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The Constitutional Court takes on the role of Vetting, in an anti-legal manner

2026-11-09 13:29:00Pikëpamje SHKRUAR NGA AV. DR. LULZIM ALUSHAJ
The Constitutional Court takes on the role of Vetting, in an anti-legal manner
Attorney Dr. Lulzim Alushaj

To be honest, nothing surprises me in this country anymore!

The Constitutional Court (CC), on November 2, 2026, approved (with only the vote against by member Sonila Bejtja) an Annex to its Rules of Procedure for the consideration of issues of reassessment jurisdiction which, apparently, belongs to a pure attempt at a constitutional coup to obtain powers that are not provided for anywhere.

Many Colleagues, after becoming familiar with the content, have contested the part where this Annex (not a constitutional law) extends the deadline for the ONM to participate in these cases and that the members of the ONM have access to the Consultation Chamber where only judges should be.
For me, this above is the least of the problems.

But what does Article 179/b, point 8 of the Constitution (pictured below) say about the competence of the CC in the phase of re-evaluation trials?
This article expressly provides that, after the expiration of the term of office of the vetting bodies (KPK and KPA), which was the summer of 2026, the CC could only adjudicate appeals against decisions of the KPK that had not yet been finalized. At the end of the KPA's mandate, no appealed KPK decision was unfinished, on the contrary, ceremonies were held for the success of the vetting and closed within the deadline.

Who forced the GJ to violate the Constitution and the law and assume extra-constitutional judicial powers without being granted them by the Albanian Parliament?

Today, with this Annex to the Regulation, the CC has recognized itself as being able to judge requests for review that may be filed in the future without having this competence expressly expressed anywhere.

This situation leads to:

1. the inability of the subjects, including the Albanian Parliament, to appeal this decision to the CC (since all members are in conflict conditions after having given an opinion/decision);
2. the decisions of the CC on review, except that without jurisdiction over review by the CC itself, are NULL since they were given by a Court not designated by law;
3. the reinstatement to duty of any magistrate that comes as a result of the implementation of the decisions of the CC, with these serious shortcomings, is NULL from the beginning;
4. further decisions of these magistrates are NULL since their reinstatement to duty is NULL for the shortcomings cited above.

The protection of legitimate rights and interests that may belong to individuals through the vetting process should be provided for in the Constitution or law; in no country in the civilized world is the Constitutional Court so routinely used to notarize the requests of a group of individuals.

The Albanian Parliament has a constitutional obligation to act swiftly on this scandalous precedent, before the justice system devolves into massive problems that will affect the country's citizens and legal security.

The Constitutional Court takes on the role of Vetting, in an anti-legal manner


Në përputhje me standarded JTI

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