EUROPEAN COURT OF HUMAN RIGHTS JURISPRUDENCE AT THE INTERSETION OF INDIVIDUAL AND CONSTITUTIONAL JUSTICE: THE CASE LAW CONCERNING ALBANIA

The European Court of Human Rights (ECtHR) significantly influences national legal systems, prompting debate over whether its role is to deliver individual justice or address systemic legal and constitutional issues. Recent procedural reforms, including the prioritization of ‘impact cases’, and the pilot judgment procedure, reflect a shift toward a more constitutional approach, tackling systemic deficiencies at the domestic level. This paper investigates the interplay between individual rights and constitutional justice in Albania, with particular attention to relevant ECtHR rulings that have influenced national legislation. The analysis underlines the transformative impact of ECtHR case law on Albania’s legal landscape and evaluates the Court's influence on the alignment of domestic laws with international human rights norms, while also addressing the persistent challenges faced in this endeavor. By exploring the evolving role of the Court, this research adds to the ongoing discussion regarding the ECtHR’s status within the European legal framework, highlighting its relationship with Albania’s domestic legislation.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-02-27
DOI
https://doi.org/10.5281/zenodo.14937356
Primary Topic
Government, Law, and Information Management
Type
article
Field-Weighted Citation Impact
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article

EUROPEAN COURT OF HUMAN RIGHTS JURISPRUDENCE AT THE INTERSETION OF INDIVIDUAL AND CONSTITUTIONAL JUSTICE: THE CASE LAW CONCERNING ALBANIA

Zenodo (CERN European Organization for Nuclear Research)
Government, Law, and Information Management
article

EUROPEAN COURT OF HUMAN RIGHTS JURISPRUDENCE AT THE INTERSETION OF INDIVIDUAL AND CONSTITUTIONAL JUSTICE: THE CASE LAW CONCERNING ALBANIA

article en

Abstract

The European Court of Human Rights (ECtHR) significantly influences national legal systems, prompting debate over whether its role is to deliver individual justice or address systemic legal and constitutional issues. Recent procedural reforms, including the prioritization of ‘impact cases’, and the pilot judgment procedure, reflect a shift toward a more constitutional approach, tackling systemic deficiencies at the domestic level. This paper investigates the interplay between individual rights and constitutional justice in Albania, with particular attention to relevant ECtHR rulings that have influenced national legislation. The analysis underlines the transformative impact of ECtHR case law on Albania’s legal landscape and evaluates the Court's influence on the alignment of domestic laws with international human rights norms, while also addressing the persistent challenges faced in this endeavor. By exploring the evolving role of the Court, this research adds to the ongoing discussion regarding the ECtHR’s status within the European legal framework, highlighting its relationship with Albania’s domestic legislation.

Zenodo (CERN European Organization for Nuclear Research)
Fan Noli University (AL), University of Tirana (AL)
Peace, Justice and strong institutions
Openalex Percentile: Top 38%
Government, Law, and Information Management
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