Chair of Albania’s Constitutional Court to seek Venice Commission opinion on judges’ term limits

The Chair of Albania’s Constitutional Court, Holta Zaçaj, has announced her decision to seek an amicus curiae opinion from the Venice Commission regarding the interpretation of constitutional term limits for the court’s judges. This request comes amidst months-long debates surrounding the mandates of several members of the court.

Why this is important: The issue of judges’ term limits has been the subject of public and political debate, especially following the resignation of Judge Elsa Toska in mid-September. Toska stepped down for personal reasons that were never publicly disclosed. She was appointed to the court on November 11, 2019, as a nominee from Parliament.

Under Albania’s 2016 constitutional amendments, judges appointed after 2017 are set to serve until 2025, while those appointed after 2020 will serve until 2028. However, Toska’s resignation sparked controversy when Speaker of Parliament Elisa Spiropali announced a vacancy and stated that the term for her replacement would run until November 14, 2028. Opposition MP Jorida Tabaku labeled this move unconstitutional.

Adding to the confusion, recent media reports have claimed that Chair Zaçaj’s mandate ends on March 10, 2025. These claims are based on Zaçaj’s succession of Judge Vitore Tusha, whose mandate officially ended on March 10, 2017.

Chair Zace’s response: In a public statement, Zaçaj clarified that her term is governed by Article 179, Paragraph 3, of the Constitution, which aims to ensure the regular renewal of the court’s composition. This provision specifies that judges replacing those whose mandates ended in 2017 are to remain in office until 2025.

Zace further argued that since neither the Constitution nor the High Court’s decision on her appointment specifies an exact end date, legal principles dictate that her term should run until the end of 2025.

In light of these uncertainties, Zaçaj has decided to formally address the Venice Commission for an amicus curiae opinion to resolve the matter and prevent similar disputes in the future.

“Considering the importance of the principle of term limits for Constitutional Court judges, I have decided to address the Venice Commission for an amicus curiae opinion on this matter. This opinion will clarify the constitutional term limits for judges, particularly under Article 179, Paragraph 3,” Zaçaj stated.

She reassured the public that the request and the Venice Commission’s opinion will be made public and that the court will act accordingly.

Broader implications: This debate is expected to impact not only Zaçaj’s term but also those of other Constitutional Court judges. However, apart from MP Tabaku, neither the Socialist Party nor the Democratic Party has issued statements regarding the matter.

Context: The Constitutional Court is composed of nine judges, three appointed by the President, three by Parliament, and three by the High Court. Judges serve nine-year terms without reappointment. The Chair is elected by the judges through a secret ballot for a three-year term, with the possibility of one renewal. The court’s composition is renewed by one-third every three years.

This request to the Venice Commission underscores the need for clarity in constitutional interpretation and the importance of judicial continuity in Albania.