Execution of final court decisions as part of a fair trial

AuthorAmanda Gjyli (Vrioni)
PositionAlbanian University
Pages23-30
Vo
l.
6
N
o
. 2
Jul
y
, 2020
ISS
N 2410-391
8
A
cces on
l
ine at www.ii
p
cc
l
.or
g
2
3
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
Execution of f‌i nal court decisions as
p
art of a fair tria
l
Amanda G
yli (Vrioni
A
lbanian
U
niversity
Ab
str
a
ct
Execution/enforcement of the f‌i nal court decisions is now a procedural element which
has been long dealt with as an integral part of the right to a fair trial. This right has been
e
xpressly embodied in the Constitution of the Republic of
A
lbania as a fundamental right
o
f
the individual. This point o
f
view grants to this right not only an important role on the
p
rotection of human rights but consequently a strong impact on the court performance in our
country as well. The object of this paper shall be precisely the analysis of the legal institution o
f
e
xecution of f‌i nal court decisions, as part of a fair trial.The process of enforcing a f‌i nal decision
i
s enshrined in our legislation. But a er following procedural steps many individuals still f‌i nd
themselves with an enforcement order remaining void for a long period. This constitutes a
v
iolation of a fair trial/due legal process. Article 42, paragraph 1 of the Constitution mentions
the fair trial, but without assigning any real sense thereto. What the Constitution fails to
contemplate, has been tried to be a orded by the practice of the Constitutional Court, which
has been mainly oriented in the jurisprudence of the
E
uropean Court of Human Rights and
the
E
uropean Constitutional Courts.This paper will analyze one of the Constitutional Court
d
ecisions, which for the f‌i rst time has addressed the non-execution of decisions havin
g
become
f‌i nal, as a violation of a fair trial and further to this, the most important stipulations related
to this argument made from its jurisprudence and that of the Strasbourg Court.
I
n conclusion
we note that this process has been put in place quite late in our country. Still today we o en
f‌i nd cases of Constitutional Court practice involving claims f‌i led against the violation of this
r
ight. To resolve this situation, many recommendations have been introduced which require a
s
erious commitment and well-established structures from the
A
lbanian
g
overnment
.
Ke
y
words
:
Execution
/
enforcement, f‌i nal decision, fair trial, e ective remedy, the Constitutional
C
ourt, the Strasbour
g
Court
.
I
ntr
oduc
t
io
n
T
he issue related to the to
p
ic in
q
uestion is s
p
eci
f‌i
call
y
the violation o
f
the
f
air trial b
y
state bodies relating to non-en
f
orcement o
f
the law.
E
ver
y
one should be guaranteed
the right to a
f
air trial, as a
f
undamental right o
f
the individual. Whoever addresses
the court to de
f
end one’s own interests, as the most a
pp
ro
p
riate and e
ective state
b
od
y
to achieve this
p
rotection b
y
virtue o
f
its decisions, should avail onesel
f
o
f
this
right and accom
p
lish it.
A
ll our domestic law sources related to the
f
air trial clari
fy
the obli
g
ation o
f
the
A
lbanian state to en
f
orce the court decisions havin
g
become
f‌i nal, but this does not su ce to com
p
l
y
with them.
I
n these conditions, the situation
i
s sti
ll
unso
l
ve
d
,
b
ut t
h
is is t
h
e
h
i
gh
time w
h
ere t
h
e
Alb
anian state s
h
ou
ld
no
l
on
g
er
w
aste time, but should instead take all measures
f
or the im
p
lementation o
f
these
rights while thiswill accordingl
y
a
ect the reduction in the number o
f
com
p
laints
w
ith the Strasbourg Court and
p
ursuant to the directives o
f
the la er, it will also
f
ul
f‌i
l

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