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The Constitutional Court has asked to review the draft...
The Constitutional Court overturned the law on medical students. The government decided to stop the departure of recent graduates from the country, but for the Constitutionalist, the penalty for 5 years is acceptable. The Constitutional Court has asked to revise the draft. For this reason, the Assembly has been asked to amend the law within 3 months.
The constitutionalist demands that all deadlines be reviewed. "The measure of suspension imposed by the Court on 14.11.2023 is removed due to today's decision-making. Taking into consideration that, on the one hand, the law in its entirety should begin to produce effects before the end of this academic year, but, on the other hand, the provisions to be repealed make the agreements with the students unenforceable, the Court assessed that assign to the Assembly the obligation to approve the necessary legal changes within 3 months", GJK emphasizes.
Court notice
The Constitutional Court of the Republic of Albania, on 21.12.2023, took into consideration in a public plenary session the case with the petitioner, a group of deputies of the Assembly and a group of students of the Faculty of Medicine, with the object: "Repeal of Article 4, points 1, letter " c", 2, letter "b", 3, letter "b" and Article 5, first sentence, of Law no. 60/2023 "On the special treatment of students who follow the integrated study program of the second cycle "General Medicine" in public institutions of higher education", as incompatible with the Constitution of the Republic of Albania".
The Constitutional Court convened today, on 25.01.2024, assessed that the contested provisions limit the rights to education and employment, guaranteed by Articles 49 and 57 of the Constitution. The restriction is established by law and for public interest, which is related to the state's obligation to guarantee health care to citizens, provided by Article 55 of the Constitution. However, during the process, it was not proven that the limitation is proportional in terms of terms and duration of repayment of employment obligations, since the 5-year term provided by Article 4 of the law is more severe than the need to fulfill the legitimate objective. Starting from the premise that the 5-year term is not proportional and taking into consideration the experience of other countries, where this term does not exceed half the duration of studies, it was judged that the other 3-year terms and 2- years defined in the same article.
In the framework of the proportionality test, the Court has also found that Article 6 of the law has a legal omission. The omission has to do with the lack of objective criteria for priority employment, the financial treatment in the framework of providing the necessary means of living, according to Article 49 of the Constitution, as well as the calculation of the waiting period in the duration of the obligation for employment. The court also analyzed the case from the perspective of the principle of legal certainty and equality before the law.
The suspension measure imposed by the Court on 14.11.2023 is removed due to today's decision-making. Taking into consideration that, on the one hand, the law in its entirety should begin to produce effects before the end of this academic year, but, on the other hand, the provisions to be repealed make the agreements with the students unenforceable, the Court assessed that assign to the Assembly the obligation to approve the necessary legal changes within 3 months.
For these reasons, the Constitutional Court, by majority vote, decided:
Partial acceptance of the request.
Repeal of the words "5 (five) years" in article 4, point 1, letter "b", "5-year" in article 4, point 1, letter "c", "3 (three) years" in article 4, point 2, letter "a", "3-year" in article 4, point 3, letter "b", "2 (two) years" in article 4, point 3, letter "a", "2-year" in article 4, point 3, letter "b", of law no. 60/2023.
Finding the legal omission in Article 6 of Law no. 60/2023 related to the lack of objective criteria for priority employment, financial treatment in the context of providing the necessary means of living, as well as the calculation of the waiting period in the duration of the obligation for employment.
Obligation of the Assembly of the Republic of Albania to approve the necessary legal changes within 3 months from the entry into force of this decision.
Removal of the measure of suspension of the law.
The final decision will be announced as reasoned within the legal deadlines provided by law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended by the Regulation on Judicial Procedures of the Constitutional Court.
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