THE LAW IN TRANSITION, THE HUMAN RIGHTS AND THE JUSTICE REFORM

Keywords: law in transition, international acts, justice system, human rights, justice reform

Abstract

Upon the fall of communism, dictatorial regime in Albania, there were created the possibilities for the theoretical-practical discussion on the human rights. All this, the law and the justice system during the years in our county was in transition. In function of this, in years, a justice reform in Albania has been a necessity. In this paper, we will treat the general framework presented by the state of law in Albania, stopping in some important moments such as justice reform (Laying the groundwork for a consolidated rule of law), decisions of Constitutional Court of the Republic of Albania, etc. Also we will treat some problematic moments that appeared at the field of human rights, which is a warranty of the State of Law. The formal improvement of the legislation or organization of institutions is not enough to realize the protection of human rights and fundamental freedoms, but more is needed in this direction. 

Downloads

Download data is not yet available.

References

Anastai Aurela, 2007, Constitutional Law, Publishing House Pegi, Tirana.
Anastai Aurela, Omari Luan, 2010, Law, Publishing House Pegi, Tirana.
Biba Denar, Zaganjori Xhezair, 2010 Implementing the rule of law in Albania, “Political Thought”, no. 32, Skopje.
Bros S., Azerbaijan, July 2008, Strasbourg, 27 January 2009, “Reflections on the importance and the position of a Constitutional Court in a modern democratic state under the rule of law - Taking into account the position of the Federal Constitutional Court of the Federal Republic of Germany, Center on Constitutional Justice, Council of Europe, published in Venice Commission, Conference on “Execution of the decisions of Constitutional Courts: a cornerstone of the process of implementation of constitutional justice”.
Chantal Millon-Delsol, 2000, The political ideas of twentieth- century, Publishing House Onufri, Tirana.
Loloci Krenar, 2002, The new constitution and the need for a new mentality, Publishing House Horizont, Tirana.
Omari Luan, 2002, State of Right, Academy of Sciences of Albania, Publishing House LILO, Tirana.
Sadushi Sokol, 1999, Theory of Administrative Act, Publishing House Iliria, Tirana.
Schmitt Carl, 2008, Constitutional Theory, Duke University Press, London.
Zaganjori Xhezair, 2002, Democracy and Rule of Law, Publishing house Luarasi, Tirana.
Law no. 8417, date 21.10.1998 “The Constitution of the Republic of Albania”, Publishing House AlbJuris, Tirana, 2014.
Decisions of the Constitutional Court of the Republic of Albania, Publishing House Dita 2000, Tirana, 2004.
Decisions of the Constitutional Court of the Republic of Albania, Publishing House Dita 2000, Tirana, 2005.
Annual Reports of Ombudsman of Albania: http://www.avokatipopullit.gov.al/en/reports
Published
2019-08-07
How to Cite
SULA, J. (2019). THE LAW IN TRANSITION, THE HUMAN RIGHTS AND THE JUSTICE REFORM. JOURNAL OF AWARENESS, 4(3), 393-408. https://doi.org/10.26809/joa.4.031
Section
Articles