The Relationship between EU Legal Order and Albanian Legal Order

AuthorMerisë Rukaj
PositionWater Supply and Sewerage Shkoder
Pages303-307
ISSN 2410-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 2
Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania July 2015
303
e Relationship between EU Legal Order and Albanian Legal Order
Merisë Rukaj
Water Supply and Sewerage Shkoder
Abstract
is paper is an analysis of the interaction of Community law with the national law and in
particular the ratio between Community - Albanian law. Main purpose of this paper is to clarify the
position of the international legal order and in particular that of the Community in the Albanian
legal regulated by constitutional provisions. During the analysis of the interaction between the
Community and the Albanian law a question arises in case of a conictual confrontation between
the two legal systems, which one will be applied? Such situation always occurs in the cases when
a provision of EU law transfers the rights and imposes direct obligations to the citizens of the EU
while the content of this provision collides with the rule of national law. To resolve such a situation,
the Republic of Albania has held a denite stance: bigotry retains superiority of international versus
national law, positioning it in the hierarchy of sources of law immediately aer the Constitution
of the Republic of Albania. It is clear that the Albanian constitution legislators have been aware
of their European perspective and for this fact the EU law and its legal order can survive only if
compliance and protection is guaranteed by two cornerstones: direct applicability of Community
law and the advantage of Community law over national law. ey are two fundamental principles
of European law which guarantee the implementation of the uniform and priority of the right of
the EU in all Member States.
Keywords: Community legal order, Albanian legal order, Applicability of Community law, Constitution
of the Republic of Albania.
Introduction
the provisions of the Constitution of the Republic of Albania, specically those dealing
with the hierarchy of sources of law, include the following ranking:
Constitution of the Republic of Albania;
International agreements ratied by Parliament;
Laws;
Normative acts of the Council of Ministers;
Acts that are issued by local government bodies which are eective only within the
territorial jurisdiction exercised by these bodies;
Normative acts of ministers and governing bodies or other institutions.
e Constitutional provisions of the Republic of Albania have not only have made
possible the integration of international norms in the national legal order, but have also
secured the supremacy of international law over national law. In fact, the supremacy of
international law, namely EU law, is a fundamental principle which guarantees the very

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