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

Article 36: Waiving from reviewing the case

1. The Constitutional Court judge shall request to waive from the review of a concrete case when:

a) He/she has participated in drafting the act subject to reviewing;

b) He/she has publicly declared the attitude regarding the case;

c) The impartiality of the judge is called into question due to family or other relations with either of the parties involved,

รง) His/her impartiality is called into question due to other causes.

2. In case the subject of review is a law or normative act, which may have effects even for the judge of the Constitutional Court, his waiving or request to be excluded for this reason is not accepted.

3. In the cases provided for in paragraph 1 of this Article, the judge shall, within a reasonable time limit, submit in writing the request to waive from the case to the Chairperson of the Constitutional Court. The request for waiving or disqualification from the hearing shall be immediately examined by the Meeting of Judges, which shall decide on its admission or rejection.

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