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

Article 76: Legal Effects of Constitutional Court Decisions

1. The Constitutional Court decisions are final and mandatory for execution.

2. TheConstitutional Court decision that has repealed a law or a normative act as incompatible with the Constitution or international agreements, as a rule, shall have legal effects from the date of its entry into force, unless otherwise provided by this law.

3. In any case, the Constitutional Court shall define effects of its decision.

4. The Constitutional Court may decide that the decision to repeal an act may produce effects on a date different from the date of its entry into force. In this case, the Assembly or any other institution must make necessary changes within the deadline set by the Constitutional Court decision and in accordance with its reasoning.

5. Where during the review of a case, the Constitutional Court finds out that there is a legal vacuum that has brought negative consequences to fundamental rights and freedoms of the individual, the Constitutional Court, inter alia, shall determine the legislator’s obligation to complete the legal framework within a certain deadline.

6. Decisions of courts of all instances, which have been repealed by the Constitutional Court, shall not have legal force from the moment they were made. The case shall be sent for examination to the court, whose decision has been repealed.

7. The decision shall have retroactive effect only against:

a) A criminal sentence, even while it is being executed, if it is directly connected with the implementation of the law or normative act that has been repealed;

b) Cases being examined by courts, as far as their decisions are not final and irrevocable.

c) Unexhausted consequences of the law or normative act that has been repealed.

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