European Court of Human Rights Jurisprudence at the Intersetion of Individual and Constitutional Justice: the Case Law Concerning Albania
Year: 2025
Type: article
Abstract: The European Court of Human Rights (ECtHR) significantly influences national legal systems, prompting debate over whether its role is to deliver individual justice or address systemic legal and constitutional issues. Recent procedural reforms, including the prioritization of ‘impact cases’, and the pilot judgment procedure, reflect a shift toward a more constitutional approach, tackling systemic deficiencies at the domestic level. This paper investigates the interplay between individual rights and constitutional justice in Albania, with particular attention to relevant ECtHR rulings that have influenced national legislation. The analysis underlines the transformative impact of ECtHR case law on Albania’s legal landscape and evaluates the Court's influence on the alignment of domestic laws with international human rights norms, while also addressing the persistent challenges faced in this endeavor. By exploring the evolving role of the Court, this research adds to the ongoing discussion regarding the ECtHR’s status within the European legal framework, highlighting its relationship with Albania’s domestic legislation.
Authors: Iva Tërova (Pendavinji), Nadia Rusi
Institutions: Fan Noli University, University of Tirana
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6930538051
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