An official document of President Bajram Begaj, sent to the Constitutional Court regarding the decree for the November 9 elections, has revealed an unusual tone, beyond legal language. Instead of cold constitutional arguments, the Presidency's material sounds like an act of rebuke and accusation against the Constitutional Court itself — the institution that, according to the Constitution, judges, above all, the legality of state acts.
In the text, the Presidency goes so far as to state that:
“The Constitutional Court is categorically prohibited by the Constitution from creating conflicts, destabilizing the constitutional order, or undermining the lawful exercise of powers by other constitutional bodies.”
It further states that the Court "has set traps for the President" and "has acted flagrantly, with inexplicable motives that defy logic."
Such language, which in any democratic system would be considered pressure on a court, testifies to an unprecedented institutional escalation.
Instead of limiting himself to the limits of the decree's legal protection, the President appears to be accusing the Court of violating the Constitution, placing himself in the position of an arbitrator above the arbitrator — something that the Albanian constitutional order itself does not recognize.
Lawyers and analysts have read this as an open attempt to delegitimize the Constitutional Court ahead of the October 30 decision, in the matter that will determine the fate of its decree on the elections in Tirana.
Essentially, this is no longer a debate about articles 62 or 115 of the Constitution, but a dangerous confrontation between institutions that should be the guarantee of the rule of law.
When the President of the Republic gives himself the role of a court of judges, democracy is no longer under protection — it is under threat.
