IPLS SERVICES: CONSTITUTIONAL COURT OBSERVER

Decision No 49

Tirana, 26 July 1999
Applicant: Mr. Bajazit Peci
Subject case: Incompatibility with Constitution of Decree of the President of the Republic No 2318 dated 19 February 1999
Constitutional Court

After having examined the application,

Observed

The Applicant's claim before this Court is to guarantee implementation of the Constitution for the suit brought by him before the Supreme Court, because with the view the Supreme Court has taken in this case has contributed to the conviction that it will not examine the case, even though legal possibilities exist.

Under Article 131/c of the Constitution of the Republic of Albania, the Constitutional Court examines applications relating to unconformity of normative acts of central institutions with Constitution. But, in these cases the Constitutional Court may act only upon applications filed with by organs defined in Article 134 of the Constitution, not by individuals. The Constitutional Court may act upon individual’s application only when their constitutional rights have been infringed due to unfair process of law in the understanding of Article 131/f of the Constitution.

Under such circumstances, the Plaintiff cannot be legitimized for examination of this application,

Therefore

The Constitutional Court of the Republic of Albania, in pursuance of Article 38 of Law 8373, dated 15 July 1998 "On Organization and Operation of Constitutional Court of the Republic of Albania",

Held

The case shall not be examined in session.


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