Year: 2026
Type: conference-paper
Abstract: Environmental and Climate Constitutionalism emerges as an immediate necessity to be at the center of societal focus, as it is, firstly, directly linked to the quality of life and life itself – the most fundamental human value and secondly, as a global challenge that, if not tackled on local, national, regional, and global levels, cannot be overcome by any society. The Constitution of Albania (1998) provides, in two articles – specifically Article 56, the right to information regarding environmental protection, and Article 59, letters “d” and “dh” – the right to a healthy and ecologically suitable environment for present and future generations, as well as the rational use of forests, waters, pastures, and other natural resources based on the principle of sustainable development. These are defined as social objectives to be realized within the possibilities of the state and are not subject to judicial protection (Article 59/2). The confrontation with these constitutional provisions raises the need for an analysis of whether the right to a healthy environment is sufficiently guaranteed in the Albanian Constitution and whether the judiciary faces normative obstacles in enforcing environmental standards. This paper aims to draw conclusions regarding the national standards required for the right to a healthy, clean and sustainable environment, as well as the need for the Albanian judiciary to assess and recognize violations of environmental rights (biodiversity, ecosystems, nature). Furthermore, it concludes on the necessity for environmental constitutional amendments, given that the current Constitution does not adequately address contemporary international developments from the perspective of environmental protection. Keywords Reform, environment, court, rights, constitution, environmental assessments
DOI: 10.37199/c41000929
Authors: Elsa TOSKA, Blerta MJEDA
Institution: Polis University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7127106132