Albania’s Constitution of 1998 with Amendments through 2016
Judicial Independence
Article 145. 1. Judges are independent and subject only to the Constitution and the laws. 2. When judges find that a law comes into conflict with the Constitution, they do not apply it. In this case, they suspend the proceedings and send the case to the Constitutional Court. Decisions of the Constitutional Court are binding for all courts. 3. Interference in the activity of the courts or the judges entails liability according to law.
Judicial Council or Parallel Institution
Article 134. 1. Recourse to the Constitutional Court shall be only upon the request of: e. High Judicial Council and High Prosecutorial Council; […] Article 136. 1. The judges of the High Court shall be appointed by the President of the Republic upon proposal of the High Judicial Council, with a 9 years mandate, without the right to re-appointment.
Attorney General’s Office
Article 148. 1. The Prosecution Office exercises criminal prosecution and represents accusation in court on behalf of the state. The Prosecution Office performs other duties in accordance with the law. 2. The Prosecution Office is an independent body, which shall ensure the coordination and control of its actions as well as respects the internal independence of prosecutors to investigate and prosecute, in accordance with the law. 3. The prosecution is organized and functions near the judiciary system. 4. A Special Prosecution Office, which is independent from the Prosecutor General, and an independent investigation unit, shall investigate and prosecute corruption, organized crime and crimes in accordance with article 135 paragraph 2 of the Constitution. The independent investigation unit shall be subordinate to the Special Prosecution Office.