Back New Guide on the Albanian Constitutional Court's jurisprudence on property rights for legal professionals is published

New Guide on the Albanian Constitutional Court's jurisprudence on property rights for legal professionals is published

The latest resource material for legal professionals, on the case-law of the Albanian Constitutional Court regarding property rights, is now available in Albanian. This guide aims to enhance the understanding and implementation of property rights in Albania, aligning with the standards set by the European Convention of Human Rights.

The guide aims to inform about the Constitutional Court's key decisions from its inception to present, serving as guiding principles for legislation impacting property rights. This material highlights key rulings and legal principles, providing insights into the protection and enforcement of property rights in Albania throughout the years. It contains a detailed analysis of landmark cases, situates national case-law within the broader European human rights framework and judgments by the European Court of Human Rights (ECtHR), and serves as a practical tool for field practitioners, scholars, and students.

This publication is issued in the framework of the action “Improving the protection of the right to property and facilitating the execution of ECtHR judgments in Albania (D-REX III)”, under the European Union and the Council of Europe joint programme "Horizontal Facility for the Western Balkans and Türkiye".

 

 - THE CASE-LAW OF THE ALBANIAN CONSTITUTIONAL COURT REGARDING PROPERTY RIGHTS

Albania 29 July 2024
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What is the Horizontal Facility?

The joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye” (Horizontal Facility III) is a co-operation initiative and one of the results of the Statement of Intent signed on 1 April 2014 by the Secretary General of the Council of Europe and the European Union Commissioner for Enlargement and European Neighbourhood Policy, in which both Organisations agreed to further strengthen their co-operation in key areas of joint interest.

The programme is ongoing since 2016 and the third phase begun in January 2023 for a period of 48 months. The third phase of the programme (worth €41 million (85% funded by the EU, 15% by the CoE) keeps building on the results of the previous phases and it combines Beneficiary-specific and regional actions.

It enables the Beneficiaries to meet their reform agendas in the fields of human rights, rule of law and democracy and to comply with European standards, which is also a priority for the EU enlargement process.

Themes covered by the Horizontal Facility include:

  • strengthening justice
  • fighting corruption, economic crime and money laundering
  • promoting anti-discrimination and protection of the rights of vulnerable groups (including LGBTI, minorities and Roma) and
  • promoting and protecting freedom of expression and media

The Expertise Co-ordination Mechanism that provides legislative expertise and policy advice within the Council of Europe system remains also an important part of the programme available to all Beneficiaries.

The Horizontal Facility relies on the Council of Europe’s unique working methods, whereby tailor-made technical co-operation activities are based on conclusions and recommendations of the Council of Europe’s monitoring bodies highlight areas where improvements are needed in legislation and policies of the Beneficiaries to comply with the Organisation’s treaties and other standards.

 

Which Horizontal Facility actions are being implemented in Albania?

In Albania, the following actions are currently being implemented:

  • Strengthening the quality and efficiency of justice in Albania (SEJ IV)
  • Improving the protection of the right to property and facilitating execution of ECtHR judgments in Albania (D-REX III)
  • Enhancing the protection of human rights of prisoners in Albania
  • Action against economic crime in Albania
  • Advancing the protection from discrimination in Albania 
  • Protecting freedom of expression and of the media in Albania (PRO-FREX-A)