Constitutional provisions for the integration process

• Pages: 98-109
• Date: 01 January 2021
• Published date: 01 January 2021
• Author: Gloria Çarkaxhiu
• Subject Matter: Derecho Público y Administrativo

Vol. 5 No. 1

January, 2021

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

98

Constitutional provisions for the integration process

Gloria Çarkaxhiu

Ass /Commissioner at the People’s Advocate of Albania (Ombudsman) Institution

Abstract

The process of integration as a complex process in which the states that express their will to

be part of the International Organizations have to go through legislative amendments. The

amendmentsneeded for this process are not only amendmentsaccording to the approximation

of legislation, but they really require amendments in the Constitutions of these states. These

provisions already are reected in the Constitution of the Republic of Albania, as previously

provided in many countries which are part of the European Union or other international

organizations with the scope of international cooperation.

This paper has a special focus the Constitution of the Republic of Albania, which has armed

important articles that establish the basic principles for the preparation and legitimacy of

Albania's integration into international organizations. The Constitution of Albania respects

international law and has given ratied international acts supremacy; ensure a sovereign state

that accedes to international organizations, delegates to them state competencies on specic

issues, and can participate in a collective security system, in order to preserve peace and

national interests. It should be noted that the Constitution of 1998, in Albania, was among

the rst constitutions in Europe that sanctioned valid provisions for the integration process.

The Constitution of the Republic of Albania for the rst time provided concrete provisions

which prepare the integration process for a state that respects international law, in the rst

Constitutional provisions, which is the basic and general provision that orients the relations

between the domestic and the international law, keeping aention to the domestic legislation

of the Albanian state and the binding principles of international law. In this paper we will take

a look at EU’s countries Constitutions as an example to understand their Constitutional path

till the membership.

Keywords: Constitutional provisions, Albania, integration process.

Introduction

The integration processes that bring Albania to start the struggle against the needs

for membership mainly aer the 1990s and that began to take a form with Albania's

membership in the North Atlantic Treaty Organization (NATO) brought us before the

irreversible fact of changing and modernizing Albanian legislation, and as a result

they prepared us for the need of a new Constitution, which would legitimize the

path of integration not only in Euro-Atlantic Treaty Organization (NATO) but also

European.

"This process is also reected in the text of the Constitution of the Republic of Albania,

which has armed important articles that establish the basic principles for the

preparation and legitimacy of Albania's integration into international organizations.

They provide for a rule of law that respects international law and has given ratied

international acts supremacy; ensure a sovereign state that adheres to international