ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT

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Gentjan Skara
Bojana Hajdini

Abstract

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.

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How to Cite
Skara, G. ., & Hajdini, B. . (2021). ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT. Journal of Liberty and International Affairs, 7(3), 229-249. https://doi.org/10.47305/JLIA2137229s
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Author Biographies

Gentjan Skara, Department of Law, “Bedër” University College, Albania

Dr. Gentjan Skara hods a LLB from the University of Tirana (Albania); a MA in ‘European Studies’ from Epoka University (Albania); an LLM for “South East European Law and European Integration” from the University of Graz; PhD in 'EU Law and National Legal System program' from the University of Ferrara. Has been a visiting researcher at the Institute of Corporate and International Commercial Law, University of Graz (Austria), and at the Department of International Law, University of Ljubljana (Slovenia). From October 2012, has been a full-time member of the Department of Law at “Bedër” University College teaching International and EU law courses. Currently, he is attending a Post-PhD Program in ‘Law and Technology’ at MICHR.

Bojana Hajdini, Department of Law, Epoka University, Albania

Dr. Bojana Hajdini holds a LLM and PhD in Law from Faculty of Law, University of Tirana. Dr. Hajdini has a wide range of academic and professional experiences. She is a new member of the Department of Law at Epoka University and has been teaching at Faculty of Law and other Institution of Higher Education in Albania. Besides academic engagement, Bojana was worked as Head of the Legal Opponent Office at the Ministry of Justice (2004-2008); advisor on human rights issues near Prime Minister Cabinet (2010-2013) and as State Advocate representing Albanian State before High Court and Constitutional Court (2018-2020). Bojana has published in various national and international journals and her research interest relates to Public and Criminal Law.

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