The Constitutional Court of the Republic of Albania has decided today by majority vote to reject the request of a group of 39 members of Parliament, who requested the repeal of the President's decrees for the appointment of the Prime Minister and the Council of Ministers.
With this decision, Diella continues her duties as Minister of Artificial Intelligence.
In its official announcement, the Constitutional Court notes that this constitutes a new issue on which there have been no previous positions in the context of artificial intelligence.
Through the main legal arguments, the Court held that:
Use of AI and the Constitution: The use of artificial intelligence cannot change the constitutional order, public responsibility and accountability, nor replace or transfer official powers.
Lack of competence over the acts : The contested acts do not constitute general norms or the creation of new structures with normatively controllable autonomy according to Article 131/1/c of the Constitution.
Lack of conflict of competences: The applicants (MPs) do not meet the criterion of legitimacy (ratione personae) as a directly affected party or in a conflict of competences.
Status of the official: The Court considered that despite the technological terminology used in the decrees, it does not appear that we are dealing with cases of incompatibility or control of the appointment of an individual official under point "e" of Article 131 of the Constitution.
As a result of the rejection of the request by the Constitutional Court, Diella's mandate as Minister of Artificial Intelligence remains in force./ vna