The Problems Arising from the Application of the Right to Judgment within A Reasonable Time Against the State of Albania

Brunela Kullolli
“Aleksander Moisiu” University of Durres ,Faculty of Political Sciences and Law

Abstract

My contribution to the present conference shall address in this topic: The problems arising from the application of the right to judgment within a reasonable time against the state of Albania. This work analyzes the conditions that should completed by the heir unable to work, to be considered or not subject to Article 5,6 of the Convention. The reason for the selection of this topic, this topic was born following the decisions of the Strasbourg court in the incorrect application by the Albanian courts of Article 5 of the European Convention on Human Rights The research work is directed to the study of doctrine, legislation and analysis of case law for cases with the same object, where are identified about cases/decisions, the conclusions of which are discussed below. The first part focuses on the normative-legal regulation of the protection of the right to trial within a reasonable time in Albanian legislation. The second part gives a concise overview of the trial of the case within a reasonable time. The jurisprudence of the Constitutional Court, the procedural moments where the institute is selected, the evolution with the changes of the civil procedure code and the practical cases judged by this court. The third part deals with the comparative analysis between practical cases. Violation of the principle of trial within a period in the case of Laçej and others against Albania, request no. 22122/08 In the Zeqo and Seat SHPC case against Albania, requests no. 61445/12, the Mulla v. Albania case, request no. 72348/11, the Mulla v. Albania case, request no. 72348/11, etc. CONCLUSIONS Changes to the Code of Civil Procedure (CPC) in 2017 brought important changes to increase citizens' access to justice, providing reasonable deadlines for trial and mandatory execution, this analyzes the practical implementation of the changes undertaken, within the reform in law, in connection with the Code of Civil Procedure In the framework of the Reform in Justice, the KPC provided that the reasonable time for the completion of the process for the civil trial at each of the three levels of trial (court of first instance, court of appeal and high ) is two years. However, the legal regulations are numerous and continue to be problematic for the review of the non-trial within a reasonable time, including the trial of the appeal in the Supreme Court, as well as the lack of effective means of appeal in this regard, ECHR. unjustifiable is also the violation of the principle of trial within a reasonable time, for the review of the non-execution of the final court decision, the violation of the effective means of appeal and the right to property in the procedural aspect, the ECHR assesses that the delay in the execution of the court's decision is unjustifiable and contradicts Article 6 of the ECHR.

Presentation