Real Estate Property Rights in Albania between Individual and Community Interests
Dule, I.
Abstract:
Property rights are one of the most important institutions of the rule of law. This paper attempts to contribute to the debate on property rights, by reviewing property rights in the context of human rights and their application in Albania along its recent statehood.
Although difficult to determine a single standard for the application of property rights, as part of human rights, both at a national and international level, it is generally assumed that their application, which remains at state discretion must be followed by balanced weighing of the public and private interest. At the same time, the international practice has shown that the application of property rights must be followed by legal certainty and other standards.
In reflection of these principles, on an historical perspective, in Albania property rights have been applied in infringement of the principles of human rights. During the communist regime state interest has prevailed at an extreme extent over private interest, until the point where private property was completely abolished. While, after the ‘90’s, in Albania’s transition to democracy, legal uncertainty has been the main remark of legislative changes that have attempted to undo the property rights situation inherited from forty five years of communist rule.
Although, these legislative changes have attempted to hold at their core the human being and the fundamental human rights, they have not managed to give real solutions to the large number of conflicts that have arisen in the context of property rights. Thus, the drafting of laws in this field must be conducted by aiming the adoption of clear and stable laws, with no room for confusion or abuse.
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APA citation
- Dule, I., 2014. Real Estate Property Rights in Albania between individual and community interests. International Journal of Social Sciences, III(2), pp.16–32.