Albania's Constitutional Court as a Guarantor of Fundamental Rights

Abstract

The democratic changes that occurred in the early 90s marked a fundamental turn in the history of the Albanian State and its institutions. The democratic orientation of the state involved the commission of a deep institutional reform, which should open the way for democratic transformations to set up the rule of law and respect for The Human Rights. The Constitutional Court, as one of the most important institutions guaranteeing new constitutional order that was stationed in Albania. Since the beginning this institution was considered, by the Legislature, as the highest authority that guarantees respect for the Constitution and makes final interpretations of it. The Constitutional Court is recognized that it exercises control over judicial decisions and is limited in operation to protect the constitutional rights of every individual to a fair trial. The right to a fair trial is affirmed in Article 42 of the Constitution of the Republic of Albania and has the character of a right-constitutional guarantee. According to the Constitution Constitutional Court guarantees respect for the Constitution and makes its final interpretation, but the Constitutional Court also examines individual complaints of violation of their constitutional rights to a fair trial even after being exhausted all legal remedies to protect their.

DOI: 10.5901/ajis.2015.v4n2p231