Yesterday, three new members of the Constitutional Court were sworn in before President Ilir Meta: Elsa Toska, Fiona Papajorgji, and Marsida Xhaferllari. Also present during the ceremony were the General Secretary of the Constitutional Court and current Constitutional Court members Vitore Tusha and Besnik Muçi.
Earlier yesterday morning, Elsa Toska, elected by default after President Meta failed to nominate a candidate before the 30-day deadline that ended November 7, preemptively took an oath in front of a notary in Tirana, which appears to have remained without legal effect.
In contrast with the swearing in ceremony of Besnik Muçi, international representatives appeared to be absent, perhaps because of the controversy that has surrounded the appointment of Xhaferllari. Xhaferllari has in recent days been openly attacked by ministers and other officials of the Socialist Party. The social media accounts of the EU and US have remained silent, despite the supposedly important news that the Constitutional Court now has 5 members, 1 short of the necessary quorum.
Opposition leader Lulzim Basha decried the nomination procedure of the new members of the Constitutional Court as an “institutional coup.”
In absence of the High Court, there is no doubt that a new battle will ensue before the end of the year about whether it is up to the President or Parliament to elect the magical sixth candidate.