Constitutional Court overturns the “Price Transparency Board” as the war in Ukraine “was not a legal argument”

10/04/2023 15:40

The Albanian Constitutional Court has published the decision in which it previously declared as unconstitutional the “normative act of the government for the establishment of a board that would monitor the price of foods” with the argument that the Albanian state was not in emergency conditions after the start of the war in Ukraine.

The court reminds that the Council of Ministers and the National Assembly insisted in the session that the control of the market was requested considering the effects that the Russia-Ukraine war would bring.

At the projected risk of uncontrolled price increases, this board has acted a total of 94 times.

But the constitutional court assesses that the act was not issued under the conditions of an obvious emergency, which, if it was such, should have been assessed by the Albanian parliament.

The Constitutional Court mentions that the impact of the Russia-Ukraine war also brought measures in countries such as North Macedonia, the Czech Republic, Slovakia, the Netherlands and others, but with a significant difference compared to Albania.

Albania did not specifically analyze what impact the war brought on the domestic market and the consumer.

During this decision-making, the judges were divided into majority and minority, especially regarding the emergency state assessment. The two judges in the minority Holta Zacaj and Sandër Beci emphasize that this normative act on the board should have defined a time limit for the effects.

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