court judge shall recuse himself from hearing a specific case if:

  1. he has participated in the drafting of the act that constitutes the subject of the trial;

  2. his objectivity is questionable due to kin relations or other relations to the parties to the dispute;

  3. in all other cases where serious reasons for partiality are found.

  1. The recusal is subject to approval by the President of the Constitutional Court, if the case has not been forwarded to the plenary session. After that, the recusal is decided by a majority of votes of the judges present in the proceedings.

Article 37

Disqualification of a Judge

  1. The parties to dispute are entitled to request the disqualification of a judge at any stage of a proceeding if one of the cases defined in article 36 of this law exists and the judge fails to recuse himself from hearing that case.

  2. A majority of the judges hearing the case decides on the disqualification of a judge. The judge whose disqualification is requested, after being heard, does not participate in the voting. If the votes are equally divided, the judge is disqualified.

Article 38

Notification and participation in plenary session

  1. The complainant and the interested parties, or their representatives, shall be notified of the date and time of a plenary session.

  2. The Chief Secretary of the Constitutional Court shall send the notification at least ten days prior to the plenary session.

  3. The notification shall be made by way of an official document, postal subpoena and, if necessary, by telegram or fax, and shall be delivered to the parties or other adult members of their family. If the residence of one of the participants in a constitutional hearing is unknown or when he permanently resides abroad, the notification shall be made by means of an announcement exhibited at the Constitutional Court at least one month before the plenary session.

  4. The complainant, interested subjects, their representatives and witnesses or experts shall participate in the plenary session.

  5. The failure to notify [the parties] causes the postponement of a plenary session, and another date is established for it to take place.

  6. If a complainant, an interested party or their representatives, albeit notified, fail to appear in a plenary session without reasonable cause, the plenary session shall be conducted in absentia.

Article 39

Parties to a dispute

  1. The parties in constitutional adjudication are:

  1. the person who filed the complaint or his representative;

  2. the persons against whom the complaint is filed or who have a direct interest in the issue;

  3. the authority that issued the act;

ç) the state authorities that dispute the jurisdiction [of the Constitutional Court?].

  1. When the parties to a dispute are state authorities, they are represented by their senior officials or, in their absence, by persons who are authorized to do so in writing.

  2. Representatives of the parties to a dispute may be their lawyers, vested by power of attorney or nominated in plenary session.

  3. The National Chamber of Advocates drafts a list of advocates eligible to defend cases before the Constitutional Court.

Article 40

Nomination of experts

  1. The Constitutional Court, at the request of the parties or on its own motion, may nominate as experts persons who possess special expertise in a field of science, technology or art to ascertain and clarify facts relevant to the issue.

  2. An expert issues an opinion in writing, and may be heard in plenary session.

Article 41

Witnesses

When it is deemed essential for the clarification of the evidence relevant to the case under review, at the request of the parties or on its own motion, the Court may order individuals to appear in a plenary session as witnesses.

Article 42

Requests for documents

  1. When it is deemed essential, the Constitutional Court, at the request of the parties or on its own motion, may request documents related to the case under review.

  2. The requested documents are administered in plenary session.

Article 43

Plenary Session

A plenary session hearing is conducted in the following order:

  1. The plenary session is declared opened by the presiding judge;

  2. The appearance of the parties is verified;

  3. The standing of the parties or their representatives is verified;

    4. ç) The preliminary complaints of the parties are reviewed and decided by the court;

  4. The judge rapporteur reads the complaint;

    5. dh) The parties, starting with the complainant, are invited to present their claims and counter-arguments;

  5. The parties provide explanations and clarifications on judges’ questions;

    6. ë) The evidence is administered and the parties are invited to present their opinions on their content;

  6. The parties are invited to present their final arguments;

  7. The presiding judge declares the plenary session closed and the panel withdraws to reach a decision.

Article 44

Reopening the plenary session

  1. A plenary session is reopened when, following its closure, the clarification of additional circumstances of great importance to the issue is deemed essential.

  2. A decision to reopen a plenary session shall be taken by a majority of the judges present in the plenary session.

  3. A decision to reopen a plenary session shall be notified to the parties, which are entitled to participate and discuss if they deem it to be on their interest.

Article 45

Power of suspension

  1. If the Constitutional Court, at the request of the parties or in its own motion, considers that the implementation of the [challenged] act may have consequences that adversely affect state, social or individual interests, by decision of the Meeting of Judges or in a plenary session, shall order the suspension of the [challenged] law or act. The suspension shall remain in effect until the final ruling of the Constitutional Court becomes effective.

  2. A suspending decision shall be notified to the competent authority that issued the law or act, and shall be published.

  3. The Constitutional Court, at every stage of the review, may terminate the suspension through a ruling in plenary session.

  4. In its final ruling, the Constitutional Court shall state whether a suspension order shall remain in force.

Article 46

Minutes of the plenary session

Minutes shall be kept in plenary sessions of the Constitutional Court, which shall be signed by the presiding judge of the session and the secretary at the end of that session.

Article 47

Deadline for commencement of review

The review of cases by the Constitutional Court shall commence no later than 2 months from the date of the filing of a request [complaint].

Article 48

Limits on review

  1. The review of a case shall be limited to the object of the complaint and the reasons presented therein.

  2. Exceptionally, if there is a connection between the object of a request and other normative acts, the Constitutional Court decides all the issues.

 

 

CHAPTER VII

SPECIAL PROCEDURES

PROCEDURES FOR REVIEWING THE COMPATIBILITY OF LAWS
AND OTHER NORMATIVE ACTS WITH THE CONSTITUTION
AND INTERNATIONAL AGREEMENTS

Article 49

  1. For the review of the compatibility of a law or other normative act with the Constitution or an international agreement, the Constitutional Court is set in motion by a request of the President of the Republic, the Prime Minister, no less than one-fifth of the deputies of the Assembly, or the President of the High State Control.

  2. This right is also granted to the People’s Advocate [Ombudsperson], organs of local administration, municipal organs, religious communities, political parties, as well as other organizations only if they argue that the issue is related to their interests.

Article 50

Requests to the Constitutional Court for the review of the compatibility of a law or other normative act with the Constitution or with international agreements may be submitted within three years from their effective date.

Article 51

During the review of the requests provided for in articles 59 and 50 of this law, the Constitutional Court observes:

  1. the content of laws and normative acts;
  2. the form of the laws and normative acts;
  3. the procedure of their approval, promulgation and entry into force.

 

PROCEDURES ON INCOMPATIBILITY OF INTERNATIONAL AGREEMENTS WITH THE CONSTITUTION

Article 52

  1. The Constitutional Court reviews the incompatibility of international agreements with the Constitution before their ratification.

  2. The Constitutional Court is set in motion for the review of these cases only pursuant to a request from the persons provided for in article 134, items (a), (b), (c) and (ç) of the Constitution, or from the persons provided for in items (dh), (e), (ë) and (f) of the Constitution for issues related to their interests.

  3. If the issue is before a plenary session [of the Court], the procedure for the ratification of the agreement is suspended.

  4. If the Constitutional decides that an international agreement is incompatible with the Constitution, it cannot be ratified.

Article 53

  1. International agreements ratified before the effective date of the Constitution, and incompatible with it can be submitted to the Constitutional Court only by the Council of Ministers.

  2. In case the Constitutional Court finds that an international agreement ratified by law includes provisions that are in violation of the Constitution, it shall repeal the act of ratification.

 

PROCEDURES PERTAINING TO CONFLICTS OF COMPETENCIES

Article 54

  1. Pursuant to article 131, item (ç) of the Constitution, the Constitutional Court reviews conflicts of competencies among the branches, as well as between the central government and local governments, when the conflict is directly related to the exercise of their activities.

  2. The Constitutional Court reviews such conflicts when the relevant parties have considered themselves competent to decide on concrete cases and on occasion have issued acts for their regulation or when the parties have considered themselves competent to rule on a particular case.

  3. The request to the Constitutional Court is made by the parties in conflict or by persons that are directly affected by the conflict.

  4. Any statutory or sub-statutory act, action or failure to act of the organs of the branches or of the local government organs that are in conflict among themselves constitute a basis for reviewing such cases.

Article 55

The request for the review of such conflicts must be submitted within six months from the date the conflict has arisen.

Article 56

  1. The Constitutional Court decides which organ is competent for the resolution of the concrete issue that is the object of the dispute.

  2. When the resolution of the conflict of competence is related to statutory or sub-statutory acts issued by the organs that are parties to the conflict, the Constitutional Court reviews the constitutionality or legality of the act for the resolution of the dispute.

 

PROCEDURE FOR THE REVIEW OF CONSTITUTIONALITY OF POLITICAL PARTIES AND OTHER POLITICAL ORGANIZATIONS

Article 57

  1. For the review of the constitutionality of political parties and other political organizations, as well as of their activities, the Constitutional Court is set in motion at the request of the President of the Republic, the Prime Minister, or no less than one-fifth of the deputies.

  2. A request may be submitted to the Constitutional Court at any time.

Article 58

The Constitutional Court reviews and decides:

  1. whether the political party or organization has been created in accordance with the constitutional provisions;

  2. whether the activity of the political party or organization is in accordance with the Constitution.

Article 59

When the Constitutional Court finds that there is evidence that the subsequent activity of a political party or organization might violate the constitutional order of the state or the public interest, [it] may decide, by special decision of the Meeting of the Judges or in plenary session, and on a case by case basis, to suspend the activity of a political party of organization until a final decision is reached.

Article 60

  1. If the Constitutional Court reaches the conclusion that the creation of a political party or organization is in violation of the Constitution, it shall repeal its constitutive act.

  2. If the Constitutional Court reaches the conclusion that the activity of a political party or organization is in violation of the Constitution, it shall decide, on a case by case basis, the suspension of its activity or order its de-registration.

 

PROCEDURES FOR THE DISCHARGE

OF THE PRESIDENT OF THE REPUBLIC AND THE VERIFICATION OF
HIS INCAPABILITY TO EXERCISE HIS FUNCTIONS

Article 61

  1. For the declaration of the removal from office of the President of the Republic, the Constitutional Court is set in motion by a decision of the Assembly for his removal from office.

  2. The decision of the Assembly must include a reasoned description of the serious violation of the Constitution or the serious crime [committed by the President], as well as the supporting evidence.

  3. The Constitutional Court shall send to the President of the Republic a copy of the decision of the Assembly and the supporting evidence, and he shall be entitled to give explanations in written.

Article 62

  1. The Constitutional Court shall decide by a majority vote of its members whether to submit the case to a plenary session.

  2. The President of the Republic or his representative has the right to attend the plenary session.

Article 63

  1. If the Constitutional Court reaches the conclusion that the President of the Republic has seriously violated the Constitution or has committed a serious crime, it shall declare his removal from office. Otherwise, the Constitutional Court shall repeal the decision of the Assembly.

  2. The rules set forth in article 61, items 1, 2 and 3, shall be applicable to the final verification of the fact of the incapability of the President of the Republic to exercise the duty. In this case, the Constitutional Court decides the verification of the fact of the incapability to exercise the duty or abrogates the decision of the Assembly, if it is not reasoned.

 

ELECTION AND INCOMPATIBILITIES WITH THE FUNCTIONS
OF THE PRESIDENT OF THE REPUBLIC

Article 64

  1. In cases related to the election of the President of the Republic and to incompatibilities with the exercise of his functions, the Constitutional Court is set in motion at the request of no less than one-fifth of deputies or political parties.

  2. In the case of election, the Constitutional Court decides to repeal the decision of the Assembly of the Republic of Albania or to reject the request.

  3. In the case of incompatibility with the exercise of the duty, the Constitutional Court decides to declare the incompatibility with the exercise of the functions of the President of the Republic, or reject the request.

Article 65

If the President of the Republic resigns, or his term in office is over, while the issue of his removal from office is being reviewed by the Constitutional Court, the Constitutional Court shall terminate the proceedings. The Constitutional Court shall restart the proceedings if the Assembly or the President so request.

PROCEDURE FOR THE REVIEW OF THE ELECTION
AND INCOMPATIBILITIES WITH THE FUNCTION OF DEPUTY

Article 66

  1. For the review of the election of deputies, the Constitutional Court is set in motion at the request of the President of the Republic, or the Assembly of the Republic of Albania.

  2. The Constitutional Court verifies the election of deputies at the request of a political party or an independent candidate for deputy in application of the legal provisions on general elections.

  3. An incompatibility request can be submitted to the Constitutional Court from the Assembly if the mandate of the deputy has not terminated, while a request for the review of the election of deputies must be submitted within 6 months from the date when the fact of the lack of the right to be elected has become known.

Article 67

  1. In cases when the Constitutional Court verifies the election of deputies, it decides, on a case-by-case basis, to reject the request or to repeal the act of the Central Election Commission.

  2. At the end of the review of the election or incompatibilities of a deputy, the Constitutional Court sends its decision to the Assembly.

 

PROCEDURES FOR THE REVIEW OF THE CONSTITUTIONALITY

OF LAWS REQUESTED BY THE COURTS

Article 68

  1. If a court [panel of judges] or a [single] judge finds, at any stage during a judicial process, on its own motion or at the request of the parties, that a law is unconstitutional, and that there is a direct relationship between the law and the resolution of a specific case, [he or it] shall refuse to further review [the case] and shall forward the materials to the Constitutional Court, which shall decide on the constitutionality of the law.

  2. In its decision, the court or the judge shall specify the provisions of the law that they find incompatible with a specific constitutional provision or principle, as well as those whose abrogation is requested.

Article 69

  1. If the Constitutional Court finds that the case is not complete or inconsistent with article 68 of this law, it shall remand it to the original court. The latter court shall submit the required materials within one month from the date of notification.

  2. If the materials of the file are complete and in accordance with article 68, the Constitutional Court shall set the date of the session for the review of the case, and shall notify the court and interested parties.

Article 70

  1. During the review of cases contemplated in articles 68 and 69 of this law and pertaining to the constitutionality of a specific law, the Constitutional Court shall announce the fact that the case is under review.

  2. Upon review of the case, the materials [of the case] and the decision of the Constitutional Court shall be sent to the trial court.

  3. If the Constitutional Court repeals the law as unconstitutional, it shall inform the Assembly and the Council of Ministers of its decision.

Article 71

  1. The Constitutional Court, pursuant to paragraph 1 of Article 124 of the Constitution, makes its final interpretation.

  2. A request for interpretation of the Constitution may be submitted by the parties contemplated in items (a), (b), (c), and (ç) of paragraph 1 of article 134 of the Constitution, and by the parties contemplated in items (dh), (e), (ë) and (f) for issues related to their interests.

  3. Such requests must state which provision or part of it is to be interpreted.

  4. An entity that has allegedly interpreted the Constitution erroneously shall be a party to the case.

  5. Such requests shall be reviewed at a plenary session by reviewing [only] the [submitted] documents.

 

CHAPTER VIII

DECISIONS OF THE CONSTITUTIONAL COURT

Article 72

Issuance of decision and publication

  1. Discussions and voting on a decision are conducted without the presence of other persons.

  2. Decisions of the Constitutional Court are taken by a majority of votes of all of its judges. Abstention is not permitted.

  3. All judges present during the review of the case sign the decision.

  4. The parties to the process are notified of [the date] of the promulgation of the decision. Their absence does not hinder its promulgation.

  5. Decisions are issued "In the Name of the Republic of Albania".

  6. A decision of the Constitutional Court is promulgated with reasons and is read out by the presiding judge of the session or by another judge appointed by him.

  7. A decision of the Constitutional Court has general binding authority and is final.

  8. A dissenting judge has the right to reason his opinion, which is attached to, and published together with, the decision.

  9. A copy of the decision may be given to the participants in the process at their request, and upon payment of a fixed fee.

Article 73

  1. If one of the judges that have participated in the review of a case is absent during the discussions or the vote, the Meeting of Judges does not take place and is adjourned for another date.

  2. If, afterwards, the participation of the judge cannot be ensured within a reasonable period of time, the Court issues the final decision if an absolute majority of members is present.

  3. In case there is no such majority and there is a possibility to involve other judges in the case who have not been previously involved, the session is re-opened and the review of the case starts de novo.

Article 74

Rejection of requests

If, after the voting, the votes are distributed equally or in such a manner that no outcome of the case can be voted by the required majority, the Constitutional Court shall reject the request. The rejection does not bar the requester from re-submitting the request if the conditions for the formation of the required majority are created.

Article 75

Prohibition on altering the decision

After the vote, the decision of the Constitutional Court is deemed to have been promulgated, and cannot be altered.

Article 76

Legal effects of Constitutional Court decisions

  1. A decision of the Constitutional Court that has repealed a law or normative act as incompatible with the Constitution or with an international agreement, as a rule, brings legal effects from the date it enters into force.

  2. The decision has retroactive effects only [in the following cases]:

  1. for a criminal sentence during the time it is under execution, if it is directly connected to the application of the abrogated law or normative act;

  2. for cases under review by a court of law, unless its decision is not final;

  3. for consequences that are not provided by the abrogated law or normative act.

Article 77

Legal effects of court decisions

Decisions of courts of every instance that are dismissed by the Constitutional Court shall cease having legal authority from the moment a decision on them is reached [by the Constitutional Court].

 

 

 

Article 78

Notification of decision

If a law or normative act is repealed and the new relationship requires legal regulation, the decision of the Constitutional Court is notified to the respective organs responsible for taking the measures provided for in the decision.

Article 79

Interpretative decisions

A decision of the Constitutional Court that makes an interpretation of the Constitution has retroactive effects.

Article 80

Interpretation and completion of decisions

  1. The Constitutional Court cannot annul or alter its decisions, but it has the right:

  1. to interpret the decisions in case of doubt or disagreement on its meaning, without altering in any case its content;

  2. to complete the decision or correct spelling errors, numerical errors or any obvious errors within two months from the date of the promulgation of the decision.

  1. The cases above are reviewed in plenary session, with the participation of the parties.

Article 81

Enforcement of decisions

  1. Decisions of the Constitutional Court are obligatorily enforced.

  2. The enforcement of the decisions of the Constitutional Court is ensured by the Council of Ministers through the respective organs of the state administration.

  3. The Constitutional Court may, if necessary, direct another organ to enforce its decisions, and [determine] the method of enforcement.

  4. Persons who fail to enforce the decisions of the Constitutional Court, or obstruct their enforcement, if their actions do not constitute a criminal offence, shall be fined up to 100,000 lek by the President of the Constitutional Court, whose decision shall be final and shall constitute an executive title.

 

CHAPTER IX

Article 82

Termination of mandate and renewal

  1. The mandate of the judges of the Constitutional Court appointed in 1992 shall terminate in 2001.

  2. The replacing judges appointed according to Law no. 7491, dated 29.04.1991, "On the Main Constitutional Provisions", as amended, shall remain in duty until 12 years [have lapsed] from the date of their appointment.

  3. The renewal of the Constitutional Court after 2001 shall be conducted based on the termination of the mandate of each judge.

Article 83

Exemption from taxes and regulation of services and expenses

  1. Procedures at the Constitutional Court are exempted from taxes.

  2. The Constitutional Court shall decide on the services [offered by the Court], and the expenses [incurred by the parties] in the adjudication of a case.

Article 84

Obligation to provide documents

Every state organ and physical or legal person shall provide to the Constitutional Court documents, data and information if those are requested and deemed necessary for reviewing the case.

Article 85

Obligation to publish notifications

State information organs shall make public notifications of the Constitutional Court on issues related to its activity.

Article 86

Implementation of the new law

The provisions of this law shall apply to requests and cases under review on the effective date of this law.

Article 87

Abrogations

Upon entry into force of this law, Law no. 8373, date 15.7.1998, "On the Organization and Operation of the Constitutional Court of the Republic of Albania" shall be repealed.

Article 88

This law shall become effective 15 days after its publication in the Official Journal.


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