Constitutional Court of Albania

In accordance with Section 1 of Article 131 of the Constitution, it is the Constitutional Court's role to pronounce judgments on the following: The Constitutional Court performs an interpretive role when an appropriate case on either an international agreement, a law or a violation of a constitutional right or rights is before the said court. Another reason for the Constitutional Court's interpretive role is so that the Constitutional Court can clarify the articles contained in the Constitution. Such clarification guides Albanian public bodies in the use of their powers by providing them with a framework, one that conforms to the Constitution, to work within. An example of the aforementioned framework is the production of constitutional standards for Albanian constitutional organs by the Constitutional Court. Constitutional standards formulated by the Constitutional Court ultimately form the basis of these institutions' actions. == History ==

The historical background of the Constitutional Court is similar to the backgrounds of various other constitutional courts in Central and Eastern Europe. As was the case for Central and Eastern Europe, Albania experienced historical and democratic changes in the early 1990s. 29 April 1992, also saw the institution of the Constitutional Court's powers, status, jurisdiction, composition and functioning as per Articles 17 to 28 of Law Number 7561. Law Number 8373 instigated alterations to the competences of the Constitutional Court, entities that are permitted to bring forth cases before the aforementioned court and the process of nominating judges of the said court. • On 10 February 2000, the Parliament adopted Law Number 8577 ‘On the Organisation and Functioning of the Constitutional Court of the Republic of Albania' which solidified the Constitutional Court's organic law. • On 22 July 2016, the Parliament unanimously voted to amend the Constitution which led to changes in how the position of judge of the Constitutional Court is filled. After the 22 July revision to the Constitution, judges of the Constitutional Court are either appointed by the President, elected by the Parliament, or elected by the Supreme Court of Albania. == Composition ==

The Constitutional Court should be composed of nine judges as stated by Albanian law. Albanian law also states how individuals come by the position of judge of the Constitutional Court. In the early stages of the aforementioned process, the Justice Appointments Council chooses three eligible candidates for each opening for judge of the Constitutional Court by selecting the three highest-ranked individuals. In the final stage of the aforementioned process, an individual swears an oath before the President to signify the start of their tenure as a judge of the Constitutional Court. Of the nine judges who are in office, three judges should have been appointed by the President, three judges should have been elected by the Parliament, and three judges should have been elected by the Supreme Court over the course of several phases of judge renewal as per Article 125 of the Constitution. A judge of the Constitutional Court serves as the President of the aforementioned court for a term of three years with the right to only one re-election. For a judge of the Constitutional Court to become the President of the said court, they would have to be elected via a secret ballot having obtained a majority vote from all the judges in the aforementioned court. == Criticism ==

The Constitutional Court has been the object of criticisms on a variety of issues. Amongst them: Organisation Criticisms have been aimed at the Constitutional Court for issues that persist in the process of appointing and electing judges of the Constitutional Court. In 2019, one such issue involved the President of Albania, who was forced to violate Albanian constitutional court law due to the actions of the Justice Appointments Council and the Parliament. • On 13 October 2019, the Justice Appointments Council sent two candidate lists for two vacancies in the Constitutional Court to the Parliament in which it had thirty days to elect both as per the Constitution. The first contentious decision made by the Constitutional Court in the final two months of 1997 was Verdict Number 53 in which the aforementioned court repealed a legal provision on 13 November. The legal provision related to the authorisation of government-nominated administrators to handle assets relating to pyramid schemes which swindled more than two-thirds of Albania's citizens. After the Constitutional Court's fifty-third verdict of 1997, the new Government of Albania expressed concern over its ability to complete the termination of pyramid schemes through liquidation. Verdict Number 57 was delivered on 5 December and was the Constitutional Court's second contentious decision in the final two months of 1997. The fifty-seventh verdict of 1997 also effectively vetoed the Parliament's authority to reply to verdicts of the Constitutional Court by revising constitutional provisions. The Democratic Party of Albania denounced the approved resolution as the aforementioned party claimed that the Constitutional Court had acted within its constitutional right to function independently. Prior to the Parliament's resolution on judge rotation, the Constitutional Court was composed of judges that had been nominated by the previous Democratic-controlled parliament. == See also ==