After Parliament adopted a resolution declaring President Ilir Meta’s decree to appoint Marsida Xhaferllari to the Constitutional Court “absolutely invalid,” the Constitutional Court released a list of the judges “fulfilling the conditions envisioned by the law to be member of the Justice Appointments Council (KED)” implicitly recognizing Xhaferllari’s appointment as the only valid one.
The Constitutional Court released the list as a new KED will be elected before the end of the year.
Xhaferllari took her oath before the President as required by the Constitution, while Arta Vorpsi, the candidate favored by Parliament and the Justice Appointments Council, signed an oath at a Tirana notary office.
The Constitutional Court further published a press statement making clearing that only the Constitutional Court itself can decide whether Xhaferllari’s appointment was constitutional, but that it can only do so once the constitutional quorum is reached. Also this statement implicitly recognized Xhaferllari, mentioning the “three new members,” wo took “their oath before the President of the Republic.”
We are aware of the Resolution approved by the Assembly today on November 15, 2019 […].
Following the Constitution, the Constitutional Court solves constitutional disagreements and makes its final interpretation. The Constitutional Court is only subject to the Constitution.
In view of the above, with regard to the Resolution adopted by the Albanian Parliament, the Constitutional Court clarifies that, even after filling some of the vacancies in its composition, it does not yet have the quorum necessary to consider and adjudicate on claims appearing before it. For this reason it cannot exercise its core or jurisdictional powers over resolving the conflict of competences between constitutional powers or bodies, nor those powers related to the constitutional review of acts issued by public authorities.
In these circumstances, the Constitutional Court, as an independent institution, applying the Constitution and its organic law and the legislation in force, as well as the administrative practices followed over the years, in order to ensure the normal conditions for the smooth running and functioning of its activity, is taking all necessary formal administrative steps for the commencement of the duties of the three new members, after their oath before the President of the Republic.
Following the Constitution, the next, fifth appointment to the court will be made by the President, unless the High Court materializes rapidly.
