Individual Appeal to Albanian Constitutional Court The object of control, the subjects that are legitimized, the conditions of legitimacy

• Main Authors: Shaban Nikola, Flogerta Biba
• Format: Article
• Language: English
• Published: International Institute for Private Commercial and Competition Law 2019-01-01
• Series: European Journal of Economics, Law and Social Sciences
• Online Access: http://iipccl.org/wp-content/uploads/2019/01/161-171.pdf
• ISSN: 2519-1284; 2520-0429

The new constitutional changes brought about a reform of the legal system for the protection of fundamental civil and political rights and liberties. In this regard, for the fi rst time in the Albanian legal system is provided the institute of “Individual Appeal” at the Constitutional Court, which legitimizes the subjects of the right to address to the Constitutional Court for violating the fundamental rights and freedoms set forth in the constitution. This institute, unlike the previous constitutional complaint, extends the circle of rights to which citizens, entities of the right can address to the Constitutional Court. The dissertation will focus on the innovations of this constitutional reform, the distinction between the previous system of appeal to the Constitutional Court and the current system, but also the distinction between "individual appeal" and "popular claim". Particular attention will be paid to the conditions that constitutional and legal norms provide for the legitimization of subjects, enriched with the practice of the Constitutional Court. The individual appeal institute being a new model will be compared with the case law of the European Courts, mainly of the German Federal Constitutional Court, in order for this practice to serve scholars and applicants for as long as possible legally.