Print   

Law Nr. 8577

Dated February 10, 2000

ON THE ORGANIZATION AND FUNCTIONING OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA

(excerpts)

In reliance on articles 6, 81, 83 point 1 of the Constitution, on the proposal of a group of deputies,

THE ASSEMBLY OF THE REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I

GENERAL PRINCIPLES

Article 1

Purpose of the Law

1. This law sets out the rules of organization and functioning of the Constitutional court, the state of a judge, the submission of complaints and their examination, the principles and rules of constitutional adjudication, the taking of decisions and their execution.

2. For questions related to procedures that are not regulated by this law, the Constitutional court also takes into account the legal provisions that regulate other procedures, taking into consideration the legal nature of the question.

Article 2

Function of the Constitutional Court

The Constitutional Court is the highest authority that guaranteees respect for the Constitution and makes final interpretations of it.

(…)

CHAPTER IV

PRINCIPLES OF CONSTITUTIONAL ADJUDICATION

(…)

Article 26

Publication of the Final Decision

1. Decisions of the Constitutional Court are final. Theyare published in the Official Journal and enter into force on the day of their publication. When a decision has to do with the protection of the constitutional rights of an individual, the Court may decide that it enter into force upon its promulgation.

2. The organ that publishes the Official Journal is obligated to publish the decisions of the Constitutional Court no later than 15 days from their coming to this organ for publication.

3. The Constitutional Court prepares a summary of its decisions each year.

(…)

CHAPTER VII

SPECIAL PROCEDURES

(…)

Procedures for the Examination of the Constitutionality of Parties and Other Political Organizations

Article 57

1. For the examination of the constitutionality of parties and other political organizations, as well as their activity, the Constitutional Court is put into motion on the complaint of the President of the Republic, the Prime Minister and no less than one fifth of the deputies.

2. The complaint may be presented to the Constitutional Court at any time.

Article 58

The Constitutional Court examines and decides:

a) whether the party or political organization was created in accordance with the constitutional provisions;

b) whether the activity of the party or political organization accords with the Constitution.

Article 59

When the Cnstitutional Court considers that ther are data that the further activity of a party or political organization violated the constitutional order or state or public interests, as the case may be, by special decision of the Meeting of Judges or in plenary session, it may order the suspension of activity of the party or political organization until the rendering of the final decision.

Article 60

1. When the Constitutional Court reaches the conclusion that the creation of a party or political organization comes into conflict with the Constitution, it repeals the act of creation.

2. When the Constitutional Court reaches the conclusion that the activity of a party or political organization comes into conflict with the Constitution, as the case may be, it orders the prohibition of this activity or orders its de-registration.

(…)

The Procedure for Examining the Ability to be Elected and Incompatibility in the Exercise of Function of the Deputy

Article 66

1. For examining the ability of deputies to be elected, the Constitutional Court is put into motion on the complaint of the President of the Republic or the Assembly of the Republic of Albania.

2. The Constitutional Court verifies the election of deputies on the complaint of the political party or independent candidate for deputy, also applying in this case the legal provisions for the general elections.

3. A complaint about incompatibility may be submitted to the Constitutional Court by the Assembly, so long as the mandate of the deputy is continuing, while a complaint for the examination of the ability of the deputies to be elected may be presented within 6 months from the determination of the fact of inability to be elected.

Article 67

1. In cases when the Constitutional Court verifies the ability of the deputies to be elected, it decides, as the case may be, to reject the complaint or repeal the act of the Central Election Commission.

2. At the end of the examination of the complaint about ability to be elected or incompability of a deputy, the Constitutional Court send its decision to the Assembly.

CHAPTER IX

TRANSITIONAL AND FINAL PROVISIONS

Article 88

This law is effective 15 days after publication in the Official Journal (1).

Promulgated with decree no.2561 dated February 22, 2000 of the President of the Republic of Albania, Rexhep Meidani.

CHAIRMAN

SKENDER GJINUSHI

(1) Translator's note: the Official Journal containing this law was published March 16, 2000, so it became effective on March 31, 2000.