Organization of the Albanian Judicial System

Abstract

All the countries of the former communist bloc, after the fall of totalitarian regimes in the early 1990s, established new governments oriented towards democratic reforms, following the model of countries with high standard democracies, which put the focus on the individual and his freedoms and rights. A distinctive feature of these new democracies in relation to their socio-political tradition was the drafting of liberal constitutions in which state power is distributed among different institutions to achieve a separation of powers, where a functional component of any government is the separation of the judiciary by the executive. The Constitution of the Republic of Albania clearly reflects the intention of the people for the construction of the rule of law, ie a state where the rule of law shall prevail and where everyone is equal before the law. The Constitution, based on the state-building philosophy, accepts the principle of separation of powers . By sanctioning this principle in the given Constitution, the powers in the Republic of Albania are separated and exercised by different state bodies in such a way that no power can exceed its competencies, without being subject to control and counteraction by other powers. Based on the principle of separation of powers, the judicial function is exercised only by the courts. This is the reason why the exercise of judicial function by other powers shall be prohibited, since it violates the independence of the judiciary.

Received: 5 June 2021 / Accepted: 10 July 2021 / Published: 15 July 2021