ON THE ORGANIZATION AND FUNCTIONING OFTHE CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA   |   8577

Article 31: Preliminary Examination of the Application

  1. The application shall be preliminary examined by a chamber composed of three judges of the Constitutional Court, including the rapporteur.
  2. Where the application, although within the competences of the Constitutional Court andsubmitted by a legitimate entity, is not complete due to a cause other than those provided for in Article 27 of this Law, the chamber sends it back to the applicant for completion indicating the reasons for the return and the deadline of its completion. When the application is submitted complete within the deadline set out for rectification, it passes again for preliminary examination to the chamber. In such a case, the date of submission of the application shall be considered the date of its submission for the first time to the court. When the application is submitted within the deadline set out for rectification, but incomplete, the chamber shall decide not to pass it over for adjudication.
  3. Where the application does not meet the criteria set out in Article 31/a, paragraph 2, of thisLaw, the chamber shall decide not to pass the case over to the plenary hearing. In all the cases, where one of the judges of the chamber is not of the same opinion with the others, the application shall be passed over for preliminary examination to the Meeting of Judges.
  4. The chamber or the Meeting of Judges shall not examine the merits of the case at thisstage.
  5. The complaints, requests or any other correspondence not containing the elements of an application in the sense of Article 27 of this Law shall be registered in a separate register and disposed of administratively.

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