| Article Details : |
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| | | Article Name : | | | On the Compatibility of the Albanian Legislation
with the European Convention on Human Rights
(1991-1998) | | Author Name : | | | Msc. ADELA BUÇPAPAJ, PhD. KRESHNIK MYFTARI | | Publisher : | | | Bridge Center | | Article URL : |  | | | Abstract : | | | The participation of a country in an international treaty makes
it possible for the domestic legislation of that country to coexist with the
international treaty, and the end result is by no means a spontaneous
one. It requires taking necessary measures and actions to bring the
domestic legislation to compatibility with the norms of the international
treaty. This work takes on greater proportions in the case of the
European Convention as the most advanced and sophisticated
instrument guaranteeing the protection of human rights on
international scale.
Within this context, my article focuses on the real relationship
between the Albanian legislation and the international treaties on
human rights, the European Convention in particular, covering a time
span of almost 8 years, namely, the period that starts in 1991 and ends
on October 21, 1998, with the adoption of the Constitution of the
Republic of Albania, thus marking the beginning stage of the Albanian
Justice Reform after the fall of communism. To make it more clear, I
shall consider the following factors, which, in my opinion, are of a
somewhat specific nature: (1) Albanian legislation is thoroughly new,
and this becomes quite evident because of the fact that almost 90 per cent
of it was drafted and adopted after the conclusion of the first pluralistic
general elections of March 31, 1991; (2) Albanian legislation has been
perceived, drafted and adopted, abiding by the content, the standards, and the formulations of the legislations of countries of consolidated
democracies, the founding States of the Council of Europe included; (3)
Albania adopted a special constitutional law On the Basic Human
Rights and Liberties, which reflects and embodies the highest degree of
compatibility with the European Convention.
In addition, it is the above-mentioned factors that also
determined the principal attitude of the Albanian authorities towards
the preparatory process for the ratification of the European Convention.
In Albania’s case, it appears that you cannot simply speak about the
need of establishing the coexistence of the domestic legislation and the
European Convention. Albania has not inherited a complete legislation
from the past. | | Keywords : | | | compatibility, ratification, Albanian legislation, European
Convention, human rights. |
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