Albania’s Constitutional Court Rejects Opposition Bid to Overturn ‘Diella’ Appointment

Albania’s Constitutional Court has rejected a request by 39 opposition lawmakers seeking to annul presidential decrees linked to the appointment of “Diella” in the government, leaving the decrees in force.

The Democratic Party lawmakers had challenged provisions of President Bajram Begaj’s decrees concerning the appointment of the prime minister and the Council of Ministers, arguing that the government had created a new ministerial structure and assigned powers that were not grounded in the Constitution or existing law.

In its ruling, issued on October 8, the Constitutional Court said the case was unprecedented in the context of artificial intelligence. It stressed that the use of AI cannot alter Albania’s constitutional and legal order, nor create, expand, transfer or replace public powers, responsibilities or accountability.

However, the court concluded that the challenged provisions did not have an autonomous constitutional effect or a normative character that would allow them to be reviewed under the relevant constitutional provisions.

The court also found that the lawmakers who filed the case did not meet the required legal standing to bring a constitutional dispute between state powers. It further determined that the case did not concern a specific constitutional office-holder whose eligibility, incompatibility or appointment could be reviewed under the court’s jurisdiction.

By a majority vote, the Constitutional Court therefore rejected the request, effectively keeping the presidential decrees in force.