Albania 1998 Constitution (reviewed 2016)

PART EIGHT. CONSTITUTIONAL COURT

Article 124

1. The Constitutional Court settles constitutional disputes and makes the final interpretation of the Constitution.
2. The Constitutional Court is subject only to the Constitution.
3. The Constitutional Court shall have a separate budget, which it administers independently.

Article 125

1. The Constitutional Court shall consist of 9 (nine) members. Three members shall be appointed by the President of the Republic, three members shall be elected by the Assembly and three members shall be elected by the High Court. The members shall be selected among the three first ranked candidates by the Justice Appointments Council, in accordance with the law.
2. The Assembly shall appoint the Constitutional Court judges by three-fifth majority of its members. If the Assembly fails to appoint the judges, within 30 days of the submission of the list of candidates by the Justice Appointment Council, the first ranked candidate shall be deemed appointed.
3. The judges of the Constitutional Court shall be appointed for a 9 year mandate without the right to re-appointment.
4. The judge of the Constitutional Court shall have a law degree, at least 15 years of experience as judges, prosecutors, advocates, law professors or lectors, senior employees in the public administration, with a renowned activity in the constitutional, human rights or other areas of law.
5. The judge shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. Further criteria and the procedure for the appointment and election of judges of the Constitutional Court shall be provided for by law.
6. One-third of the composition of the Constitutional Court shall be renewed every 3 years in accordance with the law.
7. The Constitutional Court judge shall continue to stay in office until the appointment of the successor, except under cases of Article 127, paragraph 1, subparagraph c, ç), d), and dh).

Article 126

The Constitutional Court judge shall enjoy immunity in connection with the opinions expressed and the decisions made in the course of assuming the functions, except where the judge acts based upon personal interests or malice.

Article 127

1. The mandate of Constitutional Court judges shall end, upon:
   1. reaching the age of 70 years;
   2. the expiry of the 9 year mandate;
   3. his or her resignation;
   4. dismissed in accordance with the provisions of article 128 of the Constitution;
   5. establishing the conditions of inelectibility and incompatibility;
   6. establishing incapacity to exercise the duties;
2. The end of the mandate of the Constitutional Court judge shall be declared upon the decision of the Constitutional Court.
3. Where the position of a judge remains vacant, the responsible organ shall appoint a new judge, the latter staying in office until the expiry of the mandate of the outgoing judge.

Article 128

1. The Constitutional Court judge shall be disciplinarily liable in accordance with the law.
2. The disciplinary procedure against a judge is adjudicated by the Constitutional Court, which decides on dismissal if he or she:
   1. Commits serious professional or ethical misconduct which discredit the figure and the position of the judge during the exercise of his or her mandate; or
   2. Is convicted with final court decision for commission of a crime.
3. The judge of the Constitutional Court is suspended from its duty upon decision of the Constitutional Court when:
   1. against him or her the personal security measure of pre-detention or home arrest is given for commission of a criminal offence;
   2. he or she is accused for a serious crime committed with intention; or
   3. upon initiation of the disciplinary proceeding in accordance with the law.

Article 129

The Constitutional Court judge shall assume office after swearing in before the President of the Republic.

Article 130

Being a Constitutional Court judge shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities, in accordance with the law.

Article 131

1. The Constitutional Court decides on:
   1. compatibility of the law with the Constitution or with international agreements as provided for in Article 122;
   2. compatibility of international agreements with the Constitution, prior to their ratification;
   3. compatibility of normative acts of the central and local bodies with the Constitution and international agreements;
   4. conflicts of competencies between powers, as well as between central government and local government;
   5. constitutionality of the parties and other political organizations, as well as their activity, according to Article 9 of this Constitution;
   6. dismissal from duty of the President of the Republic and verification of his inability to exercise his functions;
   7. issues related to the electability and incompatibility in exercising the functions of the President of the Republic, members of the parliament, officials of the other organs mentioned in the Constitution, as well as to the verification of their election.
   8. constitutionality of the referendum and verification of its results;
   9. final examination of the complaints of individuals after all effective legal means for the protection of those rights have been exhausted against the acts of the public power or judicial acts impairing the fundamental rights and freedoms guaranteed by the Constitution, unless provided elsewhere by the Constitution.
2. The Constitutional Court, in case it is set a motion to control the constitutionality of a law approved by the Assembly on the revision of the Constitution, according to article 177, it controls only the compliance with the procedural requirements foreseen in the Constitution.

Article 132

1. The decisions of the Constitutional Court shall be final and binding for enforcement.
2. The decisions of the Constitutional Court shall enter in force on the day of their publication in the Official Journal. The Constitutional Court may decide that its decision, which has examined the act, gives effect on another date.
3. The minority’s opinion shall be published along with the final decision.

Article 133

1. The admission of complaints for adjudication shall be decided by a number of judges as determined by law.
2. Final decisions of the Constitutional Court shall be decided with the majority of all members, unless otherwise regulated by law.

Article 134

1. Recourse to the Constitutional Court shall be only upon the request of:
   1. President of the Republic;
   2. Prime Minister;
   3. not less than one-fifth of the members of Assembly;
   4. Ombudsman;
   5. Head of High State Audit;
   6. any court, in the event of Article 145, point 2, of this Constitution;
   7. any commissioner established by law for the protection of the fundamental rights and freedoms guaranteed by the Constitution;
   8. High Judicial Council and High Prosecutorial Council;
   9. local governance units;
   10. religious communities forums;
   11. political parties;
   12. organizations;
   13. Individuals.
2. The entities provided for in sub-paragraphs d, dh, e, ë, f, g, gj, h, and i of paragraph 1 of this Article may file a request only regarding the issues connected to their interests.