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Gjevori, Anduena
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Albania in the EU? Constitutional Implications of the Doctrine of Supremacy of EU Law Gjevori, Anduena
Mediterranean Journal of Social Sciences Vol. 3 No. 5 (2012): Special Issue
Publisher : Richtmann Publishing

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The doctrine of the supremacy of Community Law as developed by the ECJ has been at the heart of juridical and doctrinaldebates. One of the most acute issues for national courts in the European Union has been whether to accept EU law as the supreme lawof the land, giving it primacy even when conflicting with national constitutional provisions. The judicial approach regarding this principleeven in the new Member States from Central Eastern Europe has been varying. Therefore, we analyze the position of a potentialMember State such as Albania, the role of its Constitution and Constitutional Court, regarding the doctrine of supremacy of EU law asdeveloped by the ECJ. Many Albanian authors, according to the Kelsenian concept of the legal system as a pyramid, interpret Article116 of the Albanian Constitution as creating a hierarchy between the sources of the law, by placing the Constitution in the first place.However, the Albanian Constitution was drafted to facilitate the Euro-Atlantic integration of the country and includes specific articles forthe abovementioned integration. One of them - Article 122/3 relevant to the doctrine of supremacy of EU law - will be analysed tounderstand whether its language upholds the doctrine of supremacy of EU law. We will supplement such analysis with a general view ofthe constitutional provisions and Constitutional Court decisions, which address the problems of international law in the Albanian legalsystem. Such analysis is both important and timely since the pending ‘candidate status’ for Albania will both widen and deepen Albania’srelationship with the EU making the issue of the supremacy of EU law legally more pressing and socially and politically more pertinent.
Albania in the EU? Constitutional Implications of the Doctrine of Supremacy of EU Law Gjevori, Anduena
Mediterranean Journal of Social Sciences Vol. 3 No. 6 (2012): Special Issue
Publisher : Richtmann Publishing

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The doctrine of the supremacy of Community Law as developed by the ECJ has been at the heart of juridical and doctrinaldebates. One of the most acute issues for national courts in the European Union has been whether to accept EU law as the supreme lawof the land, giving it primacy even when conflicting with national constitutional provisions. The judicial approach regarding this principleeven in the new Member States from Central Eastern Europe has been varying. Therefore, we analyze the position of a potentialMember State such as Albania, the role of its Constitution and Constitutional Court, regarding the doctrine of supremacy of EU law asdeveloped by the ECJ. Many Albanian authors, according to the Kelsenian concept of the legal system as a pyramid, interpret Article116 of the Albanian Constitution as creating a hierarchy between the sources of the law, by placing the Constitution in the first place.However, the Albanian Constitution was drafted to facilitate the Euro-Atlantic integration of the country and includes specific articles forthe abovementioned integration. One of them - Article 122/3 relevant to the doctrine of supremacy of EU law - will be analysed tounderstand whether its language upholds the doctrine of supremacy of EU law. We will supplement such analysis with a general view ofthe constitutional provisions and Constitutional Court decisions, which address the problems of international law in the Albanian legalsystem. Such analysis is both important and timely since the pending ‘candidate status’ for Albania will both widen and deepen Albania’srelationship with the EU making the issue of the supremacy of EU law legally more pressing and socially and politically more pertinent.
The Rights of Albanian Nationals under the Stabilization and Association Agreement between Albania and the European Communities Gjevori, Anduena
Mediterranean Journal of Social Sciences Vol. 4 No. 1 (2013): January 2013
Publisher : Richtmann Publishing

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This paper investigates the legal effects of the EU Association Agreements in the EU legal order and in the legal order ofAlbania with a special focus on the rights established for Albanian nationals by the Stabilization and Association Agreement(SAA). It first considers the legal effects of the EU Association Agreements in the EU legal order during the pre-accessionperiod. Such analysis shows that agreements between the Union and non-member states countries which follow the procedureprovided by Article 218 of the TFEU form part of the EU legal order. According to the ECJ, provisions of associationagreements can have direct effect provided that they contain a clear and precise obligation. Therefore, nationals of nonmemberstate countries party to an agreement with the EU can rely on the provisions of those agreements before the courts ofthe Member States. On the other hand, the legal effects of the SAA in the Albanian legal order during the pre-accession perioddepend on the interpretation of the Constitution from Constitutional Court especially of those provisions which concern therelationship of international law with national law and on the interpretation of the objectives of the SSA itself by national judges.Therefore, the second part of the paper will analyse the relationship of international and national law according to theconstitution and also the possibilities for supremacy and direct effect of the European law in the Albanian legal order. We willsupplement such analysis with recent Constitutional Court decisions, which address the problem of legal effects of EU law inthe Albanian legal order. The overall purpose of such analysis is to shed light on the citizen’s rights in regard to the so-calledpre-accession effect of EU law when the aspiring member state is on the way to full membership. This analytical perspective isimportant to both Albania and other South East European countries which are in the same legal position and are confusedabout the rights that their citizens gain from the SAA.
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