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

Article 71-c: Obligations Arising from Decision Making in International Courts

  1. For purposes of this law, international courts are the courts whose jurisdiction extends tothe Albanian State, because of obligations arising from ratified international agreements.
  2. If an international court finds out that the Republic of Albania has violated the obligation arising from an international agreement and, therefore, the fundamental rights and freedoms of a natural or legal person have been violated through a law or normative act, the Constitutional Court, upon request, may repeal the law or the normative act, if it finds that there is no other effective legal remedy to restore the rights violated.
  3. If the Constitutional Court has previously ruled on a matter, which has been tried by aninternational court and the latter has concluded that fundamental rights and freedoms of the individual have been violated because of the decision of the Constitutional Court, the subject infringed upon, in whose favour the international court has ruled, shall be entitled to address the Constitutional Court with a request to reopen the judicial process.
  4. The request for reopening the process shall be filed to the Constitutional Court within 4 months of the entry into force of the decision of the international court. It must contain a summary of the international court's decision, highlights of findings and concrete research made by that court. The applicant must expressly request the reopening of the process and a repeal of the act.
  5. The request for reopening the process shall not be accepted if:

a) Consequences of violation of fundamental rights and freedoms no longer exist;

b) The international court has given an indemnity without associating it with a reopening of the process (just satisfaction);

c) The violation has been avoided by a new legal arrangement or other forms.

6. When the Constitutional Court accepts the request, it shall decide on:

a) The repeal of its previous decision and admissibility of the application.

b) The repeal of its previous decision and simultaneously the repeal of the act that has violated fundamental rights and freedoms of the applicant and the obligation of the competent authority to issue a new act or the obligation of the authority not to act, as appropriate.

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