Types of decisions of the Albanian Constitutional Court and their legal effects

Abstract

The decision-making techniques used by the Albanian Constitutional Court during the exercise of its competences related to the constitutional review of cases under its examination bring to attention the analysis of typology of this court decisions in terms of its role as the guardian of the Constitution.

The purpose of this paper is to provide a comprehensive view over the evolution of typology of Constitutional Court decisions, as defined by the constitutional legislation and jurisprudence. Due to their general binding force, the paper will mainly focus on the analysis of final decisions, as well as on the changes that the justice reform brought in the decision-making ways of the Constitutional Court.

An important place will also be attributed to the legal effects of the Constitutional Court decisions, particularly in cases when it has ruled that the decision to abrogate a certain act will produce consequences on a date other than that of its entry into force.