How the Albanian Constitution Welcomes the Eu Acquis Along Integration Process

Abstract

The first legislative gateway that must speak the language of the EU acquis during and after membership in the Union is the Constitution. In addition to quickening the process of integration, laying the foundation for the Constitution makes it easier for the remainder of Albania's laws to be approximated as EU law requires. Our Constitution was drafted being orientated towards democratic examples and incorporates all aspects of European and international values, including the protection of human rights, the application of the rule of law, and the institutionalization of the national government. From this angle, our Constitution has the appropriate European components, thus it is easy to anticipate the spirit of EU ideals in the Albanian legal system. The focus of this research paper is envisaged in the framework of the symposium ‘Albanian Constitution – 25 years Constitutional democracy’, organized from Department of Law in memoriam of the first democratic Constitution in 1998. It creates a humble relation with the international (European) law, even though lining some boundaries on further implementation. In our Constitution, article 123 point 3 provides that the norms issued by an international organization prevail in case of conflict over the law of the country. So, we are no longer simply talking about supremacy over the laws of the country, but even meaning a supremacy of the Constitution itself. Despite of being in these favorable conditions, there is also a potential possibility for the Constitution to face the need of changes at the moment of accession. The scope of this research is to define the legal dimension on how our Constitution welcomes EU acquis and also to analyze potential outcomes on the Constitutional changes (or not) at the moment of accession. Latest countries joining EU faced considerable elements for change at their Constitution when joined the European Union. These practices occurring once must be truly taken into consideration in Albanian integration phase towards the Union, in order to avoid any delays or prolonged process of Constitutional change. Exploring and analyzing the current provisions of Albanian Constitution will be offered as main points to envisage the road path of welcoming EU acquis. By comparative overview of latest countries joining EU such as: Czech Republic, Romania, Bulgaria and Croatia and others when appropriate, this paper will offer also some alternatives and perspectives on how our Constitution must be ready for any potential changes.

Received: 2 October 2023 / Accepted: 10 December 2023 / Published: 23 December 2023