Participants in Constitutional Process Before the Albanian Constitutional Court

Abstract

The constitutional process in its entirety, despite of the well-defined procedural rules, it can not be developed without the procedural parties. These are the parties who set in motion the constitutional court and therefore the whole procedural mechanism, with all its complexity. For this reason The Constitution of Albania and LCC define a set of procedural norms which aim to arrange the position and procedural rights of the parties in the constitutional process. Nevertheless parties tend either to abuse with the possibility to invest Constitutional Court (the applicant), or to require the limitation of the jurisdiction of this court in order not to take into consideration such matters (the concerned party). To avoid such situations and in addition to streamline the constitutional process within the legal norms and rules, the burned lies on the Constitutional Court, which in this case for a better progress of the constitutional process and also to respect the rights of the parties, legitimizes only those entities which have interest in participating in such a process as are well defined by the Constitution and the law. The purpose of this article is to give an overview on the procedural position of the parties involved in a constitutional trial.

DOI: 10.5901/mjss.2015.v6n5p298