The Constitutional Court has decided not to accept Ervin Salianji’s request to annul his one-year prison sentence, reasoning that the judicial proceedings were conducted in accordance with legal standards.
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The decision had been previewed around two weeks earlier by the former Democratic Party MP. Salianji claimed that the sentence and proceedings against him were intended to exclude him from the local elections. He also declared that, if the Constitutional Court rejected his request, he would appeal to the European Court of Human Rights in Strasbourg.
According to his position, the case was not merely a hearing concerning a personal proceeding, but a test for the Constitutional Court and for the implementation of the Constitution in the face of political power. Salianji said that justice in Albania is influenced by corruption files, blackmail recordings, allegations of cooperation with intelligence services and links to criminal groups, also mentioning the Xhafajs.
The former MP described this situation as justice dependent on politics, rather than a system that stands above it. He stressed that the battle would not end with the Constitutional Court’s decision and that the truth about the case and the entire procedure followed against him would be presented in Strasbourg.
On 29.09.2026, the Constitutional Court of the Republic of Albania examined, in plenary session and on the basis of documents, the case brought by Ervin Salianji. The request sought the annulment of decision no. 2900, dated 18.12.2019, of the Tirana District Court; decision no. 30-2024-6822, dated 26.09.2024, of the Court of Appeal of General Jurisdiction; and decision no. 00-2025-421, dated 11.03.2025, of the Criminal Chamber of the Supreme Court, on the grounds that they were contrary to the Constitution of the Republic of Albania.
At its meeting on 09.10.2026, after analyzing the claims and submissions of the parties, the Court assessed that the case should be examined in relation to freedom of expression, guaranteed by Article 22 of the Constitution, in connection with the exercise of the parliamentary mandate and the standard for reasoning in judicial decisions.
Also referring to the case law of the ECtHR, the Court underlined that the freedom of expression of members of parliament is of particular importance, but that Article 10 of the ECHR does not offer unlimited protection when the persons involved do not act in good faith to convey accurate and reliable information.
The Court concluded that the criminal conviction against the applicant constituted an interference with his freedom of expression. However, in its assessment under the criteria of Article 17 of the Constitution, it found that the interference was prescribed by law and pursued a legitimate aim.
After analyzing proportionality, the Court decided by majority vote that the interference was proportionate to the legitimate aims pursued. According to the Court, the reasons given by the ordinary courts to justify the decision were relevant and sufficient.
Also by majority vote, Salianji’s other claims concerning the right to a fair trial were deemed unfounded.
At the conclusion of its examination, the Constitutional Court decided to reject the request.
The final reasoned decision will be made public within the statutory deadlines set by Law no. 8577, dated 10.02.2000, “On the Organization and Functioning of the Constitutional Court of the Republic of Albania,” as amended, as well as by the Rules of Judicial Procedures of the Constitutional Court.
