TIRANA, November 9 /ATSH/ – The Constitutional Court today issued its final ruling on a petition filed by 39 MPs seeking to annul parts of two presidential decrees concerning the Minister for Artificial Intelligence, Diella.
In a ruling reached on October 8, 2026, and announced on November 9, 2026, the Court decided to dismiss the petition.
The Court held that the contested provisions only affect the Prime Minister individually and lack a normative character, meaning they do not create new powers and are exempt from abstract constitutional review. The ruling notes: “The ‘virtual minister’ is an AI program—an inanimate object without human legal capacity. Lacking autonomous rights in civil or administrative law, it is exempt from constitutional and legal criteria regarding eligibility, incompatibility of office, or appointment validation.
The Court further finds that ‘Diella’ is an artificial intelligence platform—a tool used for data processing within public procurement and tendering procedures—rather than a constitutional official or a ‘ministry’ in the legal sense.
“Moreover, it lacks the defining characteristics of a ‘ministry’ as a legal entity—such as an organizational structure, financial independence, or autonomous legal and institutional liability for the actions taken and acts issued under the direction and authority of the ‘virtual minister’ Diella, which itself lacks the status of a natural person,” the decision read. The request was rejected by a majority vote, while judges Marsida Xhaferllari and Asim Vokshi formed the minority, arguing that the provisions should be repealed as incompatible with the Constitution. /m.m/r.e/a.f/p.s./
