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Written by SOT.COM.AL 26 Janar 2022
The crisis of filling the highest courts of the Albanian judiciary seems to prevail throughout 2022
The Supreme Court has announced in a press release that it is impossible to elect a new member of the Constitutional Court, as this institution does not have the required number of members. As a result, the crisis of the Supreme Court will be reflected in the Constitutional, an institution that should be full of 9 members.
According to Article 125 of the Constitution of the Republic of Albania, the Supreme Court is charged with exercising the power to elect three members of the Constitutional Court.
This Court finds it impossible to choose one of the 4 candidacies approved by KED for the vacant position left by member Fatmir Hoxha.
Full notice of the Supreme Court
Following the procedure followed for verifying the conditions and criteria of the candidates who have submitted the request for election as a constitutional judge, the Judicial Appointments Council has approved the list, together with the accompanying acts of 4 (four) candidates who have applied for the vacant position of former judge Fatmir Hoxha.
The report approved by the Judicial Appointments Council, together with the list and accompanying documentation for each candidate, was sent to the High Court for review on 30.12.2021.
Law no. 8577, dated 10.2.2000, "On the organization and functioning of the Constitutional Court ..." (amended by law no. 99/2016 and law no. 45/2021), provides for the procedure followed by the High Court for the election of a judge of Constitutional Court. According to article 7 / ç and article 86 of this law, the special meeting of judges of the High Court convened by the President of the High Court “... is valid if at least half of all judges of the High Court are present. ”.
The incumbent President of the High Court, referring to point 3 of article 7 / ç of the aforementioned law, has convened the general meeting of judges of the High Court, which was held on 26.01.2022, according to a pre-determined agenda .
Judges of the Supreme Court,
- referuar Kushtetutës dhe ligjit nr. 8577, datë 10.2.2000, “Për organizimin dhe funksionimin e Gjykatës Kushtetuese...”, që nuk vendosin afat kohor, brenda të cilit Gjykata e Lartë duhet të ushtrojë kompetencën për zgjedhjen e gjyqtarit të Gjykatës Kushtetuese,
- në kushtet kur, Gjykata e Lartë ka në përbërje të saj 9 gjyqtarë nga numri i përgjithshëm prej 19 gjyqtarësh, ndërkohë që sipas ligjit nevojiten të paktën 10 gjyqtarë për të konsideruar të vlefshme mbledhjen e posaçme për zgjedhjen e gjyqtarëve të Gjykatës Kushtetuese,
- me angazhimin, gatishmërinë, por dhe me përgjegjësinë e lartë për të përmbushur këtë kompetencë kushtetuese,
remain awaiting the completion without delay by the High Judicial Council of the necessary number of judges of the High Court that makes valid the beginning and the end of the special meeting of the procedure for the election of judges of the Constitutional Court.