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Constitutional Court annuls changes to the Assembly: Accelerated procedure violated the rights of the opposition

2026-04-20 16:54:12Aktualitet SHKRUAR NGA REDAKSIA VOX

The Constitutional Court has declared the decision of the Assembly of Albania of September 16, 2025, which amended the Internal Regulations by increasing the number of parliamentary committees from 8 to 11, incompatible with the Constitution. With a unanimous decision to accept the request, the adjudicating body ruled in favor of the minority group of deputies, arguing that the majority's rush to pass the amendments within 24 hours nullified the opposition's right to debate and informed decision-making.

The Court's decision puts an end to an institutional clash that began at the beginning of the new legislature, when 30 deputies of the socialist majority proposed and voted within the same day to change the structure of the committees.

The constitutional battle and the arguments of the parties

The request to the Constitutional Court was filed by no less than one-fifth of the members of the Assembly, represented by the chairman of the DP parliamentary group Gazment Bardhi and lawyer Marash Logu. They argued that the rapid decision-making, introduced into the agenda less than 24 hours after the session began and the removal of the right to speak by the Speaker of the Assembly, constituted a serious violation of the rights deriving from the status of an MP.

On the other hand, the Assembly defended itself with the argument that the Regulation is an internal organizational act and that the rapid action was dictated by the need to adopt acts for the process of integration into the European Union. However, this claim was rejected by the Court after analyzing the documentation.

"The fact that the parliamentary committees were constituted on 24.09.2025, while the laws were approved much later, does not support the Assembly's rejection, therefore the Court does not consider the need for urgency justified," the Constitutional Court notes in its reasoning.

The procedure made parliamentary debate impossible.

The Court emphasized that although the Assembly has autonomy to regulate its internal functioning, this self-regulatory power cannot be used to suppress the voice of the minority. Informing the deputies only on the day of the plenary session deprived them of the essential right to prepare amendments and to discuss.

"The manner of calling the Assembly to a plenary session, as well as the accelerated procedure for approving amendments to the Rules of Procedure, have led to a violation of the principle of representative democracy in terms of the freedom of expression of members of the parliamentary minority," the final decision states.

In its analysis, the panel adds an important standard for parliamentary life, expressing itself clearly on the limits of the majority:

"Self-regulatory power should not become a premise for the rights of deputies to be violated to the extent that would directly lead to the violation of the principle of representative democracy."

In order not to create an immediate deadlock in the proceedings of Parliament, the Constitutional Court has decided that the repealing effects of this decision will enter into force 30 days after publication in the Official Gazette.

This transitional period allows the Assembly time to reorganize the structure of its parliamentary committees in full compliance with due process and the standards required by this decision on minority rights in parliament.


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