The constitutional Court is composed of nine members, appointed for a nine-year term, without the right of being reelected. The constitutional judges are appointed by the President of the Republic [...]


1. The Constitutional Court of the Republic of Albania is not part of the ordinary judicial system.
It has a special jurisdiction as to the review of constitutionality of laws and other normative acts. The Constitutional Court guarantees and upholds the compliance with the Constitution, which it has ultimate power to interpret (article 124/1 of the Constitution). During the exercise of its functions, the Constitutional Court is subject only to the Constitution (article 124/2 of the Constitution). The authorities of the Constitutional Court have been foreseen by article 131 of the Constitution. According to this article, the Constitutional Court decides on:
- The compatibly of the law with the Constitution or with International Agreements, as it is foreseen in article 122
- The compatibility of International Agreements with the Constitution prior to their ratification;
- The compatibility of normative acts of central and local bodies with the Constitution and International Agreements;
- The conflicts of competencies between the branches of power, as well as between local and central government;
- The constitutionality of parties and other political organizations, as well as their activities, according to article 9 of this Constitution;
- The dismissal from the duty of the President of the Republic and the verification of his incapacity to exercise his functions;
- Issues relating to the election and incompatibility in exercising the function of the President of the Republic, deputies, functionaries of the bodies provided for in the Constitution, as well as the verification of their election;
- The constitutionality of a referendum and the verification of its results;
- The final adjudication of individuals complaints against any public act or judicial decision that violates the fundamental rights and freedoms guaranteed by the Constitution, after all legal remedies for the protection of these rights have been exhausted, unless otherwise provided in the Constitution.

2. The Constitutional Court decides even on the constitutionality of:
- Decision of the Assembly on the discharge from office of the President of the Republic (articles 90/3, 91/2 of the Constitution);
- Decision of the Assembly on the discharge from office of the judges of the Supreme Court (article 140 of the Constitution);
- Decision of the Prime Minister on the discharge from office of the Heads of Communes or Municipalities (article 115 of the Constitution);
3. The Constitutional Court may be put into motion by the following subjects:
a. the President of the Republic;
b. the Prime Minister;
c. not less than one-fifth of the deputies;
ç. the People's Advocate;
d. the Head of High State Audit;
dh. the courts, under article 145/2 of the Constitution;
e. the commissionaire established by law for the protection of fundamental rights and freedoms provided for in the Constitution;
ë. High Judicial Council and High Prosecutorial Council;
f. bodies of local government;
g. bodies of religious communities;
gj. political parties;
h. organizations;
i. individuals.
The subjects mentioned under items “d”, “dh”, “e”, “ë”, “f”, “g”, “gj”, “h” and “i” may submit a request only for issues related to their interests.

4. The applications submitted before the Constitutional Court, pursue the following procedure:
After being registered, the application is delivered to the President of the Constitutional Court, who takes the necessary steps to appoint the Judge-Rapporteur of the case by lot, in accordance with the Rules of the Court. The Rapporteur presents the case before the panel composed of three members, with the Rapporteur being one of them. The panel decides on the admissibility of the application, thus on its passing into a court hearing. If the panel fails to decide unanimously, the matter is referred to the Meeting of Judges, which decides by majority of votes. The case does not pass into a court hearing when its subject does not fall under the authority of the Constitutional Court, or when the applicant is not legitimized to put the Constitutional Court into motion. The court hearings are public and respect the principle of contradiction, as well as other fundamental principles of the ordinary judgment, and especially of the constitutional judgment.
In cases of interpretation of the Constitution, the judgment can be conducted only on the basis of respective documentation. The parties may be represented by their lawyers.
Costs of judicial proceedings before the Constitutional Court are subject to the rules provided for in the Law on Court Fees.
5. At the end of each judicial review, the Court expresses itself through decision.
The decisions of the Constitutional Court are reasoned in a written form and enter into force the day of their publication in the Official Gazette. The Constitutional Court may decide that its decision, which has examined the act, takes effect at another date. The decisions of the Constitutional Court have general binding force and are final. As a rule, decisions of the Constitutional Court do not have retroactive effects. However, the law has foreseen exceptional circumstances: decisions that abrogate criminal sentences, even during the phase of their execution, decisions that interpret the Constitution, decisions related to the non-exhausted consequences of the abrogated normative act, and decisions related to the court’s decisions that have not been final.

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