"War" breaks out between the Constitutional Court and the State Attorney's Office

2026-07-10 16:16:51Aktualitet SHKRUAR NGA REDAKSIA VOX

"War" breaks out between the Constitutional Court and the State

The Constitutional Court has reacted to the State Attorney's Office's report on the execution of decisions of the European Court of Human Rights (ECHR), opposing the findings according to which it did not reflect the recommendations regarding the right of access to constitutional justice.

The report submitted on June 23 by the State Attorney's Office to the Assembly has drawn discontent from the Constitutional Court. In response, the highest judicial body even hinted that they had taken notes.

The advocacy group in the document criticizes the Constitutional Court for failing to take a position on the recommendations coming from the European Court of Human Rights for the timely execution of its decisions.

For the Constitutional Court, these conclusions are hasty and not prudent, accusing it of being intended to misinform and call into question its authority.

"Although it did not intend to engage in such debates, the fact that the response of a public institution contains elements of misinformation and has been publicly used to question its integrity and authority makes this clarification necessary in order to properly inform the public. Initially, the Court draws attention to the manner of reporting by the State Attorney's Office," the response states.

The lack of a full body in the Constitutional Court for several years has pitted the defense against the black platoons. The legal profession criticizes that the parties' rights were not respected, but on the other hand, the judges say that the time context is deliberately hidden in the document.

"These cases were reviewed after the entry into force of the constitutional and legal amendments of 2016, which changed the deadline for filing an individual constitutional complaint from two years to four months and brought about the need to interpret the moment from which this deadline begins to run. Regarding the standard of reasoning of decisions, the State Attorney's Office report does not evidence that the case Frroku v. Albania, decision dated April 24, 2018, was reviewed in a period when the Court was functioning without its full composition," the Constitutional Court's response states.

According to the constitutional judges, the State Attorney's Office should avoid conclusions that create incorrect perceptions:

"In view of the principle of loyal cooperation, which is based on mutual respect for the competences of each institution and implies the establishment of a cooperative relationship between them, and taking into account that the responsibility for the execution of ECHR decisions does not belong to just one institution, the Court has provided the necessary assistance whenever the Department for the Execution of Decisions of the ECHR has requested information through the State Attorney's Office, and has built bridges of cooperation with the Council of Europe Office in Tirana."

The Court concludes its response by emphasizing that they are committed to implementing the Constitution and the decisions of the ECHR.


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