Comparative analysis of conditions for granting and losing Albanian citizenship

• Pages: 144-149

Vo

l. 7 N

o

. 1

M

arc

h,

202

1

A

cademic Journal o

f

Business,

A

dministration, Law and Social Science

s

II

PCCL Publishin

g

, Graz-

A

ustri

a

I

SSN 2410-391

8

A

cces online at www.ii

p

ccl.or

g

14

4

C

omparative anal

y

sis of conditions for granting and losing Albanian

citizens

h

i

p

F

j

or

d

a S

h

qarr

i

U

niversity o

f

Tirana,

A

lba nia

Ab

str

a

c

t

Citizens

h

i

p

is a juri

d

ica

l

conce

p

t t

h

at ex

pl

ains t

h

e re

l

ation t

h

at a

p

erson

h

as wit

h

t

h

e state, a

l

ega

l

r

elationshi

p

from which derive mutual rights and obligations for both the state and the individual.

I

ssues re

l

ate

d

to citizens

h

i

p

, suc

h

as its granting,

l

oss or revocation, are regu

l

ate

d

by

t

h

e

d

omestic

l

a

w

o

f

ea

ch st

a

t

e

.

I

n

Alb

ania

h

as

b

een a

pp

rove

d

recent

ly

t

h

e new

l

aw on citizens

h

i

p

, w

h

ic

h

h

as c

h

ange

d

t

h

e con

d

itions

a

nd for granting citizenshi

p

and has tried to correct some of the

p

roblems arising from the

p

ractical

i

m

p

lementation of the

p

revious law.

T

his

p

a

p

er aims to anal

y

ze from the

p

ers

p

ective of a

q

ualitative methodolog

y

, based on research on

l

iterature an

d

re

l

evant

l

egis

l

ation, c

h

anges

b

roug

h

t in issues re

l

ate

d

to citizens

h

i

p

by

t

h

e Law No.

113

/

2020 “On the citizenshi

p

” in the Re

p

ublic of Albania, and making a com

p

arative anal

y

sis with

t

he

p

revious law in order to understand the advantages and disadvantages of each of them

.

K

e

y

word

s

: citizenshi

p

, granting citizenshi

p

, loss of citizenshi

p

, revocation of citizenshi

p

, conditions

.

I

ntr

odu

ct

io

n

P

o

p

ulation is an essential com

p

onent

f

or the state existence, 

1

wit

h

out

p

o

p

u

l

ation t

h

e

state can’t be called a subject o

f

international la

w

 

2

. The legal conce

p

t o

f

p

o

p

ulation

is a interaction between international law and domestic law, because

p

o

p

ulation as a

state com

p

onent, laws regarding treatment o

f

p

o

p

ulation, laws about human rights

are

p

rovi

d

e

d

in treaties.

O

n the other hand, the

p

o

p

ulation o

f

a state includes both citizens o

f

that state,

f

oreigners and stateless

p

ersons whose

f

undamental rights are recognized and

r

es

p

ected, but norms that have to do with the granting o

f

citizenshi

p

, the treatment

r

egime

f

or

f

oreigners, the loss o

f

citizenshi

p

and similar ma ers are alwa

y

s regulated

by

the domestic law, as this is a sovereign right o

f

a state (Puto, 2008). This is the reason

wh

y

we can make a general classi

f‌i

cation o

f

the general

p

rinci

p

les used to grant or

l

ose citizenshi

p

, but we cannot

p

retend uni

f‌i

ed norms and

p

ractices regarding the

c

onditions and criteria used b

y

each countr

y

in this regard.

C

itizens

h

i

p

is a

l

ega

l

connection t

h

at t

h

e in

d

ivi

d

ua

l

h

as wit

h

h

is state, a

l

ega

l

r

elationshi

p

f

rom which derive mutual rights and obligations

f

or both the individual

and the state (Puto, 2008).

I

n

A

lbania this legal relationshi

p

is de

f‌i

ned b

y

the

1

Montevideo Convention on the Rights and Duties of States, art. 1

:

“The state as a person of inter

-

n

ational law should possess the following qualif‌i cations: a. a permanent population; b. a def‌i ned

territory; c. government; and d. capacity to enter into relations with other states.”

2

A

rbitral Commission of European Conference for former Yugoslavia, Opinion No.1 “

the

state

is

a

com-

munity characterized by a territory and population which are subject of the power of an organized political

authority, characterized by sovereignty”.