The head of Albania’s Constitutional Court, Holta Zaçaj, has caused an uproar by refusing to step down when her term ends on March 10, 2025. She insists her mandate should last until the end of the year, challenging the timeline set by the Supreme Court.
Zaçaj announced on Tuesday that she will ask the Venice Commission for advice on whether she can extend her term. The move has drawn criticism, as the Supreme Court – which appointed her – has already confirmed her mandate ends in March.
Legal confusion
By law, Zaçaj should have declared her position vacant by now to allow time for a new appointment. However, she argues that her term shouldn’t be tied to her predecessor’s. Zaçaj was appointed in 2023 to replace judge Vitore Tusha, whose mandate ended in March 2017.
Critics say this timeline was set to ensure the court’s renewal process, where members are replaced every three years. The Venice Commission had previously approved this system.
Facing backlash
Zaçaj’s refusal has sparked backlash from legal experts and institutions. The Institute for Public and Legal Studies (IPLS) criticised her decision, saying, “The Constitutional Court Chair cannot decide her own mandate.” They added that she should have consulted the full court bench before making any moves.
Her actions, they warn, risk undermining trust in the Constitutional Court and creating further instability.
