The right to freedom of expression and its limitations according to Albanian legislation

• Pages: 42-50

Vol. 10 No. 1

March, 2024

Academic Journal of Business, Administration

Law and Social Sciences

42

E-ISSN 2410-8693

ISSN 2410-3918

The right to freedom of expression and its limitations according to Albanian

legislation

Dr. Anton Gera

University “Aleksandër Moisiu” Durrës, Albania

DOI: hps://doi.org/10.2478/ajbals-2024-0005

Abstract

The right to freedom of expression, not without purpose provided for in the rst amendment

of the Constitution of the United States of America, is one of the main basic rights on which

modern democratic states were founded. The enjoyment of this freedom is closely related to

a series of other equally basic rights, such as freedom of belief, freedom of organization, the

right not to be harassed for personal opinions, the freedom to be aached to a certain political

party, etc (Salvatore, 2019). The right to freedom of expression is one of the oldest freedoms

that arose as a result of freedom of religion, mentioned by the rst Christian writers during the

II-III century, and then during the conicts between Catholics and Protestants in the centuries

XVI-XVII.

On the other hand, it was encouraged and elaborated by the great theorists of the freedom of

scientic research (just think of Descartes and Galileo) and of political freedom (such as Milton).

Later, the right of Freedom of Expression was elaborated by philosophers of the XVIII-XIX

centuries such as Voltaire, Fichte, Benthan. In this sense, John Stuart Mill said that freedom

of expression protects us from corrupt power, tyranny, and this freedom is one of the basic

guarantees for an open and pluralistic society (Mihajllova, Bacovaska and Shekerxhiev, 2013).

Since the circulation of ideas is a prerequisite for the communication of thought, the freedom

of expression or manifestation of thought has always been considered by Italian constitutional

jurisprudence as the cornerstone of the democratic system (Bin and Pitruzzella , 2012). Main

objective of this manuscript is the analysis of the Albanian legislation and jurisprudence about

the freedom of expression.

Keywords: The right, freedom of expression, limitations, Albanian legislation.

1. Introduction

The Strasbourg Court has stated that freedom of expression is one of the cornerstones

of a democratic state. Without the guarantee of this right, there can be no talk of

pluralism, tolerance and the creation of free political will, so necessary for a

Research Article

© 2024 Anton Gera

This is an open access article licensed under the Creative Commons

Attribution-NonCommercial 4.0 International License

(https://creativecommons.org/licenses/by-nc/4.0/)