Forced Execution of Judicial Decisions as the Right to Fair Trial Applicability of this Principle in the Albanian Practice Cases that are handled by the Constitutional Court

Abstract

The degree of emancipation and development of a society depends on the respect and implementation of individual rights and the rule of law. Affirmation of the right would be a formality if the guarantee did not exist mechanisms for their implementation. Human rights are diverse and vary from their nature. One of the most fundamental rights that is envisaged in Article 42 of the Constitution, is the right to a fair trial. This study will focus on analyzing the legal framework as well as its material and procedural relating to a very important stage that of the execution of the law. Because a justice delayed is justice denied. Analysis and identification of obstacles and causes of non-execution of court decisions that have become final, thus constituting executive titles aiming at finding effective instruments to which the correct and prevent making the execution process more productive. Referring to the jurisprudence of the Constitutional Court and the European Union.The study requires reforming and improving the legal framework, but above all the institutional framework to enable the execution of judicial decisions as part of the right to a fair trial, as well as the importance and consequences of-non-enforcement. Satisfactory implementation of judicial decisions would testify for the well functioning of the rule of law and its basic principles, a fact which is very important especially in Albanian society, also in the context of integration into the European Union standards.

DOI: 10.5901/mjss.2013.v4n9p458