The Constitutional Court has rejected by a majority vote Ervin Salianj's request to annul the court decisions that led to his conviction.
After reviewing the case in a plenary session on September 29, and evaluating the parties' claims, the Constitutional Court says it concluded that the interference with Salijanj's freedom of expression was proportional to the legitimate aims pursued.
The Constitutional Court found that the reasons presented by the ordinary courts to justify the sentence were relevant and sufficient. Also, by a majority vote, Salijanj's other claims for violation of the right to a fair trial were dismissed as unfounded.
Announcement of the Constitutional Court:
The Constitutional Court of the Republic of Albania (Court), on 29.09.2026, considered in a plenary session, based on documents, the case with the applicant Ervin Salianji, with the subject: "Abolition of decisions no. 2900, dated 18.12.2019 of the Tirana Judicial District Court; no. 30-2024-6822, dated 26.09.2024 of the Court of Appeal of General Jurisdiction and no. 00-2025-421, dated 11.03.2025 of the Criminal Chamber of the Supreme Court, as incompatible with the Constitution of the Republic of Albania".
The court, convened today on 09.10.2026, after considering the claims and objections of the parties, in a summary manner, assessed:
– To examine the issue in terms of freedom of expression, guaranteed by Article 22 of the Constitution, related to the exercise of the parliamentary mandate and the standard of reasoning of the judicial decision. Relying also on the jurisprudence of the ECHR, which, on the one hand, has consistently underlined the importance of freedom of expression for members of parliament and, at the same time, has also emphasized that Article 10 of the ECHR does not guarantee unlimited freedom of expression, in cases where the persons involved do not act in good faith in providing accurate and reliable information, the Court assessed that the criminal conviction of the applicant constitutes an interference with freedom of expression. Within the framework of the criteria provided for by Article 17 of the Constitution, the Court assessed that the interference is provided for by law and was made for a legitimate purpose. Following this same analysis, the Court, after discussing the issue also in terms of the proportionality of the interference, by majority vote, assessed that it was proportional to the legitimate aims pursued and the reasons put forward by the ordinary courts to justify it were relevant and sufficient.
– That the other claims within the framework of the right to due process raised by the applicant were, by a majority vote, found unfounded.
At the conclusion of the consideration of this case, the Court, by majority vote, decided:
1. Dropping the request.
The final decision will be announced with reasons within the legal deadlines provided for by Law No. 8577, dated 10.02.2000 “On the Organization and Functioning of the Constitutional Court of the Republic of Albania”, as amended by the Regulation on Judicial Procedures of the Constitutional Court.