TIRANA, July 14 /ATA/ The Constitutional Court launched the second volume of its Jurisprudence Guideline at an event held on Monday.
The chief justice of the Constitutional Court, Holta Zaçaj, stated in her remarks: “The guideline is much more than just a publication; it is the first of its kind to systematically organise the Court’s rulings. It covers everything—from fundamental constitutional principles, human rights and freedoms, to the structure, functioning, and principles guiding state institutions. It does so from the perspective of the separation and balance of powers, ensuring transparency and access to constitutional justice, while also providing a vital tool for understanding its evolution in Albania.”
“This guideline stands as a living testament to the legacy of constitutional justice in Albania, reflected in the landmark decisions of the Constitutional Court. Many of these rulings form the cornerstone of Albanian justice, marking pivotal moments in the country’s democratic development and thus holding historical significance. They highlight the ongoing challenges faced by our society and the reforms undertaken, underscoring the indispensable role of the Constitutional Court in safeguarding democracy, human rights, and the fundamental values enshrined in our Constitution,” she emphasised.
Zaçaj noted that, for the first time, the complete jurisprudence of the Constitutional Court is now available in a structured and comprehensive format, allowing for clearer understanding and more practical use of constitutional principles and standards.
She emphasised that this document serves as an important reference source for several reasons.
“The failure to enforce these decisions puts the Constitution into question and threatens the integrity of the rule of law, which demands that all state institutions not only comply with the Court’s rulings but also operate within constitutional limits,” Zaçaj stressed.
She added that “this also serves as a crucial reminder that when institutions—including judicial bodies—generate constitutional conflicts or act beyond their constitutional remit, they undermine the legal system’s legitimacy and weaken public confidence.”
Zaçaj added, “Constitutionality as a way of being and behaving is our only passport on the path toward integration into a united Europe.”
“We are living through a historic moment—not only in Albania but globally—and we must remember that democracy alone is not enough. Majority rule, even when legitimate, can lead to laws that restrict or violate fundamental rights. That is why democracy must be constitutional—defined by limits on power, respect for the rule of law, and an independent judiciary. Only then does democracy become more than just a mechanism of governance—it becomes a culture of freedom, responsibility, and accountability.”
However, she added, “even the Constitution itself, no matter how flawless, is not enough. It is the Constitutional Court that gives it meaning, enforces it, and protects it. By interpreting the values underpinning human dignity, equality, freedom, and justice, the Court ensures that constitutional principles and fundamental rights are preserved and guaranteed.”
From this perspective, Zaçaj emphasised that it remains an ongoing challenge for justice to be not only fair but, above all, constitutional.
The “Guide to the Jurisprudence of the Constitutional Court of Albania – Volume II” compiles the standards established by the Court in its decisions since 1992, covering core legal principles, the separation of powers, and essential constitutional rights.
As a vital reference tool aimed at enhancing understanding of constitutional justice and the Court’s rulings, this volume expands on and complements the first guide released in 2024, which focused on the Court’s jurisprudence from 1998 to 2023, particularly regarding individual constitutional complaints.
Volume II of the Guide first summarises the Court’s rulings concerning the general principles of fundamental rights and freedoms, as well as decisions on substantive rights. The second part presents the standards in the Court’s jurisprudence regarding the separation of powers and the organisation and functioning of constitutional bodies, including institutions such as the President, Parliament, Council of Ministers, Ombudsman, Supreme State Audit, the courts and prosecution, as well as local government authorities.
Both volumes of the Guide represent a significant effort to systematise and enhance the accessibility of the Constitutional Court’s jurisprudence, aiming to increase transparency, consistency, and to strengthen the constitutional culture in the country. This serves the broader goal of reinforcing the rule of law and protecting the rights and freedoms of individuals.
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