Length of proceedings as standard of due process of law in the practise of the Constitutional Court of Albania

Elsa Toska Dobjani
Abstract:
ECHR, as an international treaty is part of the Albanian legal system. Among international law instruments, the ECHR enjoys a privileged status in the Albanian legal system by virtue of Article 17 paragraph 2 of the Constitution according to which restrictions to human rights and freedoms cannot infringe the substance of those rights and freedoms and in no case can exceed the restrictions provided for in the ECHR. Article 1 of the Convention requires States to secure the substance of the rights to those in their jurisdiction. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an arguable complaint under the Convention and to grant appropriate relief. The scope of this paper is to analyse the effectiveness of the complaint to the Constitutional Court with regard to length of proceedings as part of due process of law in terms of proceedings during the court trial and after the process has been finalized and the final decision should be executed.

Keywords:
constitutional; complain; length; proceedings; remedy; effective; prevention

Full text available in PDF: Academicus-MMXVI-13-160-170.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2016.13.13

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