Albania's Parliament in Extraordinary Session

The resolution comes after the decree was issued by Republika's President “for the appointment of Marsida Xhaferlari as a member of the Constitutional Court”, an act which the Parliament considers open and flagrantly contrary to the constitutional and legal provisions and beyond the constitutional competence of the President of the Republic.

The resolution says this move delegates the start of functioning of the Constitutional Court.

Through this resolution, Albania's Assembly calls on the president of the Republic to give up efforts and acts that block the implementation of the Justice Reform and the normal functioning of the constitutional organs, where one of the most important is the Constitutional Court.

Albania's Assembly repeatedly calls on the president of the Republic to reflect by turning the president's institution into the limits of the competencies recognised by the Constitution and not to take any other action in flagrant violation of the Constitution.

Albania's framework under the unblocking spirit of the Justice Reform commits itself to review legislation to prevent future creation of situations that abuse the functioning of the country's constitutional organs.

Full resolution:

Avoiding the constitutional crisis with the aim of the legitimacy of the Constitutional Court, the supreme task of the highest bodies of the state. Albania's Assembly: Praising that the Constitutional Court is a constitutional body that has a mission to preserve constitutionality and protect fundamental human rights and freedoms, and that this Court guarantees implementation of fundamental constitutional principles by all constitutional institutions in the function of protecting individual rights and freedoms;· While praising that the re-entering of the Constitutional Court is vital, among other things, for implementing constitutional objectives of control and balance between state powers and guaranteeing fundamental human rights;·

While praising that the constitutional changes of 2016 under the Justice Reform, which restored constitutional balance to guarantee the functioning of the justice system according to the principles of the rule of law and in respect of the fundamental principle of mutual control and balance of powers, they have clearly defined the rules for the constitutional decision and selection process of judges, including the rules, the corresponding criteria and procedure for the selection of candidacys in respect of independence, impartiality and the principle of constitutional durability;· While praising the unblocking mechanism in the process of appointments to the justice system, as one of the essential elements of the Justice Reform, in the application of the Constitutional Court's jurisdiction, as well as in the following reflected attitude in the amicus curiae opinions of the Venice Commission on the importance and the need of the unblocking mechanism with the aim of functioning and preventing the constitutional organs;· By strongly supporting the implementation of the Justice Reform as the key criterion for rule of law and strengthening the rule of law in Albania, as well as for the European future of the country, reform that is assessed with very positive marks in progress on the European Commission reports and where Albania sets up as an example to be followed by all Western Balkan countries;

Praising the implementation of the Justice Reform as is the establishment and functioning of the new justice system governance bodies such as the Council of Advocations, the Prosecutor's High Council, the High Judicial Council, as well as the steps taken for the rapid implementation of the countries in the Supreme Court, the establishment of prosecution and special court against corruption and organised crime, the election of the Prosecutor General, and encouraging the intensifying implementation of justice in this direction;· Praising the current work of the constitutional body, the Justice Messengers' Council for the fulfilment of hot spots at the Constitutional Court;· Welcoming the appointment of constitutional judges, namely Besnik Muci, appointed with the decree of the president of October 18, 2019, the appointment of Arta Vorpsi as a member of the Constitutional Court on November 8, 2019, after the end of the deadline, within which the president of the Republic should be expressed, as well as the election of Mrs. Elsa Toska and Mrs. Fiona Papajorgji from the Parliament as a member of the Constitutional Court. Albania's Assembly after it was informed that the president of the Republic has issued decree No. 11350, date 13,11.2019 “For the appointment of Marsida Xhaferlari as a member of the Constitutional Court”, and considering that this act has been brought out in open and flagrant opposition to the constitutional and legal provisions and in excess of the constitutional competence of the President of the Republic, which delegates the beginning of the Constitutional Court's functioning states: The constitution clearly stipulates that the vacant states in the Constitutional Court are appointed/elected by the president, Parliament and the Supreme Court. These organs exercise constitutional competence independently and without any kind of interdependence between them. All three of these organs are limited to naming/election among the three names of candidates listed first by the Justice Messengers' appointments. For the Assembly and the President, besides limiting the appointment/election of constitutional judges from candidates on the list that the Justice Council approves, there is a time limit for exercising competence within a 30-day term. The failure of competence within this term by the president and Parliament brings the appointment of a candidate constitutional judge ranked first on the ruling list of the Justice Advocacy Council (pointing 125 of the Constitution, articles 7/b, t7/c and7/77 Law No.8577, date 10,2.2000 “for the organisation and functioning of the Constitutional Court of the Republic of Albania<3>, amended. The Court of Justice's appointment, on the date 08.10.2019, has sent its rulings to the president regarding two coalitions created at the Constitutional Court, making two lists of candidates available for each vacant country aimed at exercising its competence to appoint two constitutional judges. With the decree of 18.10.2019, the president has appointed Besnik Muci as Constitutional Court judge, while for second place he has chosen to remain silent and, over the heartwarming 30-day deadline, on the 07.11.2019 Mrs. Arta Vorpsi, ranked first on the list approved with the ruling of the Justice Messengers, is considered a member of the Constitutional Court. Under the Constitution and Law No.8577, the date 10,2000 “for the organisation and functioning of the Constitutional Court of the Republic of Albania”, changed, the president exercises his competence by being limited to the appointment of one of the first three names on the list of three candidates for Constitutional Court judges, according to the list designed for this purpose by the Justice Messengers Council.· The president exercises his competence by appointing a member of the Constitutional Court within a 30-day term from the day he has made the ruling of the Justice Court's appointments. If within this deadline the president fails to exercise his right, the candidate ranked first in the ruling of the Justice Council of Advocacy is considered appointed judge of the Constitutional Court (Neni-7/b, law 4 point No.8577, date 10,2,2000 “for the organisation and functioning of the Constitutional Court of the Republic of Albania”, with changes).

With the release of the decree No.150, 13,11,2019 president of the Republic, appointing the next candidate out of the 30-day term specifically defined by constitutional law, it has violated not only the touching deadline within which it was to appoint the constitutional judge among the three candidates listed first in the decision of the Court's Constitutional Council, but it has appointed a candidate who was listed in the fourth place under the ruling of the Court's appointments in Justice. Thirty-day term for the president is over on 07.11,2019, after ruling no. 132, the date 21.09.2019 of the Justice Court's appointment Council, has been announced to the president on the date 08.10.2019, and the candidate ranking on the approved list is: 1. Arta Vorpsi; 2. Fiona Papaorgy; 3. ; Elsa Toska; 4. Marsida Xhaferlari. Calling the fourth-place candidate in the ruling no. 132, the September 21.09.2019 ruling of the Justice Council with the justification that the election of two candidates to the same list as members of the Constitutional Court with the ruling of the date 11.11.2019, of the candidate elected as constitutional judge by the president in the first three countries on the list, the president has allegedly received the competencies of the Court's Court of Messengers in Justice, which is the only body that has the authority of the candidate ranking under the constitution and law.

· The Council of Status in Justice is the only constitutional body that defines the rankings of the first three as candidates, among which the president or the Parliament should either appoint it. The purpose of this constitutional and legal rule is to limit the discretion of all three body appointments, the president, Parliament and the Supreme Court, respectively, to decide within the rankings specified in this Council's decision. Albania's Assembly estimates that President No.11350's decree, dated 13,11.2019, is an absolutely invalid act, released in the absence of constitutional and legal competencies of the presidential institution, and as such it is considered nul and as if it never existed. In the absence of competence to appoint the constitutional judge, the president has illegally intervened in a constitutional process. The arguments of the president in the letter of the date of 05.11.2019 to the Parliament and the Council of Courts of Justice, in terms of the 4 constitutional judges appointed by the Parliament's president, conflict with constitutional and legal provisions, as order does not specify the time of the body's action, but the competence to act on each of the countries in question. In conditions where certain vacant countries are completed simultaneously, each organ has the right to exercise its constitutional competence, without being restricted by the selection of the other organ nor by the time the exercise of this component from each organ, appointing/elect the constitutional judge/judge independently from the decision making of the other body. From the comprehensive procedure followed, from the announcement of the vacant seats for constitutional judges, both from the president and from the Parliament, to the review, the assessment of the candidacy and reports of relevant rulings by the Justice Council for each newly established country, it is clear the competency of the constitutional judges' appointment for the respective Romanian country, respectively, by the president and Parliament.

R) Acting on open violations of the Constitution and the law and in the absence of competence, the president has committed an unprecedented act, trying to suspend a constitutional process with administrative legal procedures. Constitutional provisions, as well as those of the Constitutional Court's legal law related to the appointment and selection of the Constitutional Court, are binding to implement and cannot be interpreted at the expense of the mission they have - ensuring independence and efficient and inefficiency of a constitutional body of particular importance, such as the Constitutional Court. Acting in violation of the Constitution and the law, the president has attempted to block the appointment/election of members of the Constitutional Court, which brings procrastination to resume its functioning. Moreover, the move aims to affect the violation of this institution's independence through unconstitutional interventions in the court's appointment procedures. The president has repeatedly carried out actions contrary to the Constitution, producing acts in excess of or in the absence of his constitutional and legal competence; as yet, Albania's Assembly calls on the Constitutional Court and all public organs tasked by the law under the Constitutional Court's functioning to carry out their duties responsibly and responsiblely and not to implement the No.11350 President's decree, 13112019. Albania's Assembly calls on the president of the Republic to exercise its constitutional duties regarding the start of constitutional judges' task, Mrs. Arta Voorsi, Mrs. Elsa Toska and Mrs. Fiona Papajorgjia. Albania's Assembly calls on the Constitutional Court and other bodies, in the context of the break-up spirit of the Justice Reform, to carry out responsibilities, without creating any obstacle to enabling the start of constitutional judges' duties, Ms. Arta Voorsi, Mrs. Elsa Toska and Mrs. Fiona Papajorgjia.

Albania's Assembly calls on the president of the Republic to give up efforts and acts that block the implementation of the Justice Reform and the normal functioning of the constitutional bodies, where one of the most important is the Constitutional Court. Albania's Assembly repeatedly calls on the president of the Republic to reflect by turning the president's institution into the limits of the competencies recognised by the Constitution and not to take any other action in flagrant violation of the Constitution. Albania's framework under the unblocking spirit of the Justice Reform commits itself to review legislation to prevent future creation of situations that abuse the functioning of the country's constitutional organs.