Proceedings of the 43rd International Academic Conference, Lisbon

RECOURSE TO THE CONSTITUTIONAL COURT BASED ON THE CONSTITUTION OF THE REPUBLIC OF ALBANIA

ANA DHAMO, BRIKENA DHULI

Abstract:

In this paper we will discuss the recourse to the Constitutional Court of the Republic of Albania. In Albania, the Constitutional Court operates in several different ways: with the request of the President of the Republic, the Prime Minister , not less than one-fifth of the MPs, ombudsman, Chairman of the High State Control, any district courts, each commissioner established by law for the protection of fundamental rights and freedom, guaranteed by the Constitution, High Council of Judges and High Council of Prosecution , Local state bodies, Religious institutions, political parties, NGOs, individuals. The attention in this paper focuses on the new constitutional changes regarding the recourse to the Constitutional Court and individual recourse at the request of the individuals. So far, the Constitutional Court has reduced constitutional control on the basis of individuals' requests only in the control of a due legal process. This is quite different from the experience created by the implementation of the law on the main constitutional provisions, on the basis of which the Constitutional Court finally resolved the appeals of individuals concerning the essence of fundamental rights and freedoms. In its jurisprudence, the Constitutional Court has closely related the guarantee of the right to a fair trial and its constituent elements to the concept of the rule of law, considering it the first element of the rule of law. The recommendation in this case refers to the revision of this article of Law 99/2016 to extend the access of recourse to individuals to the Constitutional Court, not limiting it only to breaches of the rules regarding due process. The meaning of this research paper is precisely that of the constitutional review in order to extend the title on the constitutional guarantees in the protection of fundamental rights. The comparison with Latin American countries will be fruitful for our constitutional lawmaker, both in terms of history and constitutional development. Key words: constitution, recourse, individual recourse, Albania, constitutional revision.

Keywords: constitution, recourse, individual recourse, Albania, constitutional revision.

DOI: 10.20472/IAC.2018.043.058

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