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"The Rule of Law in the Constitution of the Republic of Albania"

Authors: Prof. Dr. Xhezair Zaganjori, Prof. Aurela Anastasi, Dr. Eralda (Methasani) Çani

Supported by the office of the Konrad-Adenauer-Stiftung for Albania.

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This study provides an in-depth analysis of the concept and implementation of the rule of law within the framework of the Constitution of the Republic of Albania, drawing extensively on the case law of the Constitutional Court of the Republic of Albania.

The aim of the publication is to analyse the constitutional foundations of the rule of law, the functioning of central state institutions and their mutual relations, while at the same time highlighting the challenges in consolidating democracy and Albania's European integration.

 

Key topics covered

The study focuses on:

  • the rule of law as the basis of the constitutional order and as the guarantor of democracy;

  • the separation of powers and the balance between parliament, government and the judiciary;

  • the role of the Constitutional Court in the final interpretation of the Constitution and the review of the constitutionality of laws;

  • legal certainty and the protection of fundamental human rights;

  • the independence of the judiciary and the functioning of judicial institutions;

  • the role of independent constitutional institutions such as the Ombudsman, the Supreme Audit Office and the Public Prosecutor's Office;

  • local self-government, decentralisation and municipal autonomy;

  • the impact of integration processes into the European Union and NATO on state sovereignty and the standards of the rule of law.

 

Methodological approach

The publication analyses not only the constitutional provisions, but also judicial practice, paying particular attention to the decisions of the Constitutional Court as a source for the interpretation and further development of constitutional norms. This makes the study an important reference for lawyers, academics and practitioners of law.

 

Significance of the study

The thesis contributes to a deeper understanding of the functioning of the rule of law in Albania and highlights the challenges related to:

  • strengthening democratic institutions;

  • effective enforcement of the law;

  • the guarantee of fundamental rights and freedoms;

  • compliance with European standards as part of the integration process.

The study is an academic and practice-oriented analysis of the consolidation of democracy and the rule of law in the Republic of Albania and emphasizes that the establishment of a rule of law is an ongoing process that requires institutional and civic engagement.

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