Due Process, the Constitutional Right of the Defendant in the Trial: Overview According to the European Convention on Human Rights

Abstract

The right to a regular legal process is one of the basic rights recognized by the person, and more precisely a positive right, since its realization requires the intervention of the state. The care that must be shown in respecting the due process of law must be great. This requires not only the vigilance of the administrative bodies and the courts towards their legal obligations, but also the interest of the person himself to claim his right. The paper focuses on the approach that has the right to a regular legal process towards the defendant as well as on the jurisprudence of the Constitutional Court in Albania and the European Court of Human Rights. Answers are given to questions such as: what is the status of the right to a regular legal process in the Constitution of the Republic of Albania and how is it harmonized with the European Convention of Human Rights? What are some of the elements of this right; How is the defendant positioned in front of this right?

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