The Codification of the Transport Legislation in Albania under EU Integration Process: Is It an Italian Model?

Abstract

In recent decades the process of EU integration has driven the Albanian legislation development. The adoption of legislation in line with the acquis was often made not through real legislative process but as a need of implementation of EU regulations and directives, with the assistance of EU experts. This process not only has offered the best models of legislation but, it has also taken into account the specifics of the Albanian legal system. Through this paper we aim to provide an overview of the implementation of acquis in the field of transport law, and also offer an insight on how Albania has regulated the sector based on international conventions, EU legislation and foreign models like the case of Italy. On one hand Albania has adopted Codes for the regulation of railway, air and maritime transport and on the other hand there are laws that regulate road transport. These Codes are to be considered as an exhaustive of their field of competence, following the patterns of Italian legislation, but yet there are evidences that these Codes are far away from being considered as autonomous within the legal system. However, there is still a lack of secondary legislation that finds its origin in these codes. For the purposes of this paper we will take in consideration the approval and the entry into force of the Maritime and Air Codes and their alignment with the EU legislation and international conventions.