Politics unites to overturn the renewal scheme in the Constitutional Court

The scheme to renew the Constitutional Court is bringing to the surface a tacit political compromise to bypass the Constitution. The majority gave the first signal with the procedure for the replacement of judge Elsa Toska, which is not opposed by the largest opposition group. Democrats are using a similar argument to extend the mandate of the other constitutional judge, Sonila Bejtja. Professor Aurela Anastasi places the responsibility on the Constitutional Court itself, which must maintain its independence by showing the limits.

Esiona Konomy

The regular renewal of the Constitutional Court, a fundamental element of the Constitution to maintain the balance of powers, has faced a new challenge. The majority and the opposition seem to have reached a silent compromise to avoid this rule, extending the mandates of some judges and jeopardizing the balance of the institution's composition.

The majority has made its first move with the procedure for the replacement of judge Elsa Toska, who left before the end of her term, appointing a term until 2028 instead of 2025. This activity has met with a silence of the opposition, that in the case of judge Sonila Bejtja, an appointment of the previous President Meta, also tries to extend the mandate beyond the regular term.

In this situation, constitutional law professor Aurela Anastasi has raised the concern that the Constitutional Court should take responsibility to guarantee compliance with the renewal rules. According to her, the Court is the body that should set limits and protect institutional independence. In the absence of clear decisions from the Court, the space for political maneuvers has expanded.

On the other hand, the silence of the majority and the opposition on this issue has raised doubts about a tacit agreement that goes beyond temporary political interests. In 2028, this deviation from the renewal scheme risks bringing about a deep crisis, making the Constitutional Court powerless to protect the Constitution.

The main findings of the research:

The renewal scheme in the Constitution: Provides for the replacement of 1/3 of the judges every three years to maintain the balance between the institutions that appoint them.
Lack of decisions of the Constitutional Court: The responsibility falls on this institution to interpret and apply the renewal rules.
Politics and compromises: The majority and the opposition seem to be interested in extending mandates for long-term political gains.
The risk of crisis: If the rules are not respected, in 2028 the Constitutional Court may face a deep institutional vacuum.

To read the full article and understand more about the challenges and potential crisis of 2028, click here: https://ina.media/2024/12/06/politika-bashkohet-per-te-permbysur-skemen-e-riperteritjes-ne-gjykaten-kushtetuese/