Volltext herunterladen
(797.8 KB)
Zitationshinweis
Bitte beziehen Sie sich beim Zitieren dieses Dokumentes immer auf folgenden Persistent Identifier (PID):
https://nbn-resolving.org/urn:nbn:de:0168-ssoar-75239-9
Export für Ihre Literaturverwaltung
Enforcement of the European Union law before the Albanian Constitutional Court and the High Court
[Zeitschriftenartikel]
Abstract With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation... mehr
With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.... weniger
Thesaurusschlagwörter
EU; Albanien; internationales Abkommen; Rechtsprechung; Verfassungsgericht; Europäisches Recht; Rechtsanwendung; Assoziierung
Klassifikation
Recht
Europapolitik
Freie Schlagwörter
Stabilisation and Association Agreement; Acquis; High Court; Enforcement
Sprache Dokument
Englisch
Publikationsjahr
2021
Seitenangabe
S. 229-249
Zeitschriftentitel
Journal of Liberty and International Affairs, 7 (2021) 3
DOI
https://doi.org/10.47305/JLIA2137229s
ISSN
1857-9760
Status
Veröffentlichungsversion; begutachtet (peer reviewed)