The Function of the Constitutional Court of Albania in Exercising Control of Constitutionality Over Administrative Acts

Abstract

This paper aims to analyze the process of constitutional review over normative acts, distinctive aspects of constitutional control under article 131/c of Albanian Constitution and exceptional constitutional provisions to exercise control over individual administrative acts. The selection of cases from the jurisprudence of the Constitutional Court of Albania, aims to introduce constitutional standards, requirements, criteria and features of constitutional review over administrative acts, as well as the evolution of constitutional jurisprudence. The jurisdiction of the Constitutional Court to review administrative acts in terms of abstract control of constitutionality extends only to acts of normative nature. Acts of individual nature exceptionally are subject of concrete control in terms of constitutionality and legality depending strongly in the modality of control under a particular constitutional provision. Until the system of administrative court was established, the judicial review of legality of normative acts and other acts that are not under the competence of the Constitutional Court was unclear and ineffective. The Administrative Court Act and the competence granted to the Administrative Court of Appeal to review legality of normative acts, create the possibility of judicial review in terms of abstract control of all normative acts (some exceptions are provided either by the constitution itself or by law) thus avoids ambiguity in ordinary courts practice and allows the control of the legality of normative acts that are not under the jurisdiction of the Constitutional Court. The questions addressed in this paper subject of analysis are: What are the criteria and methods of constitutional review over normative acts? What is the difference and limits of constitutional review of normative acts versus individual administrative acts? What are the features of constitutional review over acts of individual nature? What is the distinction between the control over unconstitutional normative acts and the control exercised by Administrative Court of Appeal over illegal normative acts?

DOI: 10.5901/ajis.2014.v3n3p17