Legal Innovations to the Strasbourg Court and the Decision Qama versus Albania

Abstract

Strasbourg Court in the past three years has undergone some important changes relating to its internal functioning. Precisely the aim of this article is to reflect these innovations to give a better understanding of the organization on the Strasbourg Court issues. We have to mention here as the first legal innovation of the court the judicial disputes according to the urgency of the application, and when the request is based on the articles 2,3,4,5 par. 1 of the ECHR. Also part of this paper will be the next innovation of the Strasbourg Court the pilot judgment and his positive consequences, on the functioning of the court. Part of our analysis will be the final decision against Albania of Mr. Qama on January 8, 2013, which represents for us, but we think also for the readers, a special interest in terms of legal issues raised in the trial of the case. The question in this part of analysis is: To ëhat extent are recognized foreign decisions in our country, by the Albanian state courts, at the time when there was a decision of another court outside Albania on the same issue, facts, subject? Also a very important aspect of this decision is the interpretation of the legal notion of a state's positive obligation to take steps to protect the privacy of its citizens. After analyzing our article it is stated that Strasbourg Court seeks to achieve a very high level of professional and legal justification of its decision, with a main disadvantage the large number of applications that it faces.

DOI: 10.5901/mjss.2013.v4n6p365