In a press release, the Constitutional Court announced that it reviewed the case filed by Sali Berisha today, in which he sought the repeal of decisions no. 520, dated December 30, 2023, delivered by the Special Court of First Instance for Corruption and Organized Crime, the Special Court of Appeals for Corruption and Organized Crime, and the Criminal College of the High Court, claiming they do not comply with the Constitution of the Republic of Albania.

The Court, after initially examining the criteria for the legitimacy of the petitioner, concluded that: he is legitimate both in opposing the judicial decisions regarding the replacement of the personal security measure and in challenging the procedure followed by the Assembly in granting authorization for the imposition of house arrest.

The Court determined that the claims concerning the independence and impartiality of the special courts under Law no. 95/2016 could not be examined, as they have already been ruled upon.

Similarly, the claims regarding the principle of legal security due to the ambiguity of the criminal procedural provisions related to the timing of the execution of security measures could not be considered, as the petitioner had not exhausted all legal remedies.

Concerning the merits of the case, and considering the arguments, submissions, and objections presented by the parties, the Court concluded that:

Regarding the claim about the parliamentary procedure for granting authorization by the Assembly, the Court, by majority vote, deemed this claim unfounded.

Regarding the claims of infringement of personal liberty related to the right to stand for election, the Court assessed them in two aspects: the procedural aspect and the substantive aspect.

A) From a procedural standpoint, the Court assessed the judicial process in which the house arrest measure replaced the previous security measure in the following areas:

i) the principle of judicial impartiality in relation to the right to effective defense;

ii) the right of access in relation to the standard of reasoning for the decision.

The Court, by a majority vote, assessed that these claims are unfounded.

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According to the media, today’s session took place without the presence of the parties, and the judges conducted their analysis based on the court documentation.

Berisha opposes the measure imposed by SPAK, “mandatory appearance,” arguing that, as a member of parliament, the Mandates Council should have convened first.
With its decision on Berisha’s request, the Constitutional Court sets a precedent on whether authorization from the Parliament will be required for such measures.

On November 6, the Constitutional Court, by a majority vote, dismissed the request of the Chairman of the Democratic Party, Sali Berisha, who sought the recusal of Constitutional Court Judge Marsida Xhaferllari from reviewing his request.
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