Albanian constitutional rights in the framework of the implementation of stabilisation and association agreement with EU

Autore:Aurela Anastasi
Issues of the albanian constitution in the framework of
the european integration
1. The Albanian Constitution, compiled in year 1998, after the
signing of Association Agreements with many Eastern European
countries, provides for a number of provisions which serve the integration
process of Albania in the European Union. Until it came into force, it was
only the Constitution of Poland which contained provisions on the terms
of integration and the delegation of powers. In other countries of Central
and Eastern Europe, which had signed European Association Agreements,
the amendments of the Constitution were realized, especially, in the
2000-es. In the meantime, in old EU-member countries, there were
different delegation models, which were mainly defined by the
amendments of the Constitutions1. Different authors mention some
factors, which made the amendments in the constitutions of other Central
and Eastern European countries to be accomplished with difficulty.
Among the main factors it’s worth to mention: the suspicions of the
people about the delegation of the sovereignty; the spread of euro-
skepticism in a number of candidate countries, as well as the referendum-
applied experiences, which in some cases have delayed the processes.2
Thus, a deceleration was kept in the revision of the constitution, with
the aim of not transforming the quite advanced formulations on the
delegation of the sovereignty into a battle horse for the pretentions of the
In case of Albania we do notice some differences. It had a climate,
which from the formal constitutional point of view, it hadn’t suffered
from any “European deficit“, that’s to say, from any lack of constitutional
provisions which authorize the processes of a complete integration in EU.
Important terms of integration were provided for in the Constitution of
the year 1998, on the eve of the beginning of the Stabilization and
Association Process with Albania. These predictions were supported by
the European feelings of the Albanian people and were result of the
experiences on the amendment of the constitutions from the old EU-
member countries, as well as of the constitutional opinion developed in
Europe. The public opinion in Albania has created a rather optimist
1 See: A. ALBI, “EU enlargement and the Constitutions of Central and Eastern Euro-
pe”, Cambridge University Press, 2005 , page 9-14.
2 See: idem.

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