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The decision not to transfer a case for examination to the plenary session shall be takenunanimously by the Chamber, while the decision of the Meeting of Judges shall be taken by a majority vote.
The decision not to transfer a case to the plenary session shall be taken when:

a) the searches contained in the application do not fall under the powers of the Constitutional Court;

b) the application has not been filed by the legitimate person;

c) the application has been filed by an unauthorised person;

ç) it is established that the application has been filed beyond the legal time limits;

d) the applicant has not exhausted the effective legal remedies prior to approaching the Constitutional Court, or the legislation in force provides for available effective remedies;

dh) the searches contained in the application are subject of a previous decision of the Constitutional Court or the reinstatement of the infringed right is no longer possible ;

e) the application is manifestly ungrounded.

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Scientific Board

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

Article 31-a: Decision not to Transfer a Case for Examination to the plenary session

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

Article 31-a: Decision not to Transfer a Case for Examination to the plenary session

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