Its Role and Independence
The Constitutional Court is an independent organ has for its duty to guarantee respect of Constitution.
Composition and Manner of Formation
The Constitutional Court consists of 9 members. The chairman and members of the Constitutional Court are elected by Parliament on the proposal of the President of the Republic.
Incompatibility with Other Duties and Activity
The function of the members of the Constitutional Court is not compatible with other state, party or private duty.
1. The mandate of the members of Constitutional Court is eight years.
2. The composition of the Constitutional Court is renewed at the end of every four years around four members and in the second round for other five.
1. A member of the Constitutional Court does not have legal responsibility for the opinions and decisions give in the exercise of his functions.
2. A member of the Constitutional Court enjoys immunity. He many not be penally prosecuted without the permission of the Constitutional Court, given by a majority of votes and with a reason decision by its general meeting .
The Constitutional Court has these competencies
1. It makes interpretations of the Constitution, decides on the compatibility of laws, decrees and regulations with the Constitution. It orders the suspension of these acts when it observes that serous consequence could be caused by their implementation.
2. It decides weather an international agreement entered into in the name of Republic of Albania, but not yet ratified, is the compatible with the Constitution. Also, it decides on the incompatibility of legal provisions in force with generally accepted norms of international law, and also with the content of agreements to which the Republic of Albania is party.
3. It resolves disagreements on competencies between state powers
4. It decides on questions that have to do with the constitutionality of the activity of parties and other political or social organizations.
5. It resolves complaints and the legality of the election of the President of Republic and the deputies. It also investigates the legality of popular referenda, promulgating the final results.
6. It investigates the constitutionality of a penal accusation that Parliament has presented against the President of Republic.
Subject Entitled to present Complaints
The President of Republic, every parliamentary group, one fifth of deputies, the Council of Ministers and the organs of local power have the right to present a complaint the adjudication of a question by the Constitutional Court.
1. The Constitutional Court decides by majority vote of all its members.
2. Decisions of the Constitutional Court are final and bending. They must be reasoned. In case of doubt or disagreement about the meaning of decision, the Court has the right to interpret it in its own initiative or on the complaint of the interested parties, within 30 days from the date of notification of the complaint.
3. A law, decree, regulation and their specific provisions declared incompatible with provisions of this Constitutions, or with law, with the generally accepted norms of international law or agreements to which the Republic of Albania is party, lose their force the day after publications of the decision in the "Official Journal."
4. In other cases, the decision of Constitutional Court is effective at the time prescribed by it.
5. When the repeal of laws or other acts is decided and the relations that have arisen require juridical regulation, the decision of the Constitutional Court shall be made know to the People's Assembly or other competent organs for them to take the measure prescribed by the Constitution.
Organization of Functioning
The organization and functioning of the Constitutional Court, the procedure for resolving cases, as well as other fundamental questions for the performance of its duties, shall be regulated by law.
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