The Implementation of Final Court Decisions in the Republic of Albania

Abstract

The recognition and enforcement of Human Rights is one of the most important challenges of the democratic system. One of the fundamental freedoms and human rights guaranteed in the Albanian Constitution is the right to a fair court process, where the enforcing a final decision handed down by the trial panel is part of a trial (Decision dates 19 March 1997 Hornsby v. Greece, The European Court of Human Rights, Decision dates 8.8.1995, Schollo v. Italy, The European Court of Human Rights, Decision dates 18.11.2004 Cufaj LLC v. Albania, The European Court of Human Rights.) or judicial process. This article focuses particularly in this important legal issue. The purpose of this paper is related to the analysis of the effective legislation which defines the organization and functioning of the execution of final court decisions and the main problems that arise in its implementation. Experience has shown that there are many cases of non-enforcement of a final decision in the Albania, which has created throughout the years confusion and lack of legal security. The paper aims to show the effectiveness of the implementation of the Code of Civil and Criminal Procedure and laws which institute the governing the execution of final decisions. The study consists of analytical and critical character, as it tends to highlight the typical features that constitute our legislation about this institution and examines the hindrances that arise in its implementation. The paper concludes with the efforts being on the right track, but this path must continue with the consolidation of such a right by guaranteeing, recognizing and restoring the rights to the trial winner.

DOI: 10.5901/ajis.2015.v4n2s2p208