The Constitutional Court has overturned the amendment to the law on the state police that attributed itself to conducting mass surveillance of citizens without the permission of the prosecution and the court.
The law approved by the parliament, the People’s Advocate and the Albanian Helsinki Committee took it to the Constitutional Court, which overturned today. This means that the police cannot eavesdrop on citizens without first obtaining the permission of the prosecution or the court.
In the session held on July 1, the representatives of the Assembly in the Constitutional Court argued that the amendments were approved in order to prevent criminal offenses, but the Constitution clearly stated today when it stated that “The law restricts the constitutional right to privacy, affecting at the same time the principle of legal certainty in terms of the accuracy of the law and the coherence of the legal order.”.
For these reasons, the Constitutional Court decided to accept the requests and to reject the article that was changed in the law on state police. The adoption of the law was accompanied by strong debates and accusations from the opposition, while it has already been repealed.
FULL DECISION
The Constitutional Court of the Republic of Albania in the public plenary session of 01.07.2021 considered the case with the ombudsman and the Albanian Helsinki Committee, with the object:
– Repeal of article 131 of law no. 108/2014 “On the State Police”, as amended, as incompatible with the Constitution of the Republic of Albania and the European Convention on Human Rights.
– Suspension of the implementation of article 131 of law no. 108/2014 “On the State Police”, as amended, until the entry into force of the final decision of the Constitutional Court.
At the end of the review, the Constitutional Court assessed that:
– Article 131, related to article 6, point 29/1, of law no. 108/2014 “On the State Police”, as amended, imposes a restriction on the constitutional right to privacy, not respecting the constitutional criterion “only by law”, according to Article 17 of the Constitution, as the law does not regulate in an exhaustive and clear manner “Special measures”, implemented by the State Police, affecting at the same time the principle of legal certainty in terms of the accuracy of the law and the coherence of the legal order.
For these reasons the Constitutional Court,
VENDOSI:
- Acceptance of requests.
- Repeal of article 6, point 29/1 and article 131 of law no. 108/2014 “On the State Police”, as amended.
- Suspension of the implementation of article 131 of law no. 108/2014 “On the State Police”, as amended, until the entry into force of the final decision of the Constitutional Court.
The reasoned final decision will be announced within the deadlines provided by law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended.
