The Constitutional Court has published the reasoned decision on the request of 39 deputies of the Democratic Party. The deputies sought the annulment of two provisions of presidential decrees relating to the virtual Minister of Artificial Intelligence, “Diella”. According to the Court, the request has been rejected, as the challenged provisions do not have a normative character.
The request by the 39 Democratic Party deputies aimed to trigger review of these acts, but the institution assessed that they do not constitute a sufficient basis for a new ministry. Nor, the institution argues, do they autonomously create new competencies or structures.
The Court emphasises that they establish individual responsibility for the Prime Minister. According to it, they do not constitute a sufficient legal basis for creating a new ministry, reports Euronews Albania. Opposition deputies objected to the provision under which the Prime Minister exercises responsibilities for the establishment and operation of “Diella”.
They claimed that these decrees created a new ministerial structure. Likewise, according to them, the constitutional competencies of other institutions had been infringed. The Constitutional Court clarifies that it cannot examine the matter on its merits.
The request does not fall within its competence to review normative acts or to verify the election and appointment of constitutional officials. On the claim of infringement of the competencies of other institutions, the Court considers that the 39 deputies do not have standing to bring it.
In the decision, the Court also emphasises that the use of artificial intelligence in public activity cannot change the constitutional and legal order for exercising competencies. According to it, artificial intelligence may be used only as a tool in exercising existing competencies.
Institutional responsibility and accountability remain with the relevant body or official. The Court notes that the use of artificial intelligence systems in public administration must be based on a clear legal framework. This framework must guarantee human oversight, the protection of personal data and respect for fundamental rights.