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The democratic
processes that took place at the beginning of ’90-s marked out the
decisive change in the history of the Albanian State and of its
institutions. In the framework of all these changes it has also
been established the Constitutional Court, as one of the most
important institutions to uphold the new constitutional order in
Albania. According to this constitutional base, the Constitutional
Court was composed of 9 members; 5 were appointed by the Assembly,
and 4 by the President of the Republic. The President of the
Constitutional Court would be elected through secret vote by the
judges themselves. The abovementioned law defined even the status
of the constitutional judges, the competencies and attributes, the
subjects that may put the Constitutional Court into motion and the
binding force of its decisions. The members of the Constitutional
Court have been: Rustem Gjata (President of the Court
1992-1998), Manol Konomi, Feti Gjilani, Hilmi Dakli, Franc Jakova,
Veli Budo, Thimjo Kondi, Natasha Sheshi, Ylvi Myrtja, Halil Kopani,
Metush Saraçi, Hajredin Fuga, Bardha Selenica, Sabri Rrapi, Tefta
Zaka. The present members are: Fehmi Abdiu (President since 1998),
Zija Vuci, Gjergj Sauli, Alfred Karamuço, Kristofor Peçi, Kujtim
Puto, Sokol Sadushi, Petrit Plloçi.
There have been
polemics as to the issues concerning the renewal of the membership
of the Constitutional Court. The sources of these polemics have
been the different interpretations of the provisions of the
constitutional law that regulated the functioning of this
institution. Nevertheless, the new constitutional and legal
regulation avoided the misunderstandings related to this issue.
The renewal of the Constitutional Court takes place on regular
basis every three years. The constitutional Law nr.7561, dated
29.04.1992 “On some amendments and additions to the law nr.7491,
dated 29.04.1991 “On the main constitutional provisions””, which
set up the Constitutional Court, required the issuance of some
other acts in order to regulate its activity. On 15.07.1998, the
Assembly adopted the law nr.8373 “On the organisation and
functioning of the Constitutional Court of the Republic of
Albania”, which established a legal base for issues regarding the
activity of the Constitutional Court. The Constitution of Albania
entered into force on 28.11.1998 and the Constitutional Court
obtained again a very important institutional position. Also, it
brought about changes concerning the appointment of constitutional
judges, the competencies and the subjects that may put the
Constitutional Court into motion. The judges are appointed by the
President of the Republic upon the consent of the Assembly. The
President is appointed by the President of the Republic upon the
consent of the Assembly for a 3 – year term of office, with the
right to be reelected.
The new
Constitution requested the issuance of the respective legal acts
for its implementation. Consequently, on 10.02.2000, the Assembly
adopted the law nr.8577 “On the organisation and functioning of
the Constitutional Court of the Republic of Albania”, which has
been laid down with the support of the Commission of Venice
“Democracy through Law”. This law has regulated issues such as the
submission of the applications, the preliminary review, the
adjudicating procedures, the status and terms of office of the
judges of Constitutional Court. Putting all together, we can say
that the activity of the Constitutional Court can be divided into
two periods: the first period includes the time during
which it has functioned according to the law nr.7491, dated
29.04.1991 “On the main constitutional provisions”; and the
second period, which includes the period after the entering
into force of the new Constitution and the law on the
Constitutional Court. Since its establishment, the Constitutional
Court has delivered decisions of different characters being
expressed about the constitutionality or unconstitutionality of
the legal acts or normative acts of local and central government
bodies, making the interpretation of the Constitution and
respecting the constitutional principles of due process of law.
One of the most important decisions of the Constitutional Court
(V-65/99) has declared the death penalty provided by the Criminal
Code as incompatible with the Constitution. Since the time of its
establishment, the Constitutional Court caseload has been
noticeably increased.
Total number of adjudicated cases in 1992
12
Total number of adjudicated cases in
1993 13
Total number of adjudicated cases in 1994
11
Total number of adjudicated cases in
1995 16
Total number of adjudicated cases in
1996 46
Total number of adjudicated cases in
1997 62
Total number of adjudicated cases in
1998 79
Total number of adjudicated cases in
1999 67
Total number of adjudicated cases in
2000 96
Total number of adjudicated cases in
2001 213
Total number of adjudicated cases in
2002 237
Total number of adjudicated cases in 2003
39
Total number of adjudicated cases in
2004
20
Total number of adjudicated cases in 2005
41
Total number of adjudicated cases in
2006
30
Total number of adjudicated cases in 2007
39
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