The President of Albania nominated Marsida Xhaferllari for the Constitutional Court today, but this decision only creates chaos in the process of establishing the highest judicial body in Albania.
After nominating her beyond the 30-day legal deadline, the President justified the delay with another article of the Constitution, which provides the order of appointments for the members of the Constitutional Court.
According to this article, the first member is appointed by the President, the second by the Parliament, and the third by the Supreme Court.
But for the majority, the President is making a wrong interpretation. They argue that the article about the order is about the replacement of the Constitutional Court Judges once every three years. The majority also argues that the President’s decision to suspend the nomination, waiting for the Parliament’s next action, is not based on the Constitutional Court law.
Since the President did not take any decision on November 7th, when his deadline expired, the Council of Justice Appointments decided that the candidate is automatically the next in the list, Mrs.Arta Vorpsi.
After the President’s decision today, there are two candidates for the same Constitutional Court post: Arta Vorpsi and Marsida Xhaferllari.