European Court of Human Rights Finds Violation of Article 6 in Albania's Constitutional Complaint Procedure

Strategic Insights -

The European Court of Human Rights (Third Section) has issued a judgment in the case of Ilia v. Albania, holding that the country's constitutional complaint procedure violates Article 6 § 1 of the European Convention on Human Rights. The case concerned an employment dispute between the applicant, Mr. Bledar Ilia, and the High Council of Justice, where Ilia challenged his contract termination. The applicant complained about his lack of access to the Constitutional Court due to the four-month time-limit for lodging a constitutional complaint.

Key Takeaways:

  • The European Court of Human Rights found a violation of Article 6 § 1 of the Convention in Albania's constitutional complaint procedure.
  • The complaint was related to an employment dispute between the applicant, Mr. Bledar Ilia, and the High Council of Justice.
  • The applicant learned of the Supreme Court's decision on 9 May 2018, but the Constitutional Court held that this was not proof that the decision had been served on him earlier.
  • The Court considered that it is primarily on the Supreme Court to ensure that there is evidence in its case file of the date of service of its decision to the parties.
  • The Court awarded the applicant 3,600 EUR in respect of non-pecuniary damage, plus any tax that may be chargeable, and 2,000 EUR for costs and expenses for the proceedings before the Court.
  • The judgment emphasizes the importance of ensuring access to the Constitutional Court for applicants in employment disputes.

Statistics:

  • The applicant was born in 1979 and lives in Tirana.
  • The Supreme Court dismissed the applicant's appeal on 19 December 2017.
  • The Constitutional Court held that the applicant's constitutional complaint was lodged outside the four-month time-limit, counting from the date the contested Supreme Court's decision was adopted.
  • The applicant claimed 5,600 EUR in respect of pecuniary and non-pecuniary damage and 5,300 EUR in respect of costs and expenses incurred before the Court.
  • The Court awarded the applicant 3,600 EUR in respect of non-pecuniary damage and 2,000 EUR for costs and expenses for the proceedings before the Court.

Sources:

  • European Court of Human Rights, Judgment of 15 July 2025, Ilia v. Albania, Application no. 22824/20
  • European Court of Human Rights, Supergrav Albania Shpk v. Albania, no. 20702/18, 9 May 2023
  • European Court of Human Rights, Azdajic v. Slovenia, no. 71872/12, 8 October 2015
  • European Court of Human Rights, Zela v. Albania, no. 33164/11, 11 June 2024