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

Article 49: Subjects that have Recourse to the Constitutional Court

1. The right to have recourse to the Constitutional Court on the conformity of the law or other normative acts with the Constitution or international agreements shall be given to:
The President of the Republic, Prime Minister, not less than one-fifth of Members of the Assembly, and the Ombudsman.

2. The President of the Republic and not less than one fifth of the members of the Assembly shall be entitled to have recourse to the Constitutional Court to control only the conformity with the procedure provided for by the Constitution under Article 131 paragraph 2, and Article 177 of the Constitution.

3. The right to initiate a check on the conformity of the laws and other normative acts with the Constitution or international agreements shall also be given to:

a) The Head of High State Audit;

b) Local government bodies, when they claim that their rights provided for in the Constitution or their constitutional position have been violated;

c) The commissioners established by law for the protection of fundamental human rights, when during their activity they conclude that a law or normative act has violated fundamental rights and freedoms of individuals;

รง) The High Judicial Council and High Prosecutorial Council, when they claim that a law or normative act is violating their constitutional activity or the legal position of judges and prosecutors;

d) The bodies of religious communities, political parties, organizations, when claiming that a law or normative act is violating their activities and the rights and freedoms of their members;

dh) Courts of all levels, where, in the course of adjudication of a case, they find out that the law or the normative act contradicts the Constitution or international agreements;

e) Individuals, when they claim that their rights and freedoms provided for in the Constitution have been violated directly and substantially, after having exhausted all legal remedies for this purpose and when the act they are opposing is directly applicable and does not provide for the issuance of bylaws for its implementation.

4. Subjects referred to in paragraph 3 of this Article shall, in any case, have an obligation to prove that the issue is directly related to the rights and freedoms provided for by the Constitution or to the purposes of their activity.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment