AC role and responsibilities
The Appeal Chamber is established and operates based on article 179/b, Annex of the Constitution of the Republic of Albania, law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the regulation “On the activity of the Appeal Chamber of the Constitutional Court”, as well as other approved regulations.
The mission of the Appeal Chamber is: “to accomplish the legal functions and competencies to guarantee the functioning of the rule of law, the independence of the justice system, as well as restoring public trust in the institutions of this system.”
Paragraph 5 of Article 179/b of the Constitution provides that during the 9-year period of its mandate, the Chamber exercises its function as part of the Constitutional Court, which during this transitional period will function in two chambers. Judges of the Appeal Chamber, pursuant to paragraph 3 of article C of the Annex to the Constitution, during their mandate shall enjoy the status of a judge of the Constitutional Court.
The Appeal Chamber consists of seven judges (approved in block by decision no. 82/2017 of the Assembly of the Republic of Albania) and is the only judicial body that reviews appeals against decisions of the Commission, according to the Annex to the Constitution and the Law.
The re-evaluation process is performed on the basis of three criteria:
- Asset assessment;
- Background control;
- Proficiency assessment.
The Appeal Chamber exercises its functions, as an independent and impartial institution, on the basis of the principles of equality before the law, constitutionality and lawfulness, proportionality and other principles that guarantee the right of the assessees for a due legal process.
During its mandate, the Appeal Chamber, in accordance with the Constitution, the law “On the organization and functioning of the Constitutional Court” and the legislation governing the ruling of the justice system, shall have jurisdiction to review:
- the disciplinary infractions of members of the Constitutional Court, the High Judicial Council, the High Prosecutorial Council, the Prosecutor General and the High Inspector of Justice;
- the appeals against the decisions of the High Judicial Council, the High Prosecutorial Council and the High Inspectorate of Justice for imposing disciplinary measures on judges, prosecutors and other inspectors.
The trial in the Appeal Chamber is conducted in accordance with the rules provided in Articles 47, 48, paragraph 1; 49, 51 and 55 of law no. 49/2012 “On the organization and functioning of administrative courts and adjudication of administrative disputes”. The Appeal Chamber adjudicates in a panel of 5 judges, who are assigned by lot for every case.
In order to fulfil all the tasks consigned by the Constitution and the Law, the Appeal Chamber is supported by the advisory staff and administrative staff. With decision no. 92/2017 of the Parliament of Albania, it is approved: the organizational structure, staff and classification of salaries of the staff of the Appellate Panel.