Abstract
With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.
Highlights
In 2009, when the Stabilisation and Association Agreement (SAA) entered into force, judicial reform has been at the top priorities of the EU pre-accession
Looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court‟s decision and not to explain the importance of relying on EU law or CJEU case law
This article concludes that both the Albanian Constitutional Court and the High Court have followed a „Euro-friendly approach‟ in the pre-accession period, the EU law is applied as a persuasive source of law to support the court‟s decision and not to explain the importance of the EU law
Summary
In 2009, when the Stabilisation and Association Agreement (SAA) entered into force, judicial reform has been at the top priorities of the EU pre-accession. The Polish Constitutional Tribunal held that: “whilst interpreting legislation in force, account should be taken of the constitutional principle of sympathetic predisposition towards the process of European integration and the cooperation between States”.1 For these reasons, specific research focusing only on the EU law and its approach taken by Albanian highest courts need to be taken. Published online by the Institute for Research and European Studies at www.e-jlia.com the European Union) when applying provisions of domestic laws In this context, this paper analyzes the enforcement of EU Law by the Albanian courts at the pre-accession stage. One of the main reasons that this article argues relates to the lack of EU legal education of judges and lawyers
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