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

Article 38: Notification, Submission of Documents and Participation in a Plenary Hearing

  1. The notification about the time and date of conducting the plenary hearing, open to thepublic or based on documents, shall be made by the Judicial Directorate, as a rule, 30 days prior to the date set for the plenary hearing, except for the cases where the Constitutional Court decides otherwise.
  2. The notification of the applicant, interested entity or their representatives or, as appropriate,the witness, expert or other persons whose participation is necessary to conduct the constitutional adjudication effectively, shall be made via an official letter, via mail summons, a telegram, as well as an e-mail as long as the parties have agreed on this means of notification at the moment of filing the application to the Constitutional Court.
  3. In case any of the participants in the constitutional proceedings does not have a preciseresidence or is permanently abroad, the notification shall occur by way of a letter rogatory, under the rules of the Civil Procedure Code, and by a notification at the Constitutional Court, at least 30 days prior to the date set out for conducting the plenary hearing.
  4. Failure to make an appropriate notification shall adjourn the plenary hearing, thus settingout another date to hold the hearing and making the respective notifications.
  5. When the applicant, the interested entity or their representatives, despite being notified, donot appear in the plenary hearing or do not send additional documents, the plenary hearing shall occur in absentia.
  6. When the hearing is held based on documents, the failure to forward the submissions within the specified time limit and without good reasons by the applicant, and the objections by the interested entity/ies, shall entail the conduct of the adjudication only on the basis of the application and/or associating documents submitted at the moment of registration.

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