Difficulties in justification of legal norms as a feature of democratic transformations in Albania

The purpose of the study was to highlight the key aspects of the establishment of legal norms in the context of democratic transformations in Albania and their determining impact on the evolution of the state legal system. The paper, used historical, comparative, and system analysis methods, examined the historical context and specifics of the development of the legal field of Albania after the end of the communist period, analysed the correlation of traditional legal practices of the Albanian community with democratic norms, and identified current challenges of legal legitimation and law enforcement in the context of European integration processes. The results showed that, despite the adoption of substantial legislative acts and initiatives, the effective implementation of legal norms remains problematic. Deep-rooted traditional practices such as the customary law of Kanuni and Lekë Dukagjinit, corruption, political instability, and a lack of legal culture of the population prevent the effective implementation of democratic norms. The study identified a persistent gap between legislative reforms and their practical enforcement, demonstrating that formal legal adaptation does not always translate into effective governance. Additionally, the analysis highlighted the crucial role of judicial independence and anti-corruption measures in ensuring the sustainability of legal transformations. The findings suggested that while Albania has made significant progress in aligning its legal framework with European standards, systemic challenges continue to hinder the full integration of democratic principles into legal practice. The results highlighted that the difficulty of justifying legal norms in Albania is not only a legal problem but also a social and cultural one. This indicated the need for a comprehensive approach to reforming the legal system, considering the historical legacy, traditional values, and mentality of society. The findings of the study are important for the successful democratisation of Albaniaʼs legal system, as they point to the need to reconcile traditional and democratic norms, strengthen institutional capacity and increase citizensʼ confidence in the judicial system

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Publication Details

Journal
Social & Legal Studios
Published
2025-03-01
DOI
https://doi.org/10.32518/sals1.2025.130
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

Difficulties in justification of legal norms as a feature of democratic transformations in Albania

Saimir Fekolli, Adriana Anxhaku, Jetmira Fekolli
Social & Legal Studios
European and International Law Studies
article

Difficulties in justification of legal norms as a feature of democratic transformations in Albania

Saimir Fekolli, Adriana Anxhaku, Jetmira Fekolli
article en

Abstract

The purpose of the study was to highlight the key aspects of the establishment of legal norms in the context of democratic transformations in Albania and their determining impact on the evolution of the state legal system. The paper, used historical, comparative, and system analysis methods, examined the historical context and specifics of the development of the legal field of Albania after the end of the communist period, analysed the correlation of traditional legal practices of the Albanian community with democratic norms, and identified current challenges of legal legitimation and law enforcement in the context of European integration processes. The results showed that, despite the adoption of substantial legislative acts and initiatives, the effective implementation of legal norms remains problematic. Deep-rooted traditional practices such as the customary law of Kanuni and Lekë Dukagjinit, corruption, political instability, and a lack of legal culture of the population prevent the effective implementation of democratic norms. The study identified a persistent gap between legislative reforms and their practical enforcement, demonstrating that formal legal adaptation does not always translate into effective governance. Additionally, the analysis highlighted the crucial role of judicial independence and anti-corruption measures in ensuring the sustainability of legal transformations. The findings suggested that while Albania has made significant progress in aligning its legal framework with European standards, systemic challenges continue to hinder the full integration of democratic principles into legal practice. The results highlighted that the difficulty of justifying legal norms in Albania is not only a legal problem but also a social and cultural one. This indicated the need for a comprehensive approach to reforming the legal system, considering the historical legacy, traditional values, and mentality of society. The findings of the study are important for the successful democratisation of Albaniaʼs legal system, as they point to the need to reconcile traditional and democratic norms, strengthen institutional capacity and increase citizensʼ confidence in the judicial system

Social & Legal Studios
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European and International Law Studies
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Difficulties in justification of legal norms as a feature of democratic transformations in Albania — Saimir Fekolli, Adriana Anxhaku, et al. · Social & Legal Studios (2025) | TGRS Research Map | TGRS