Constitutional Court throws out the DP’s request over the “virtual minister” Diella

The Constitutional Court has thrown out the request of 39 DP MPs to declare unconstitutional the appointment of the virtual minister Diella. The Constitutional Court argues that it does not have the competence to examine the DP’s request.

Announcement of the Constitutional Court

The Constitutional Court, on 26.05.2026, took into examination in a plenary session on the basis of documents the case with the applicant a group of 39 deputies of the Assembly of the Republic of Albania (Assembly), in the capacity of a constitutional subject of no less than one fifth of the deputies (the applicant), with the object: “Repeal of Article 2 of decree no. 331, dated 12.09.2025, of the President of the Republic of Albania ‘On the appointment of the Prime Minister’, as incompatible with the Constitution of the Republic of Albania. Repeal of Article 1, point 1, second sentence, of decree no. 333, dated 15.09.2025, of the President of the Republic of Albania ‘On the appointment of the Council of Ministers’, as incompatible with the Constitution of the Republic of Albania.”

The Constitutional Court, meeting today, on 08.10.2026, after examining the object of the request, the nature and essence of the claims presented by the applicant, as well as the objections of the interested subjects, noted that:

Firstly, this is a new case, for which it has not had previous positions in the context of artificial intelligence.

Secondly, the use of artificial intelligence cannot change the constitutional and legal order of the exercise of public powers, of responsibility and accountability. The use of a technological tool cannot create, expand, transfer or replace these powers. Such a requirement stems from the principles of the rule of law and legality.

Thirdly, in the specific case, the applicant has claimed, in essence, that through the contested decrees, the President has created a new ministerial structure and has charged the Prime Minister with a responsibility that does not stem from the Constitution or the law, infringing the constitutional powers of other bodies and the constitutional guarantees for the appointment of a minister. Based on these arguments and regardless of the legal basis selected by the applicant, the Court assessed the case according to its nature and object, analysing its powers defined by letters “c”, “ç” and “e” of point 1 of Article 131 of the Constitution.

In the specific case, the Court concludes that the contested formulation is capable of producing an individual legal effect on the Prime Minister, but it does not appear that it has an autonomous constitutive effect for the creation of new powers or structures and, in any case, its effect does not have a normative character. Consequently, the case cannot be examined on the basis of Article 131, point 1, letter “c” of the Constitution.

In conclusion, the Court, by a majority of votes, decided to throw out the request.

The final decision will be announced with reasoning within the legal deadlines provided by law no. 8577, dated 10.02.2000 “On the organisation and functioning of the Constitutional Court of the Republic of Albania”, as amended, and by the Regulation on Judicial Procedures of the Constitutional Court.