LAW Nr. 8577, date 10.02.2000

“On the organization and functioning of the Constitutional Court of the Republic of Albania”

Based on Article 6 and 81, paragraph 1 and 2, Article 83, paragraph 1 of the Constitution of Albania and upon the proposal of a group of members of the Assembly,

THE ASSEMBLY

OF

THE REPUBLIC OF ALBANIA

DECIDED:

Chapter I

General Provisions
 

Article 1

Aim of the Law

1.      This Law provides rules on the organization and functioning of the

Constitutional Court, status of its members, presentation and review of the applications, principles and regulations of constitutional adjudication, decision taking and their execution.

2.      Regarding the cases which procedures are not provided by this law, the

Constitutional Court respects legal provisions, which regulate other procedures, taking into consideration the legal nature of the case.

Article 2

Functioning of the Constitutional Court

The Constitutional Court is the highest authority, which guarantees the respecting of the Constitution and provides its final interpretation.

Article 3

Independence of the Constitutional Court

1.      The Constitutional Court is dependent only on the Constitution.

2.      The Constitutional Court enjoys complete organizational, administrational and

financial independence in fulfilling the tasks provided by the Constitution and this Law.

Article 4

Location of the Constitutional Court

The Constitutional court id located in Tirana, the capital city of the Republic of Albania.

Article 5

Symbols used at the Constitutional Court

1.      The logo of the Republic, the National flag and a view of the cover of the

Constitution of Albania are placed at the courtroom of the Constitutional Court.

2. During plenary sessions, the judge of the Constitutional Court wears a special

robe as defined by the Court, itself.     

Article 6

Financial means

1.      The Constitutional court administers its own budget, which as part of the state

budget is drafted by the Court and presented for approval to the Assembly of the Republic of Albania.

2. Any other income not prohibited by law is included at the financial means.

3.      The High State Audit does the audit of the Constitutional Court.

Chapter II

Organization of the Constitutional Court

Article 7

Composition of the Constitutional Court

1. The Constitutional Court is composed of 9 (nine) members, who are appointed

by the President of the Republic upon the consent of the Assembly.

2.The judges are appointed for a tenure of 9 (nine) years, without the right of   reappointment and are selected from the ranks of high qualified jurists with professional experience of no less than 15 years.

3.The composition of the Constitutional Court is renewed to its 1\3 every three

years respecting the procedure provided in this Law.

4.The President of the Constitutional Court is nominated from the ranks of its

members by the President of the Republic upon the consent of the Assembly for tenure of 3 (three) years enjoying the right of reappointment within the tenure of the judge. 

Article 8

Start of tenure

1.The tenure of the judge of the Constitutional Court starts after his\her

swearing in to the President of the Republic of Albania.

2.The oath wording is: “I solemnly swear to be always loyal to the Constitution

of the Republic of Albania in fulfilling my duties”.

3.The tenure of the judge of the Constitutional Court starts on the day of his\her

swearing in and terminates on the same date of that month, unless otherwise provided by the Constitution.

4.The judge of the Constitutional Court sits in his\her seat until the appointment

of his\her successor.

Article 9

Termination of tenure

1.      The tenure of the judge of the Constitutional court terminates when:

a.       sentenced by a final decision for a committed crime,

b.      is absent for more than 6 (six) months without any justification,

c.       reaches the age of 70 years old,

d.      offers his\her resignation,

e.       a final judicial decision declares him\her incapable to act.

2.      Termination of tenure of the judge is declared by decision of the

Constitutional Court. The application to declare the termination of tenure of a judge is presented by the President of the Constitutional Court.

3.      In case of vacancy seats, the President of the Republic appoints a new judge

upon the consent of the Assembly within one month. The newly appointed judge seats until the termination of the tenure of the judge he\she sits instead.

Article 10

Dismissal of the judge

1.      The judge of the Constitutional Court may be dismissed  by the Assembly

through two thirds of its complete members if he/she violates the Constitution, commits a crime, becomes mentally or physically incapable, commits other acts that incriminate the position and personality of the judge. The decision of the Assembly is reviewed by the Constitutional Court, which upon verification of the above causes, declares the dismissal of the members of the Constitutional Court.

2. The reviewing of the procedure of the Assembly on the dismissal of the judges

of the Constitutional Court, for one of the causes provided in point 1 of this Article, commences upon a motivated request of no less than half of the entire number of the members of the Assembly. 

Article 11

Conduct of Constitutional Court

The activity of the Constitutional Court is organized and lead by the President of the court and in his\her absence by any judge He\She assigns to, unless when this Law provides it to the power of the meeting of the judges.

Article 12

Powers of the President of the Court

The President of the Constitutional Court has the following powers:

a.       Prepares, convenes and leads the plenary sessions of the Constitutional Court,

b.      Represents the Court to the relations with third parties,

c.       Coordinates the work among the judges,

d.      Signs the acts of the Constitutional Court, except the decisions of the court,

which are signed by all judges,

e.       Nominates and dismisses the administrative staff and issues disciplinary

measures to it.

Article 13

Powers of the meeting of judges

The meeting of the judges of the Constitutional Court has the following powers:

a)      Specifies the main directions of the expenses of budgetary means,

b)      Reviews every 6 (six) months the budgetary expenses,

c)      Decides on the organizational structure of the Constitutional Court,

d)      Decides on the number of staff and respectively their salaries,

e)      Approves the Internal Rules on the activity of the administration of the

Constitutional Court.

Article 14

Civil servant

1.      The General Secretary is most senior civil servant at the Constitutional Court.

2.      Other respective which are necessary services in the functioning of the Constitutional

Court under the care of other staff and employees.

3. General Secretary is appointed by the meeting of the judges of the

Constitutional Court and is selected from the ranks of professionally experienced jurists.

4.      General Secretary manages the administrative activity of the Constitutional

Court, under the authority of its President.

5.      The rights and duties of the General Secretary and other employees of the

services under the Court are provided by this Law and the Internal Rules.

6.      The administration staff of the Constitutional Court is subject to regulations of

Civil Service and are financially treated the same as the administrative staff of the Assembly of the Republic of Albania.

Article 15

Order guarantee

1.      The Constitutional Court enjoys the right of police forces under its service to

keep order and secure protection of the Court.

2.      Number and duties of these police forces are approved by the Ministry of

Public Order upon the proposal of the President of the Constitutional Court.

Chapter III

Status of the judge of the Constitutional Court

Article 16

Immunity

1.      The judges of the Constitutional Court enjoy immunity due to their seat.

The judge of the Constitutional Court are not legally responsible for opinions or his/her voting provided for the case under review.

2.      The judge of the Constitutional Court cannot be investigated without the

consent of the Constitutional Court. The judge of the Constitutional Court may be detained or arrested only if caught in the act of committing the crime or immediately after it. The respective organ provides immediate notification to the Constitutional Court. The respective organ releases the judge unless the Constitutional Court provides its consent to present the case to an ordinary court within 24 hours.

3.      The decision of the Constitutional Court, which is taken on the majority of

votes should be reasoned. The said judge, after being heard of, does not participate in the voting.

Article 17

Remuneration

1.      The remuneration of the judge of the Constitutional Court is equal to the

remuneration of the President of the High Court.

2.      The remuneration of the President of the Constitutional Court is 20% higher

than the remuneration of the judge of the Constitutional Court.

3.      The remuneration and other benefits of the judge of the Constitutional Court

may not be decreased or infringed.

Article 18

Other rights of the judge of the Constitutional Court

1.      The judge of the Constitutional Court should:

a.       have special individual, family and property protection, when thus

requested by him/her under serious circumstances or so is considered necessary. Respective organs in charge of protection of senior personalities are obliged to respond to every request of this kind.

b.      enjoy the right of annual paid holidays of 40 days. The annual holidays

are during August – September.

c) be provied free of charge the Official Gazette and juridical newspapers and magazines,

d) enjoy equal rights with members of the Assembly of Albania as

provided in Article 16, point 1, 19, 20, 23, 25 and 26 of Law Nr. 8550, date 18\11\1999 “On the Status of the deputy”.

2.      The tenure of the judge of the Constitutional Court may not be limited, unless

thus provided in the Constitution and this Law.

3.      After normal termination of the tenure, unless dismissed through the

procedures provided in the Law, the judge of the Constitutional Court is appointed to another job equal or similar and providing the transitional remuneration of the judge of the Constitutional Court and/or suplementary  retirement according to the legislation in power.

Article 19

Protocol relations

1.      The President of the Constitutional Court and the other judges enjoy special protocol status.

2.      In regard to protocol relations, the President of the Constitutional Court comes right after the Prime Minister and the judges of this Court are equal with the minister in protocol treatment.

3.      Judges of this Court may be members of official delegations, ceremonies, receptions and different activities of cultural, social and sport character in conformity with the protocol provided in this Article.

Chapter IV

Principles of constitutional adjudication

Article 20

Discussion in Panel

Cases at the Constitutional Court are collegially discussed. The decision is taken by the judges present at the session the said case has been discussed.

Article 21

Public hearing

1.      Cases are heard at the Constitutional Court at open plenary sessions.

2.      The Constitutional Court may void the public from the whole or part of the session, justifying on the public moral, public order, national security and the right of private life or personal rights.

Article 22

The use of Albanian language

1.      Albanian language is used in hearing the case.

2.      Parties in the dispute, who do not speak Albanian, may use their mother

language. The entire hearing is translated through an interpreter, as a rule is provided by the Court.

Article 23

Oral Hearing

The case is orally presented at the plenary session, or through the respective documents according to the nature of the case.

Article 24

Defense at the Constitutional adjudication

Parties at the constitutional adjudication may be self defended or through the representative as is the case provided by this Law.

Article 25

Impartiality at the constitution adjudication

1.      The judge of the Constitutional Court is impartial in discussing the cases and

issubject only to the Constitution and laws while exercising their duty.

2. The judge of the Constitutional Court acts under his\her own person and does

not represent any state organ or social organization, political party or association, ethnic or social grouping.

Article 26

Publication of final decision

1.      Decisions of the Constitutional Court are final. They are published at the

Official Gazette and enter into force on the day of their publication. The Court may decide to have its decision enforced on the day of its proclamation when decision concerns the protection of constitutional rights of the person.

2.      The organ, which publishes the Official Gazette is obliged to publish the

decisions of the Constitutional Court no later than 15 days after the decision is presented at said organ.

3.      The Constitutional Court prepares annual summary of its decisions.

Chapter V

Presentation and preliminary discussion of the application

Article 27

Registration of the application

1.      The application addressed to the Constitutional Court is immediately

registered at the special registrar found at the head Secretary of the Constitutional Court.

2.      The application is presented to the President of the Constitutional Court, who

assigns one of the judges to relate on the application for preliminary review.

Article 28

The content of the application

1.      The application is presented to the Constitutional Court in written

form, in Albanian language, in clear and understanding language, in as many copies as there are parties involved and should include:

a.       the court to which the application is presented,

b.      name, surname (denomination), residence or place of living of

the applicant,

c.       name, surname (denomination), residence or place of living of

the entities interested in the case,

d.      object of the application

e.       the content of the application and presentation of reasons,

f.        specification of documents and other evidence, which

accompany the application,

g.       signature of the applicant or his\her representative.

2.      The application is notified to the involved parties.

Article 29

Documents attached to the application

1.      Depending on the case, the following documents should be attached to the

application:

a.       act of representation, in case the application is presented through the

representative,

b.      copies of the act, which is the subject of the application,

c.       original documents or their certified copies and other written

evidence related to the case in discussion,

2.      Copies of the act, document and written evidence are presented in as many

copies as there are parties involved and interested in the case, so that they are notified upon.

Article 30

Deadline of presentation of application

1.      The deadline of the presentation of the application to the Constitutional

Court is provided at this Law.

2.  The application of persons regarding the violation of constitutional right are

to be presented  no later than 2 (two) years from the evidence of the violation. If the law provides that the applicant may be addressed to another organ, he\she may present the application to the Constitutional Court after all the other juridical means in protection of such rights have been exhausted. Under such a case, the term of presentation of the application is 6 (six) months from the date of announcing the decision of the respective state organ.

Article 31

Preliminary discussion of the application

1.      The application is preliminary discussed at a panel composed of 3 (three)

judges of the Constitutional Court, including the one who relates the case.

2.      In case the application, although within the competences of the Constitutional

Court and submitted by a legitimate entity is not complete, the panel delivers it back to the applicant for completion notifying the reasons. When the application is presented for a second time and complete, it is preliminary discussed at the panel. The incomplete application is not taken into consideration.

3.      When the application is presented by a legitimate entity and it is within the

powers of the Constitutional Court, the panel decides to present it to the hearing session. If the application is not under the powers of the Constitutional Court, the panel decides to reject the application from the hearing session. In any case, if either of the judges of the panel presents a descending opinion, the application is to be presented to the preliminary meeting  of all the judges, which then, on majority of votes decides to accept or reject the application from the hearing session.

4.      Regarding all the above mentioned cases, the panel or meeting of the judges

does not review the core solution of the case.

5.      Complains, requests or any other correspondence, which does not include

elements of the application as provided by Article 25 of this Law are treated through the administrative way.

Chapter VI

Operation of the Constitutional Court

Article 32

Review at the Plenary Session

1.      The Constitutional Court reviews the applications at plenary session.

2.      The plenary session is attended by all the judges of the Constitutional Court,

but in no case by less than two thirds of the members.

Article 33

Summoning & Conduct of the Plenary Session

1.      The plenary session of the Constitutional Court is summoned and conduct by

the President of the Constitutional Court.

2.      The plenary session may be summoned and conducted by one judge upon the

consent of the President of the Constitutional Court.

Article 34

The rights of the judge during the constitutional adjudication

The judge of the Constitutional Court enjoys the right to:

a.       participate at the discussion of every application, unless otherwise

prohibited by the law,

b.      be get introduced with the content of the application and all the

relevant materials of the case,

c.       ask questions and receive explanations by the parties involved in the

case and the experts or witnesses during the hearing session,

d.      participate at the final discussion and express his opinion freely on the

final solution of the case at hand.

Article 35

Duties of the judge during the constitutional adjudication

The judge of the Constitutional Court should:

a.       prepare the case for adjudication and take the respective measures for

the proceedings of the plenary session,

b.      cast his/her vote for the solution of the case,

c.       keep the confidentiality of the discussions and voting process.

Article 36

Withdrawal from the process

1.      The judge of the Constitutional Court is obliged to withdraw from

adjudication of a concrete case when:

a.       has participated in drafting the act subject to adjudication,

b.      the impartiality of the judge is suspesios due to family or other

relations with either of the parties involved,

c.       there is evidence for serious impartiality.

2.      The withdrawal is approved by the President of the Constitutional Court,

unless the case is at the hearing session. The case being at hearing session, the withdrawal is decided upon through the majority of votes of the judges present.

Article 37

Discard of the judge

1.      In case when under the provisions of Article 36, the judge does not

withdraw  from reviewing the case, the involved parties enjoy the right to request his/her discard at any stage of the hearing session.

2. The discard of the judge is decided by the majority vote of the judges

present at the hearing session. The judge, whose discard is requested, after being heard, does not participate at the voting. In case of mean vote, the judge is considered discard.

Article 38

Announcement and participation at the plenary session

1.      Time and date of the plenary session should be announced to the

applicant and the interested parties or their representatives.

2.      The chief-secretary delivers the announcement at least 10 (ten) days

ahead of the date of the opening of the plenary hearing session.

3.      The announcement is delivered through official notification, mail delivery or in urgent cases through telegram or Fax handed to the involved parties or adult members of the family. If the residence of either parties at the constitutional process is not known or he/she is temporarily abroad, the notification is announced at the Constitutional Court and delivered at least 1 (one) month ahead of the date of the opening plenary hearing session.

4.      The plenary hearing session is attended by the litigants or the respective

representatives, the interested entity and witnesses, experts, when needed.

5.      Lack of announcement of the date of the plenary hearing session is a

justification to post pone the plenary session and announce it to another date and thus notifying the respective parties.

6.      When the applicant, its representative or the interested entity, despite the

announcement is not present at the plenary hearing session upon no legal reason, the plenary hearing session is convened in his/her absence.

Article 39

Participants at the constitutional adjudication

1.      Participants of the constitutional adjudication are:

a.       The entity presented the application or the respective

representative,

b.      Entities against which the application is compiled or which have

direct interest in the case under adjudication,

c.       The entity, which has issued the act,

d.      State organs in dispute on under whose powers the act is.

2.      In case state organs are parties at the constitutional adjudication, they

are represented by their respective leaders or, at their absence by formally authorized persons.

3.