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, this body 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 and deputies, as well as the verification of their election;
- The constitutionality of a referendum and the verification of its results;
- The final adjudication of the individuals’ complaints for the violation of their constitutional rights to due process of law, after all the legal means for the protection of these rights have been exhausted”.
2. 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 Assembly on the discharge from office of the Heads of Communes or Municipalities (article 115 of the Constitution);
- It gives the consent for the criminal prosecution of the judge of the Constitutional Court (article 126 of the Constitution) and the judge of the Supreme Court (article 137/2 of the Constitution).
3. The Constitutional Court may be put into motion by the following subjects:
- The President of the Republic;
- The Prime Minister;
- One-fifth of the deputies;
- The Head of the High State Audit;
- The courts according to article 145/2 of the Constitution;
- Bodies of the local government;
- Bodies of religious communities;
- Political parties and other organizations;
- Individuals.
4. The applications submitted before the Constitutional Court pursue the following procedure:
After being registered, the application is assigned by the President to one of the judges, who plays the role of the rapporteur and prepares the report and the respective materials for the preliminary review of the case. The rapporteur presents the case before the panel composed of three members, with 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 is not able to decide unanimously, the case should be presented before the meeting of judges, which decides by the majority of votes. The case does not pass into a court hearing when its subject case does not fall under the authority of the Constitutional Court, or when the applicant is not legitimated to put the Constitutional Court into motion. The court hearings are public and respect the principle of contradiction, as well as the other essential principles of the ordinary judgement, and especially of the constitutional judgement. In cases of interpretation of the Constitution, the judgement may be carried out basing only on the respective documentation. The parties may be represented by their advocates. The judicial procedures are free of charge.
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 they enter into force the day of their publication in the Official Gazette, in spite of cases when the Constitutional Court decides otherwise. The Constitutional Court decisions are final and cannot be appealed. They are compulsory for all the state administration bodies and connote be discussed (article 132/1 of the Constitution). As a rule, the Constitutional Court decisions 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 courts’ decisions that have not been final

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