The Place and Role of International Law in the Albanian Legal System and Practice, the case of ECtHR decisions

• Pages: 92-97

Vol. 9 No. 1

March, 2023

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2410-3918

Acces online at www.iipccl.org

92

The Place and Role of International Law in the Albanian Legal System and

Practice, the case of ECtHR decisions

Dr. Fjorda Shqarri

Faculty of Law, University of Tirana, Albania

Magistrate Anita Jella

Abstract

The relationship between international law and domestic law explains the way of transposition

of the international norm in the legal order of a state and of course this relationship is usually

determined by its most important legal acts. This ratio, as long as it is determined by internal

provisions,mayhaveitsownspeciccharacteristicsineachstatedependingonthelegislative

formulas that the state may have selected.

This paper aims that relying on the qualitative methodology based on research in the literature

and the relevant legislation, to analyze the role and the place that the norms of international

law dealing with human rights issues have in the Albanian legal system. The purpose of

this paper is to explain the system, to which the Albanian legal order belongs, the general

provisions for the position of international law and then human rights in Albanian legislation,

as well as the Decisions of the ECtHR.

The expected result of this paper is the conclusion that international law has a privileged

position in the Albanian legal system and that especially human rights has a constitutional

status and that the decisions given by the ECtHR are mandatory to be implemented.

Keywords: international norm, system, ratio, prevalence, decision.

1. Introduction

The relationship that international law has with the national legal system is

provided by the Constitution of a country. Of course, the issue of the interaction of

the international and domestic legal order or the way international law is applied

vertically, i.e. in each state, will always remain an issue both current and of interest.

When we discuss about the relationship that international law and internal law have

with each other, of course this discussion is based on the main division between the

monist and dualist systems, based respectively on monistic and dualistic theories.

The monist theory supports the idea that the norms of international law and those

of domestic law are part of the same legal system, and therefore the monist system

of treaty implementation, which is also called the incorporation system, claims

that all international treaties are automatically part of internal legal order, directly

applicable, without the need for internal acts that can make it applicable (Shqarri. F,

2016, Puto. A, 2010).

Aself-executedtreatyproduceseectsdirectlyontheparties,whichmeansthatcourts

and other national institutions can be addressed directly, and likewise individuals

can address the court for the protection of rights that may derived from the treaty.

When we refer to implementation, we cannot leave without mentioning the way of

application of treaty norms by national and international courts.

The dualist theory supports the claim that international law and domestic law are