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

Article 71-ç: The Review of Applications on the Undue Prolongation of the Process before the Constitutional Court

  1. Anyone, who is a party to a process that takes place before the Constitutional Court or aparty to a judicial process suspended as a consequence of an incidental check or of the verification of the constitutionality of the law initiated by other entities provided for in Article 134 of the Constitution, who claims that the trial has been conducted beyond a reasonable time, has the right to demand due compensation from the Constitutional Court, if determined that his rights and freedoms provided for by the Constitution have been violated from the undue prolongation of the process.
  2. In any case, regardless of the consequences, the applicant cannot apply without passingat least one year from commencement of the case review.
  3. In any case, the Constitutional Court shall assess the nature of the process and of the case,as well as the circumstances that have influenced the decision-making process of the Constitutional Court. It shall decide on the compensation amount by reference to consequences suffered by the applicant because of the undue prolongation of the process before this court.
  4. If the Constitutional Court concludes that the trial has been extended beyond the deadlinewithout reasonable cause, then, it shall compensate the applicant up to the extent of 100,000 ALL, for each year of delay.

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