Saatja: Kadri Nõmm </O=RIIGIKOHUS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=USER04B22299>
Saaja: Kadri Nõmm
Teema: FW: CECC: Preparatory Meeting of the Circle of Presidents as of 28 February 2025
From: CECC <
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Sent: Tuesday, June 3, 2025 5:51 PM
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Cc: Vilma Premti <
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Subject: RE: CECC: Preparatory Meeting of the Circle of Presidents as of 28 February 2025
Dear Colleagues,
We hope this message finds you well.
Please find attached the final summary of the minutes of the CP meeting, as well as the Final Financial Account.
Following the recent meeting of the Circle of Presidents, we would like to provide you with an update regarding the Resolution VI. As agreed, a working group was proposed to explore the potential of existing resources such as CODICES and the Hungarian constitutional case law network, and to consider how these might be further developed or adapted, including the examination of practical and technical aspects, as well as suitable topics and criteria for decision selection. About the composition of this working group, we would like to clarify that based on the proposals made during the meeting—and considering that some delegations had to leave early due to flight schedules—it was agreed as a matter of courtesy and transparency that these delegations would be informed by email and invited to share their views.
Following the above, and considering the feedback received, it was mutually agreed that the matter will be revisited at the next meeting of the Circle of Presidents, allowing all members additional time to reflect and contribute to a shared understanding going forward.
We thank you for your continued engagement and remain at your disposal for any further thoughts or suggestions you may wish to share.
Warm regards from Tirana,
CECC Team
From: CECC
Sent: Friday, April 18, 2025 5:59 PM
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Cc: Vilma Premti <
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Subject: CECC: Preparatory Meeting of the Circle of Presidents as of 28 February 2025
Dear Colleagues,
I hope this message finds you well.
On behalf of the Constitutional Court of Albania, the CECC Team would like to extend once again our deepest appreciation for your participation in the Preparatory Meeting of the Circle of Presidents held on 28 February 2025 in Tirana, and for your valuable contributions to the discussions.
We are pleased to share with you the post-meeting documentation, now available in the official languages of the Conference. Please find attached the following materials:
* The Minutes of the Meeting (EN/FR/DE);
* The Resolutions adopted during the meeting (EN/FR/DE).
Please note that the Final Financial Report of the event, along with the corresponding bank details, will be shared with you in the coming days.
Should you require any additional information or clarification, please do not hesitate to reach out.
We are grateful for your continued engagement and cooperation, and we look forward to working closely with all of you in the lead-up to the XXth Congress.
On this occasion, we would also like to extend our warmest wishes to you and your families for a joyful and peaceful Easter.
With warm regards,
From: CECC
Sent: e diel, 2 mars 2025 2:46 m.d.
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Cc: Vilma Premti <
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Subject: Photos from the Preparatory Meeting of the Circle of Presidents of CECC
Dear Esteemed Colleagues,
First of all, we would like to sincerely thank you all for attending the Preparatory Meeting of the Circle of Presidents of CECC. Your valuable contributions and active participation helped make this meeting both productive and inspiring.
We are pleased to share the photos captured during the event. You can view and download them using the link below:
CECC Albania 28.02.2025 - Google Drive <https://drive.google.com/drive/folders/1jWdsc972GSiG-vypByjLq5A7RmHUBo0i>
These photos highlight some key moments and interactions that reflect the collaborative spirit of our meeting. We hope they serve as a pleasant reminder of the meaningful discussions and connections made.
Should you have any questions or if you need additional information, please do not hesitate to reach out.
Once again, thank you for your time and engagement. We look forward to our continued collaboration and to seeing you in May 2027!
Warm regards from Tirana.
From: CECC
Sent: e mërkurë, 26 shkurt 2025 10:22 p.d.
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Subject: Logistic Note
Dear Esteemed Colleagues,
As planned, please find attached the Logistic Note with the latest updates.
We had intended to share this in a separate email to ensure all logistical details were clearly communicated. We appreciate your attention to these updates as you finalize your arrangements.
Should you need any further information or clarification, please do not hesitate to reach out.
Looking forward to welcoming you soon to Tirana!
From: CECC
Sent: e martë, 25 shkurt 2025 7:08 m.d.
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Cc: Vilma Premti <
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Subject: Supporting Documentation and Recent Communications for the upcoming Preparatory Meeting of the Circle of Presidents
Dear Esteemed Colleagues,
As the upcoming meeting approaches, we would like to inform you that additional supporting documentation has been received following the circulation of the Draft Agenda on February 5, 2025.
Please find once again the accompanying documents of the Draft Agenda as per February 5, 2025:
1. Explanation of the Draft Agenda;
2. Programme;
3. Logistic Note (as updated);
4. List of Participants (as updated);
5. Committee report on Kosovo’s membership application with annexes;
6. Draft List of Observers and Guests;
7. Proposals on Congress Themes (as updated);
8. CV of the proposed General Rapporteur;
9. Proposal by the Constitutional Court of Albania;
10. Proposal by the Constitutional Court of Albania and the Constitutional Court of Türkiye;
11. Proposal by the Constitutional Tribunal of the Republic of Poland;
12. Preliminary Financial Account;
In addition, we would like to inform you that additional supporting proposals and communications has been received following the circulation of the abovementioned Draft Agenda, which will be the subject of discussion at the meeting on February 28, 2025, as follows:
(communications from CECC’s members)
1. Letter from the Constitutional Court of Bulgaria;
2. Letter from the Constitutional Court of Czech Republic;
3. Letter from the Constitutional Court of Romania;
4. Letter from the Constitutional Court of Montenegro;
(other communications)
5. Letter from World Jurist Association
We would like to bring to your attention that, beyond the details provided in the Logistic Note, transportation from the airport to the hotel and vice versa, as well as transportation for activities included in the Program, has been organized and arranged.
Delegations arriving by air will pass through the dedicated VIP line at Tirana International Airport, where they will be welcomed by the staff of the Constitutional Court of Albania.
Delegations arriving by land will be welcomed at the border by the staff of the Constitutional Court of Albania
Delegations led by Presidents/Chief Justices will be escorted by the Republican Guard of Albania and police services as well will be accompanied throughout the event by the Republican Guard of Albania.
Lastly, please be advised that the weather is currently unstable, with the latest forecast indicating a probability of rain.
For any further information or clarification, please feel free to contact us.
Warm regards and see you soon in Tirana.
From: CECC
Sent: e mërkurë, 5 shkurt 2025 4:06 m.d.
To:
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Cc: Vilma Premti <
[email protected] <mailto:
[email protected]> >
Subject: CECC: updated information regarding the supporting documents for the Preparatory Meeting of the Circle of Presidents
Dear Esteemed Colleagues,
Further to our previous communication, we have included, at the request of the Constitutional Tribunal of Poland, their proposal, which has now been added to the agenda for consideration.
In this regard, we are also attaching the proposal from the Constitutional Court of Albania, in collaboration with the Constitutional Court of Türkiye, as initially announced.
For your convenience, please find attached the updated agenda, along with explanatory notes and the updated list of participants.
Additionally, in a forthcoming notification, we will be sending a logistics note with further practical details.
Should you require any further clarification, please do not hesitate to reach out.
We look forward to your valuable participation.
Warm regards,
From: CECC
Sent: e enjte, 30 janar 2025 2:57 m.d.
To:
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Cc: Vilma Premti <
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Subject: CECC: Official Invitation and Supporting Documents for the Preparatory Meeting of the Circle of Presidents
Dear esteemed colleagues,
We are honored to present to you an important communication from Ms. Holta Zaçaj, President of the Constitutional Court of Albania, regarding the forthcoming Preparatory Meeting of the Circle of Presidents of the Conference of European Constitutional Courts. This meeting is set to take place on Friday, February 28, 2025, in Tirana, Albania.
Please find attached the following documents for your careful review:
* Formal Invitation
* Draft Agenda
* Supporting Documents
These documents contain essential information regarding the meeting’s structure and objectives. We kindly encourage you to review them ahead of the meeting and submit any proposals or comments for consideration.
Should you require any further clarification or assistance, please do not hesitate to contact the organizing team at
[email protected] <mailto:
[email protected]> .
We eagerly look forward to your valuable participation and to a productive and fruitful dialogue on this significant occasion.
Warm regards from Tirana,
<https://akshi.gov.al/Email_Signature_white_v_edit.png>
Informacioni i trasmetuar në përmbajtje të këtij mesazhi është i destinuar vetëm për individin ose për institucionin të cilit i është nisur, mund të përmbajë materiale konfidenciale dhe / ose të privilegjuara vetëm për marrësin. Çdo rishikim, trasmetim, shpërndarje apo kryerje e ndonjë veprimi tjetër të ngjashëm me këto, nga personat apo nga subjekte të tjera të ndryshme nga marrësi i synuar, është i ndaluar. Nëse merrni gabimisht këtë mesazh, ju lutem kontaktoni urgjentisht dërguesin e tij dhe fshini çdo material të trasmetuar në kompjuterin tuaj. Ne nuk pranojmë asnjë detyrim lidhur me dëmtimin apo humbjen e shkaktuar nga programe të dëmshme apo nga viruse, përveç rastit të neglizhencës së plotë, apo sjelljes së gabuar dhe të qëllimshme.
________________________________
The information transmitted in the content of this message is intended only for the individual or the institution to whom it is addressed, may contain confidential and/or privileged material for the recipient only. each review, transmission, distribution or performance of any other action similar to these, by persons or by entities other than the intended recipient, is prohibited. If you receive this message in error, please contact the sender immediately and delete any transmitted material on your computer. We do not accept no liability related to damage or loss caused by harmful programs or viruses, except in the event of gross negligence, or willful misconduct
Minutes of the Preparatory Meeting of the Circle of Presidents
Tirana, 28 February 2025
(10:00 – 14:00)
Summary of the Preparatory Meeting of the Circle of Presidents
The meeting was opened at 10:00 by the President of the Constitutional Court of Albania, Ms
Holta ZAÇAJ, who extended a warm welcome to all distinguished presidents and colleagues. She
expressed profound honor in hosting the gathering of the Circle of Presidents of the Conference of
European Constitutional Courts.
Ms Zaçaj emphasized that the constitutional courts represent not only national institutions but also
a collective responsibility to uphold shared values such as human dignity, the rule of law, and
democratic values. The role of constitutional courts in strengthening democracy and human rights
across Europe and the world was highlighted, with an emphasis on the opportunity for courts to
innovate, uphold judicial independence, and enhance fundamental rights.
I. Adoption of the Agenda of the Preparatory Meeting of the Circle of Presidents
The President initially stated that all have received all the documents, the agenda and the proposal
of ranking of the topics. Additionally, she stated that a quorum was confirmed with 32 out of 40
courts represented, which met the requirement of more than half of the members being present as
foreseen by Article 9(6) of the Statute of the Conference of European Constitutional Courts.
Furthermore, it was shared that the Constitutional Court of Romania had sent a letter stating that
it would not be able to attend the meeting. Therefore, its vote would be cast by the President of the
Constitutional Court of Moldova, as per the delegation.
The issue of voting by proxy was raised and discussed. It was concluded that non-present members,
in accordance with the conference’s statute, could not vote. The Constitutional Court of
Montenegro also sent a letter informing that it could not vote on item two of the agenda due to an
incomplete composition, but as Montenegro was absent from the meeting, its vote was not
considered.
After addressing these procedural matters, the agenda was opened for approval.
1
Mr Bojan JOVIC (Serbia) speaking on behalf of the President of the Constitutional Court of
Serbia, objected to item II of the agenda, which concerns Kosovo’s application for membership by
stating that this item should be removed and as well putting the adoption of the agenda to a halt
item by item. He argued that Kosovo’s Constitutional Court did not meet the requirements for
CECC membership under articles 6.2 and 6.3 of the statute, and that Kosovo’s application should
be rejected. In addition, he presented the argument that Kosovo is an integral part of Serbia under
both international law and United Nations Security Council Resolution 1244, and therefore,
Kosovo could not be considered for membership.
Ms Corinne LUQUIENS (France), stated we are now discussing about the approval of the
agenda and our colleague has already expressed opinion on the second point of the agenda that is
the admission or not of the Kosovo court in our institution. There’s no reason why we shouldn't
approve the agenda and then we'll discuss, the topic of the admission of Kosovo.
Mr Christoph GRABENWARTER (Austria), agreed with what Ms Corinne said, and reminded
that last time in Moldova its was endorsed to have a report and this concerns in particular item II.2
of the agenda. He suggested to approve the agenda as a whole and to include a simple additional
word in item II.3 saying: discussion and possible approval.
Ms. Holta ZAÇAJ (Albania) proposed to approve the agenda as a whole with the only
amendment under point II.3 by including the wording “discussion and possible approval” and put
it to the vote mentioning that decisions can be taken by a majority of two thirds of members present
at a meeting. Abstentions shall be counted as negative votes.
Vote: FOR - more than 2/3 of the members. The agenda has been approved.
Thus, the original agenda was accepted as it stood, with only a minor clarification made to item
II.3.
II. Application for admission to the Conference of European Constitutional Courts
After the agenda was approved, the President of the Constitutional Court of Kosovo, Mr Nexhmi
REXHEPI, was invited to present Kosovo’s application for membership in the Conference of the
European Constitutional Courts. Mr. Rexhepi expressed gratitude for being allowed to present
Kosovo’s case and emphasized the significance of the application, which had been pending since
2011. He highlighted that Kosovo’s Constitutional Court meets the criteria laid out in the CECC
statute for membership and reaffirmed Kosovo’s commitment to the values upheld by the
conference.
Mr. Rexhepi was reminded that his presentation should be brief and focused on explaining why
Kosovo’s Constitutional Court met the criteria for membership. He was asked to keep his remarks
within five minutes. He pointed out that the application, which had been pending for over a decade,
was now an important issue that needed to be discussed in person. Mr. Rexhepi’s presentation was
expected to shed light on Kosovo’s efforts to align with the values of the CECC. In closing, he
emphasized that Kosovo’s application is not about seeking political recognition but about joining
a legal community devoted to democracy, the rule of law, and human rights. The Constitutional
2
Court of Kosovo, he affirmed, has proven itself a protector of these values and remains steadfast
in its constitutional mission regardless of the outcome of the meeting. The speaker was then
thanked and asked to leave the room to allow the session to continue.
Following the meeting after the President of the Constitutional Court of Kosovo left the room, Ms
Holta ZACAJ (Albania) resumed with agenda item II.2, concerning the committee’s report. She
explained that seven countries — Italy, Latvia, Belgium, France, Türkiye, Albania, and Monaco —
were tasked with assessing Kosovo’s eligibility for membership based on Article 6 of the CECC
statute. The report was unanimously approved and distributed to members beforehand.
She proceeded to outline the committee’s methodology. The assessment covered both formal legal
frameworks (Constitution, organic law) and judicial practice, focusing on 30 court decisions
submitted by Kosovo. The analysis sought to verify whether constitutional principles were
reflected not only in law but also in practice.
The Constitutional Court of Kosovo was found to exercise jurisdiction not only in abstract
constitutional review but also over individual complaints and institutional conflicts. Its
jurisprudence has shown significant independence, including in decisions against executive
institutions like the government and the president. The committee emphasized that this
demonstrates genuine judicial independence and courage.
The report also highlighted that the CECC’s statute does not condition membership on statehood
— a principle rooted in the technical and apolitical nature of the conference. Ms Holta Zacaj
rhetorically asked, “Who is delivering constitutional justice to the citizens of Kosovo?” and
affirmed that the answer is indeed the Constitutional Court of Kosovo. Therefore, she concluded
that the Court should be included in the CECC to enrich mutual constitutional learning and
improve access to justice.
The report concludes that Kosovo’s Constitutional Court meets all membership criteria under the
CECC statute. All seven committee members voted in favor of its inclusion, without any
reservations.
With no questions raised about the report, the floor moved to discussions and voting. The first to
speak was the representative of the Constitutional Court of Serbia, Mr Bojan JOVIC, who read a
prepared statement. He acknowledged the difficulty of entirely separating politics from the
evaluation of Kosovo’s application but insisted that legal principles must ultimately prevail.
Serbia’s argument centered on the notion that accepting Kosovo’s court based on formal political
recognition would deviate from the CECC’s founding principles. The Serbian representative
claimed that Kosovo’s application does not meet Article 6 of the statute and warned that accepting
it could undermine the credibility of the conference itself.
Serbia continued its opposition by arguing that membership should be limited to constitutional
courts from countries that are members of key international organizations like the United Nations
and the Council of Europe. Kosovo, they noted, is a member of neither. Referencing UN Security
Council Resolution 1244, Serbia maintained that Kosovo cannot be considered a European
3
Constitutional Court under international law. The principle of territorial integrity, they argued,
must apply equally to all states.
The speaker invoked a historical precedent: after the dissolution of Yugoslavia, Serbia was denied
CECC membership until it joined the UN and the Council of Europe – even though it was widely
recognized as an independent state. Serbia questioned why Kosovo should now be treated
differently. A historical summary followed, highlighting several past rejections or postponements
of Kosovo’s application:
In 2011, the matter was postponed.
In 2015 and 2017, Kosovo’s request was excluded from the agenda.
In 2018, it was again unanimously excluded from the draft agenda.
In 2021, an online vote failed to reach the required two-thirds majority.
In 2022, Kosovo submitted another application, leading to the October 2023 decision to
form the current committee and produce the present report.
Mr Bojan JOVIC (Serbia) stated that Kosovo’s Constitutional Court does not meet the legal
requirements under Article 6 of the statute and warned against abandoning principle for political
expedience. He reiterated the court’s longstanding legal position opposing the application of the
"so-called Constitutional Court of Kosovo" for full membership in the CECC. He emphasized that
despite multiple attempts over the past decade, the application has never achieved the required
two-thirds majority. He recalled that three official votes on the membership and other procedural
votes on whether to even include the application on the agenda have consistently failed to pass.
The representative argued that no significant change in international status or legal framework has
occurred since the last decision on the matter, which was less than nine months ago in Moldova.
Citing the still-valid UN Security Council Resolution 1244 and Kosovo’s non-membership in
either the UN or the Council of Europe, the Serbian representative underscored that the core
conditions for reconsideration have not changed. He referenced Article 6, Paragraph 1 of the CECC
statute, which calls for consistency with prior conference practices, and reiterated the opinion of
Spanish Judge Antonio Luis Ramos that recognizing Kosovo’s court would amount to implicit
recognition of Kosovo’s statehood—an act that is politically and legally premature according to
Serbia.
Ms Laura DIEZ BUESO (Spain), reaffirmed their country’s consistent stance against the
inclusion of Kosovo’s court, citing Spain’s non-recognition of Kosovo. Although she
acknowledged understanding the rationale and efforts of the report and the broader legal debate,
she noted that national policy dictates a vote against the application.
Following Spain’s remarks, Ms Holta ZAÇAJ (Albania), clarified and highlighted several facts
from the committee’s report, including the 2010 International Court of Justice advisory opinion
stating that Kosovo’s declaration of independence did not violate international law, Kosovo’s
membership in the Balkan Forum of Constitutional Courts, and the Council of Europe
Parliamentary Assembly’s recommendation that Kosovo be invited to become a member. These
facts were reiterated to balance the lengthy legal objections raised by Serbia.
4
Serbia’s delegate responded to the mention of the ICJ opinion by pointing out that the same
advisory opinion also stated that Kosovo remains under international administration per UN
Resolution 1244. Furthermore, Serbia invoked Article 6, Paragraph 2 of the CECC statute, which
states that only one institution per country may be granted full or associate membership. The
Serbian representative argued that if Kosovo were admitted, it would effectively result in two
institutions from one country—Serbia—being recognized, thus violating the statute.
A committee member, Ms Corinne LUQUIENS (France), intervened by clarifying that the
prolonged debate surrounding Kosovo’s application is not an argument against Kosovo but rather
a testament to its determination to join the CECC. She emphasized that Article 6 does not require
recognition by the UN or Council of Europe, but rather assesses whether a court meets
constitutional justice standards and upholds the principles of judicial independence. She expressed
her confidence in the committee’s report, which she supported, stating that Kosovo has met the
necessary criteria for membership.
Mr Christoph GRABENWARTER (Austria), recalled the evolution of the debate from its initial
appearance on the CECC agenda in 2011 to the current more technical and less emotionally
charged discourse. He noted that during the Kishinev session, Kosovo’s application received 22
votes in favor and 13 against, a significant development compared to earlier years. He praised the
committee for delivering a legally grounded and balanced report that now serves as a robust basis
for decision-making.In addition, he referenced the April 17, 2024, Parliamentary Assembly of the
Council of Europe decision inviting Kosovo to join, highlighting that today’s context is
substantially different from 2011. The discussion, they argued, now rests on solid legal
foundations, not political emotions.
Mr Jose JOAO ABRANTES (Portugal), aligned with previous speakers who supported
Kosovo’s inclusion, emphasizing the purely legal and technical nature of the discussion. He
praised the committee’s report for its clarity, particularly its conclusion that recognition of Kosovo
as a state is irrelevant to the admission criteria. He reminded the audience that Kosovo’s
Constitutional Court is already a full member of the World Conference on Constitutional Justice.
Touching on international precedents, he mentioned that Switzerland only joined the United
Nations in 2002, showing that UN membership is not a necessary condition for participation in
international bodies. He acknowledged Serbia’s concerns and complex historical grievances but
insisted that these issues should not preclude Kosovo’s membership in the CECC.
Mr Jean-Philippe DEROSIER (Monaco) speaking on behalf of the Supreme Tribunal of
Monaco, offered a brief statement. He aligned with the previous comments made by colleagues
from France, Austria, and Portugal, and confirmed that Monaco would approve the membership
of the Constitutional Court of Kosovo. This statement was made in the context of the ongoing
discussions about Kosovo’s eligibility and the criteria necessary for membership. He emphasized
that the position taken by Monaco was not personal but rather an official stance from both the
Tribunal and the State of Monaco. The representative further clarified that, as a participant in the
Committee that prepared the report, they wished to confirm that Kosovo’s Constitutional Court
fulfilled all the criteria set forth in Article 6 of the Statutes of the Conference. Mr Jean-Philippe
Derosier outlined the key criteria:
5
1. Is it a European Constitutional Court or a similar European institution? The answer
is yes.
2. Does it exercise constitutional jurisdiction? The answer is yes.
3. Does it review the conformity of legislation? The answer is yes.
4. Is it guided by the principle of judicial independence? The answer is yes.
5. Is it bound by the fundamental principles of democracy? The answer is yes.
6. Is it bound by the rule of law? The answer is yes.
These criteria, outlined in Article 6, Paragraph 1(a), were confirmed as being fully met by
Kosovo’s Constitutional Court. Additionally, he noted that Article 6, Paragraph 2, which specifies
that only one institution from each country may be granted membership, does not require statehood
but simply the status of being a recognized country. Given that the Republic of Kosovo is
recognized as a country, this criterion was also satisfied.
The statement concluded with a reminder of the remarks made by President Grabenwarter
(Austria) and the Resolution of April 7, 2024, which acknowledged Kosovo’s invitation to join
the Council of Europe. Based on these factors, the Supreme Tribunal of Monaco confirmed its
support for the membership application and expressed its intention to approve the Constitutional
Court of Kosovo as a member of the Conference.
Mr Thierry HOSCHEIT (Luxembourg), began by emphasizing that the report before them was
excellent, showing that the Kosovo Constitutional Court meets all the institutional requirements
and fulfills the criteria set by their association. Those who had previously opposed Kosovo’s
admission were no longer contesting these conclusions, which the speaker found to be an important
point. The arguments against Kosovo’s membership had been based on interpretations of the
statutes and public international law. He expressed that these arguments were unconvincing but
acknowledged that the representative from Monaco had already addressed these issues effectively.
He introduced an additional point to the discussion: the fundamental purpose of their work. He
asked, “Why are we here?” and emphasized that they were there for the people living within their
territories. Where there is a court ensuring the rule of law and democratic principles, it is their
responsibility to support that court. Public support for such courts is crucial to increase their
legitimacy among the people they serve. Mr Hoscheit concluded by reminding everyone that their
role was not to serve the interests of states or governments but to serve the people. This, he
emphasized, should be the guiding principle in their decision-making.
Mr Giovanni AMOROSO (Italy), expressed thanks to President Zaçaj for her leadership of the
committee. Mr Amoroso stated that the objection of the Constitutional Court of Serbia is not futile,
and cannot be underestimated. But in the meantime, it's necessary to stress that the purpose of the
conference is not political. It's a cultural meeting of constitutional judges in order to stress the
dialogue between the judges. So, the decision of admitting the Constitutional Court of Kosovo in
the conference does not affect at all the political problem which is outside. Furthermore, he stated
that there are different places and tables for discussing. The conference is a place where jurists
who are also constitutional judges exchanges experience and method of constitutional review.
6
Ms Réka VARGA (Hungary) announced that, out of respect for neutrality, it would not
participate in the vote. The Hungarian delegate emphasized this was not a sign of disrespect but a
reflection of its constitutional mandate to remain neutral.
Mr Bojan JOVIC (Serbia) reiterated its longstanding position: that Kosovo is not a state and
therefore does not meet the requirements under Article 6. He questioned the consistency of the
Conference’s approach, referring to Switzerland’s admission in earlier years when it was already
a member of the Council of Europe. Serbia warned about potential complications if constitutional
courts from federal entities (e.g., in federations with multiple courts) were to apply in the future,
asking rhetorically if such applications would be accepted as well. The Serbian delegate closed by
reiterating opposition to the Kosovo Court’s membership.
Ms Holta ZAÇAJ (Albania), noted that, if there were no further comments and considering the
importance of time, she proposed to proceed with the vote. Regarding the modus operandi for the
voting, she proposed going one by one to take notes on how each country votes to ensure a proper
counting of votes.
Vote: FOR - 25 members, AGAINST – 4 members, ABSTAIN – 2 members
The vote was conducted in a roll-call format to ensure clarity and accuracy. A total of 31 members
voted, with 25 in favor, 4 against (Serbia, Azerbaijan, Spain, and Moldova), 2 abstentions
(Slovakia, Poland). Hungary had left the room and did not participate. Based on the results, Kosovo
was officially admitted as a full member of the Conference of European Constitutional Courts.
Following the vote, Ms Zaçaj (Albania) proposed inviting Mr Rexhepi (Kosovo) to join the
session as a full member. The session concluded with an invitation for a family photo, a coffee
break, and then a return to the remaining agenda items
III. Selection of the XXth Congress Theme
Ms Zaçaj (Albania) opened the discussion regarding the selection and possible approval of the
main theme for the 20th Congress. Albania, as the host country, had compiled and circulated the
proposed topics from all participating constitutional courts. Given time constraints, she decided to
read the proposals aloud instead of giving the floor to each delegation. Albania suggested several
topics, including the rule of law in the era of artificial intelligence, threats to democracy from fake
news and electronic democracy, the contribution of constitutional justice to fundamental rights,
interpretative limits of constitutional justice, and the defense of democracy by constitutional
courts—all under the broader concept of the “new frontier of constitutionalism.” Germany
proposed “freedom of expression and freedom of the press,” with social media as a subtopic.
Lithuania submitted three topics: artificial intelligence and human rights, sustainability and
consistency in constitutional case law, and the tension between national security and human rights.
Azerbaijan proposed two themes focused on artificial intelligence in constitutional justice—both
as a subject and its procedural applications.
Mr Ivan FIAČAN (Slovakia), was the first to comment, noting that artificial intelligence is
undoubtedly a pressing issue but may be premature for detailed discussion in 2027, as many courts,
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including theirs, have not yet adjudicated any cases involving AI. Instead, he favored two themes:
Albania’s proposal on the interpretative limits of constitutional justice and Germany’s proposal on
freedom of expression, considering them more concrete and conducive to meaningful exchange.
Ms Ines HÄRTEL (Germany) expressed strong support for the theme of fake news as a growing
threat to democracy, emphasizing how misinformation, especially on social media, undermines
elections globally. She proposed merging their topic on freedom of expression with Albania’s on
fake news, arguing that fake news is an abuse of freedom of expression. Germany even offered to
withdraw their original proposal as a stand-alone topic and instead reframe it as a subtopic under
a broader theme like “Threats to Democracy.”
Latvia, Hungary, Austria, and Portugal echoed support for this combined approach. Latvia
emphasized the importance of “Defense of Democracy by Constitutional Courts,” suggesting that
fake news could be integrated as a subtheme. Hungary stressed that the topics should be focused
enough to ensure that courts are discussing the same issues. Austria and Türkiye also supported
merging the German and Albanian proposals, noting the importance of addressing freedom of
expression in the age of social media.
There was a consensus forming around the need to address fake news, its impact on democracy,
and the role of constitutional courts. It was proposed that the Congress concentrate on freedom of
expression and the limits of constitutional justice, particularly through the lens of fake news and
its implications for democratic processes. Ms Holta ZAÇAJ (Albania) proposed the formulation:
"Freedom of Expression and Fake News as Threats to Democracy" and put it to a vote.
Vote: Unanimously. The theme has been approved
IV. Preparation of the XXth CECC Congress
Ms Holta ZAÇAJ (Albania) proposed holding the Congress in Tirana in the first week of May
2027. After discussion, it was proposed to meet on May 3–5, 2027 (Monday to Wednesday). The
proposed languages of the meeting are French, English and German, alongside Albanian as the
language of the host country. Interpreting into another language can also be arranged, the costs
will be incurred by the member requesting translation. Regarding the theme of the XXth Congress,
a detailed questionnaire will be created and will be circulated to individual member courts; the
questionnaire will serve as a basis for the elaboration of the reports of individual constitutional
courts - members. The Constitutional Court of Albania will prepare and issue a questionnaire for
the XXth Congress of the Conference of European Constitutional Courts. The questionnaire will
be sent to the member courts for their comments by October 2025. Member courts are requested
to submit their comments by December 2025. Following the incorporation of these comments,
the final version of the questionnaire will be distributed to the individual member courts for
processing no later than February 2026. The completed questionnaires must be returned to the
Secretariat of the Conference of European Constitutional Courts by December 2026. Submissions
should be made in the national language of the member court, as well as in English or French. It
is proposed that the judge of the Constitutional Court of Albania, Ms Marsida Xhaferllari, is
appointed the General Rapporteur; the role of the General Rapporteur will be to transform these
questionnaires in the final report. As far as the agenda itself is concerned, it is proposed that XXth
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Congress starts by an opening ceremony and ends by a special meeting of the Circle of Presidents.
The Congress will be organized in sessions followed by plenary discussions. A list of observers
and guests will be invited to the Congress. The list will be attached to the respective Resolution.
Ms Pavlina PANOVA (Bulgaria) proposed inviting the Balkan Constitutional Court Forum as an
observer. This forum, founded in Sofia in 2023. She emphasized the strategic importance of the
Balkan Constitutional Court Forum, particularly in enhancing regional cooperation among
constitutional jurisdictions. She noted that although many Balkan Forum members are already part
of the Conference of European Constitutional Courts, the added value of the Forum lies in its
regional focus. The aspiration of Balkan countries to be active participants in European legal
initiatives was highlighted as a driving motivation.
Mr Jean-Philippe DEROSIER (Monaco) proposed to invite the Global Network on Electoral
Justice as an observer, describing it as an international organization founded by Mexico's federal
electoral tribunal. This network includes CECC member institutions like the French Constitutional
Council and Spain’s electoral body. He noted its relevance given the upcoming Congress theme
of freedom of speech and fake news.
Vote: FOR - more than 2/3 of the members. All proposals have been approved.
In addition, The Turkish delegation proposed recognizing a new association, the Conference of
Constitutional Jurisdictions of the Turkic World (TURCAI), as an observer within the Congress.
The Azerbaijani delegation strongly supported the Turkish proposal, noting their upcoming
presidency of TURCAI and expressing hope that the other members would approve this inclusion.
The Chair then moved to vote on the proposal, clarifying that the body needed to decide whether
TURCAI should be granted observer status. With more than two-thirds of the votes against, the
proposal was not approved. The Chair suggested it could be reconsidered in the future with more
information.
V. Approval of the budget of the Preparatory Meeting of the Circle of Presidents
Ms Holta ZAÇAJ (Albania) discussed the budget report and approval of the costs of the meeting
of the Circle of Presidents. The general costs related to the organization of the Preparatory meeting
of the Circle of Presidents of the Conference of European Constitutional Courts which took place
in Tirana on 28 February 2025. These costs will be distributed pro rata among the full members of
the Conference of European Constitutional Courts who participated in the meeting of the Circle of
Presidents, according to the number of members of each delegation.
All other costs associated with the meeting of the Circle of Presidents of the Conference of
European Constitutional Courts held in Tirana on 28 February 2025 and the costs associated with
the accompanying program will be borne by the Constitutional Court of Albania.
The Constitutional Court of Albania will present to all the members the preliminary draft budget
of the XXth Congress of the Conference of European Constitutional Courts by April 2026.
Vote: Unanimously. The proposal has been approved
9
VI. Proposal submitted by members
Ms Holta ZAÇAJ (Albania) presented a proposal regarding the CECC’s website. She began by
sincerely thanking the Czech Constitutional Court for its invaluable contribution to archiving and
structuring CECC materials on its website. She proposed that that the CECC website should be
actively updated by the presiding court to reflect current developments and activities, promoting
transparency and public access. While the Czech Constitutional Court, which hosts the current
website, emphasized technical and cybersecurity concerns, other delegations—such as Hungary,
Portugal, and Austria—suggested finding a collaborative solution through a small committee. In
response, Albania agreed to withdraw the proposal for now and to work with the Czech Republic
and possibly with Hungary to examine the situation and prepare proposals on this topic.
During the meeting, Austria, the Czech Republic, and Slovenia announced they had to leave due
to flights departing at 3:00 PM and subsequently left the meeting. The meeting then continued
according to the approved agenda with the presence of 30 members instead of 33.
Following the withdrawal of the website management proposal, Ms Holta ZAÇAJ (Albania)
introduced a new joint proposal from Albania and Türkiye by proposing the creation of CECC-
specific bulletins summarizing key decisions across constitutional courts. These bulletins would
include concise summaries, thematic keywords, and legal maxims (or ratio decidendi) drawn from
individual cases. Albania has already implemented a similar system within its own Constitutional
Court, producing bilingual bulletins with summaries and core legal principles. The long-term goal
would be to build a searchable repository of summarized jurisprudence reflecting the full
jurisdiction of constitutional courts, including individual complaints and abstract review of
legislation—an area where ECtHR references often fall short. This would be especially useful for
younger courts seeking comparative insights beyond the ECtHR framework. She stated that the
proposal did not seek immediate adoption. Instead, Albania suggested forming a working group
or committee to explore the feasibility and design of this initiative. The results could then be
presented for a vote at the next Congress or Circle of Presidents.
Several participants express concerns about the capacity of their courts to contribute to such an
initiative, especially in light of existing commitments to databases like CODICES. Ms VARGA
(Hungary) underscores that their court already contributes to multiple databases and has limited
resources to take on additional projects. She suggests building on existing frameworks, such as
CODICES, to avoid redundant efforts. She advocates for leveraging these databases to avoid
asking courts to repeatedly summarize their decisions. They also recommend that any new
initiative be developed based on the existing network to make the process more manageable and
sustainable.
This idea is echoed by other members, who stress the importance of careful planning and resource
assessment before moving forward. The consensus is that while the idea is promising, its practical
implementation must account for the varying capacities of different courts. The Hungarian
representative highlights an existing database called the “European Constitutional Communication
Network”, which already contains 915 decisions from constitutional courts in Central Europe,
including countries like Hungary, Czech Republic, Slovakia, and others. This database is
organized by topics such as freedom of expression, protection of property rights, and freedom of
religion, among others. The Hungarian court representative suggests that rather than starting from
scratch, it would be beneficial to explore whether this or other existing resources can be integrated
10
or linked to enhance cooperation across courts. They also propose a careful, exploratory approach,
advocating for a small working group to evaluate the feasibility of combining existing resources
and databases. The goal would be to avoid duplicating efforts and to ensure that the capacity of
each participating court is respected. The Hungarian representative offers a video presentation of
their website to help others understand how their database works and how it could potentially serve
as a model for further collaboration.
Germany also supports the idea but shares concerns regarding the capacity of staff at their court.
They emphasize that while the idea is valuable, it might not provide significant added value at the
moment. She explained that their court already contributes to CODICES and other networks, and
additional efforts may be beyond their current capabilities.
Following the previous contributions, it was suggested setting up a small working group/committee
to explore the proposal further, considering the existing resources and databases already in place.
A small committee is proposed to take this initiative forward. The goal is not to immediately vote
on the proposal but to start a focused exploration of how the idea could be implemented in a way
that respects the capacities of all courts involved. The working group would present their findings
at the next meeting for further discussion and potential approval.
Vote: Unanimously. The proposal has been approved
The members continued discussions regarding the participation of member courts in the proposed
committee. A preliminary list of potential participants included Albania, Türkiye, Poland and
Hungary were proposed. The Hungarian delegation expressed provisional agreement, noting that
formal confirmation would follow. Austria, the Czech Republic, and Slovenia were also mentioned
during the discussion, based on suggestions from the floor. However, it was noted that these
delegations had already left the meeting due to scheduled flights at 15:00, and their participation
will need to be confirmed directly by the respective courts. The final composition of the committee
will be confirmed once all interested members will have the opportunity to respond.
During the meeting, Mr Bogdan ŚWIĘCZKOWSKI, President of Poland’s Constitutional
Tribunal raised concerns about political interference following the 2023 parliamentary elections,
which threatens the tribunal’s independence. A proposal was made to adopt a resolution expressing
solidarity with the Polish tribunal and reaffirming the commitment to judicial independence.
The Circle of Presidents took note of the situation; recognized the complexity of the situation and
agreed that it should be addressed through appropriate legal channels. It was widely agreed that no
formal action or resolution should be taken at this stage.
The President, Ms Holta Zaçaj thanked all the attendees for their participation and closed the meeting.
Preparatory Meeting of the Circle of Presidents ended at 14:00.
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Participants to the Meeting
Representatives of the presiding court:
1. Holta Zaçaj, President of the Constitutional Court of Albania
2. Marsida Xhaferllari, Judge of the Constitutional Court of Albania
3. Vilma Premti, Chief of Staff of the Constitutional Court of Albania
4. Anila Alliu, Advisor to the President of the Constitutional Court of Albania
Heads of present delegations:
1. Joan Manel Abril Campoy, President of the Constitutional Tribunal of Andorra
2. Vahe Grigoryan, Vice President of the Constitutional Court of Armenia
3. Christoph Grabenwarter, President of the Constitutional Court of Austria
4. Farhad Abdullayev, Chairman of the Constitutional Court of Azerbaijan
5. Luc Lavrysen, President of the Constitutional Court of Belgium
6. Pavlina Panova, President of the Constitutional Court of Bulgaria
7. Mato Arlović, Deputy President of the Constitutional Court of Croatia
8. Josef Baxa, President of the Constitutional Court of the Czech Republic
9. Villu Kõve, Chief Justice of the Supreme Court of Estonia
10. Corinne Luquiens, Membre of the Constitutional Council of France
11. Ines Härtel, Justice of the Federal Constitutional Court of Germany
12. Réka Varga, Vice President of the Constitutional Court of Hungary
13. Iseult O’Malley, Justice of the Supreme Court of Ireland
14. Giovanni Amoroso, President of the Constitutional Court of Italy
15. Nexhmi Rexhepi, President of the Constitutional Court of Kosovo
16. Irēna Kucina, President of the Constitutional Court of Latvia
17. Hilmar Hoch, President of the Constitutional Court of Liechtenstein
18. Gintaras Goda, President of the Constitutional Court of Lithuania
19. Thierry Hoscheit, President of the Constitutional Court of the Grand Duchy of Luxembourg
20. Domnica Manole, President of the Constitutional Court of Moldova
21. Jean-Philippe Derosier, Member of the Supreme Tribunal of Monaco
22. Jan Willem Jurg, Head of External Relation of the Supreme Court of the Netherlands
23. Darko Kostadinovski, President of the Constitutional Court of North Macedonia
24. Bergljot Webster, Justice of the Supreme Court of Norway
25. Bogdan Święczkowski, President of the Constitutional Tribunal of Poland
26. Jose Joao Abrantes, President of the Constitutional Court of Portugal
27. Snežana Marković, President of the Constitutional Court of Serbia
28. Ivan Fiačan, President of the Constitutional Court of Slovakia
29. Rok Čeferin, President of the Constitutional Court of Slovenia
30. Laura Diez Bueso, Judge of the Constitutional Tribunal of Spain
31. François Chaix, President of the Federal Court of Switzerland
32. Kadir Özkaya, President of the Constitutional Court of Türkiye
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Constitutional courts the representatives of which are not present:
1. Constitutional Court of Bosnia and Herzegovina
2. Supreme Court of Denmark
3. Constitutional Court of Georgia
4. Constitutional Court of Malta
5. Constitutional Court of Montenegro
6. Constitutional Court of the Republic of Cyprus
7. Constitutional Court of Romania
8. Constitutional Court of Ukraine
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Agenda
I. Adoption of the Agenda of the Preparatory Meeting of the Circle of Presidents
[Article 9 of the Statute, Article 10 of the Conference Regulations]
II. Application for admission to the Conference of European Constitutional Courts
II.1 Presentation of the membership application by the President of the Constitutional
Court of Kosovo, Mr. Nexhmi Rexhepi
II.2 Presentation of the report of the committee established under Resolution III of the
Circle of Presidents (22 May 2024, Chisinau), by Ms Holta Zaçaj, Chair of the
Committee
II.3 Discussion and possible approval of the membership application of the
Constitutional Court of Kosovo
III. Selection of the XXth Congress Theme [Article 9(2), letter (c) of the Statute]
IV. Preparation of the XXth CECC Congress
IV.1 Date and Venue of the Congress [Article 9(2), letter (c), Article 9(5) of the Statute]
IV.2 Adoption of conference languages [ Article 9(2), letter (c) of the Statute; Article
12 of the Conference Regulations]
IV.3 Roadmap and timeline for the questionnaire [Article 3 of the Conference
Regulation]
IV.4 Date for the submission of national reports [Article 3 of the Conference
Regulations]
IV.5 Designation of the General Rapporteur (s) [Article 3 of the Conference
Regulations]
IV.6 Organization of the XXth Congress [Article 4 of the Conference Regulations]
IV.7 Invitation of the Observers and Guests to the Congress [Article 9(2), letter (b) of
the Statute; Article 5(1)(2) of the Conference Regulations]
IV.8 Invitation of the Venice Commission to continue its cooperation with the
Conference of the European Constitutional Courts and to prepare and present a special
bulletin for the XXth Congress
V. Approval of the budget of the Preparatory Meeting of the Circle of Presidents
VI. Proposals submitted by the members of the Conference of European
Constitutional Courts
VII. Miscellaneous
14
Preparatory Meeting of the Circle of Presidents
Tirana, 28 February 2025
FINAL FINANCIAL ACCOUNT
The Circle of Presidents of the Conference of European Constitutional Courts, gathered in
preparation of the XXth Congress of the Conference of European Constitutional Courts on 28
February 2025, in Tirana, unanimously approved the general costs incurred by organizing the
Preparatory Meeting of the Circle of Presidents, as presented by the Constitutional Court of
Albania, and decided that cost will be distributed pro rata among the full members of the
Conference of European Constitutional Courts who participated in the Preparatory Meeting of the
Circle of President according to the number of members of each delegation.
I. Costs to be shared among the full members
Preparatory Meeting/Tirana Maritim Hotel Plaza
(Rental of meeting hall) 2,340 Euro
Technical equipment and services 4,249 Euro
Simultaneous interpretation 2,830 Euro
Translation of written documents 4,000 Euro
Printing costs 1,964 Euro
Transportation 2,930 Euro
Stationary and administrative overheads 4,100 Euro
Total Costs 22,413 Euro
Costs per participant (57 participants) 393.22 Euro
The amount to be paid: 393.22 EUR
(three hundred ninety-three euros and twenty-two cents)
Beneficiary: Treasory Branch Tirana K51713041B
Account: 0103030780
Beneficiary Bank: Raiffeisen Bank Sha, Tirana, Albania
IBAN: AL72202110130000000103030780
SWIFT: SGSBALTX
Transaction Description: Institution Code 10300001 – Constitutional Court and Account
7117400 – Expense Reimbursement
We kindly ask you to include the following in the transaction description: Institution
Code10300001 – Constitutional Court; Account: 7117400 – Expense Reimbursement, as this is
essential for the accurate identification of the incoming funds.
We would also appreciate it if the transfer of the amount of €393.22 could be made, preferably by
31 July 2025.