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29-09-26
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Constitutional Court rejects opposition challenge to Ombudsman election

TIRANA, Sept. 29 /ATA/ – Constitutional Court has rejected a request by Democratic Party lawmakers challenging the election of Endri Shabani as Albania’s Ombudsman, saying the claims raised did not establish a constitutional issue.

The lawmakers had sought a review of Shabani’s eligibility and compatibility with the post, as well as the annulment of parliament’s decision to elect him.

The court said the Ombudsman is a constitutional official and that questions concerning eligibility, incompatibility and the verification of his election fall within its jurisdiction. It nevertheless found no constitutional grounds to uphold the lawmakers’ claims.

One of the main issues concerned whether Shabani met the constitutional requirement of having recognised knowledge and activity in the field of human rights and law. The court said parliament has discretion in assessing candidates for constitutional posts, provided fundamental procedural guarantees are respected and the process is not arbitrary.

The court also rejected the lawmakers’ claim that Shabani’s previous political activity was incompatible with the Ombudsman’s position, saying the argument was unfounded in light of the circumstances at the time he took his oath in parliament.

On the issue of the 28 lawmakers required to support a candidacy, the court said the requirement had been met when the candidates were verified by parliament’s Laws Committee and advanced to a plenary vote. It said the subsequent withdrawal of support could no longer affect the parliamentary procedure.

Shabani was elected Ombudsman in December 2025 with 85 votes. The dispute began after Democratic Party lawmakers withdrew their signatures supporting candidates for the post, including Shabani, saying he no longer had their backing.

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