Individual Appeal to Albanian Constitutional Court. The object of control, the subjects that are legitimized, the conditions of legitimacy

• Author: Shaban Nikola - Flogerta Biba
• Position: University of Tirana, Faculty of Law, Department of Criminal Law. Albanian
• Pages: 161-171

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

Vol. 3 No. 1

January, 2019

ISSN 2519-1284

Acces online at www.iipccl.org

161

Individual Appeal to Albanian Constitutional Court

The object of control, the subjects that are legitimized, the conditions of

legitimacy

The German model as a guide to internal jurisprudence over the control of public act

PhD. (C.) Shaban Nikola

University of Tirana, Faculty of Law, Department of Criminal Law. Albanian

Msc. Flogerta Biba

University of Tirana, Faculty of Law, Department of Criminal Law. Albanian

Abstract

The new constitutional changes brought about a reform of the legal system for the protection

of fundamental civil and political rights and liberties. In this regard, for the f‌i rst time in the

Albanian legal system is provided the institute of “Individual Appeal” at the Constitutional

Court, which legitimizes the subjects of the right to address to the Constitutional Court for

violating the fundamental rights and freedoms set forth in the constitution. This institute,

unlike the previous constitutional complaint, extends the circle of rights to which citizens,

entities of the right can address to the Constitutional Court.

The dissertation will focus on the innovations of this constitutional reform, the distinction

between the previous system of appeal to the Constitutional Court and the current system,

but also the distinction between "individual appeal" and "popular claim". Particular a ention will

be paid to the conditions that constitutional and legal norms provide for the legitimization

of subjects, enriched with the practice of the Constitutional Court. The individual appeal

institute being a new model will be compared with the case law of the European Courts,

mainly of the German Federal Constitutional Court, in order for this practice to serve scholars

and applicants for as long as possible legally.

Key Words: Individual appeal, actiopopularis, public act, e ective access.

1. Introduction to the model of the individual appeal

In the context of the constitutional and legal changes, also known as the “justice reform

package”, the provisions related to the scope of the Constitutional Court as regards

the model and powers of constitutional control were also amended and the circle of

rights legitimize physical persons to invest in the Constitutional Court. With previous

provisions, the role of the court as a "guarantor" of fundamental rights and freedoms

was limited, as they were included in the area of constitutional action only when

their violation was commi ed in violation of the due process. In this way, Article

134/2 of the Constitution unchanged, provided that "the entities provided for in sub-

paragraphs dh, e, ë, f and g of paragraph 1 of this Article may apply only for ma ers

relating to their interests."This sphere of constitutional action meant that the role of

the court extended to the formal control of constitutional rights rather than to those

of a substantive nature. That is, the individual could not ask the Constitutional Court