Abstract
Strasbourg Court in the past three years has undergone some important changes relating to its internal functioning. Precisely the aim of this article is to reflect these innovations to give a better understanding of the organization on the Strasbourg Court issues. We have to mention here as the first legal innovation of the court the judicial disputes according to the urgency of the application, and when the request is based on the articles 2,3,4,5 par. 1 of the ECHR. Also part of this paper will be the next innovation of the Strasbourg Court the pilot judgment and his positive consequences, on the functioning of the court. Part of our analysis will be the final decision against Albania of Mr. Qama on January 8, 2013, which represents for us, but we think also for the readers, a special interest in terms of legal issues raised in the trial of the case. The question in this part of analysis is: To ehat extent are recognized foreign decisions in our country, by the Albanian state courts, at the time when there was a decision of another court outside Albania on the same issue, facts, subject? Also a very important aspect of this decision is the interpretation of the legal notion of a state's positive obligation to take steps to protect the privacy of its citizens. After analyzing our article it is stated that Strasbourg Court seeks to achieve a very high level of professional and legal justification of its decision, with a main disadvantage the large number of applications that it faces. DOI: 10.5901/mjss.2013.v4n6p365
Highlights
If the claimant is dissatisfied with the terms of issue unilateral declaration will be removed from the list of issues the Court and its implementation will be supervised by the Committee of Ministers (Article 39 of the European Convention)
Based on this article court must see the importance and urgency of the matter to decide which cases should be tried by the Court immediately (Temperman, J. 2011. pg. 78). This body set some fixed criteria by which the Court will decide the issue. These criteria which determine the performance of this case are: 1) emergency applications where human life or health is in danger or circumstances related to personal and family life of the applicant, especially when there's a child's welfare
In the Interlaken Conference in February 2010 a court ruled by the filter section on disputes coming from five (5) countries, from which originates a greater number of cases in the Strasbourg Court
Summary
In the case before the Strasbourg Court an amicable solution has been unsuccessful, without result of compromise between the parties, the government can undertake corresponding affirmative, citing a statement by its Contracting State has violated the European Convention and shall take all steps for the compensation of the applicant-seeker. In the case before the Strasbourg Court an amicable solution has been unsuccessful, without result of compromise between the parties, the government can undertake corresponding affirmative, citing a statement by its Contracting State has violated the European Convention and shall take all steps for the compensation of the applicant-seeker1 This statement is known as unilateral declarations and is regulated by Law No Regulation 62A of the Strasbourg Court. In February 2010 the Interlaken Conference on the topic of the future of the Strasbourg Court, cited the crucial role of the unilateral Declaration, in the treatment of recurrent cases (Giorgetti, Ch. 2012 pg. 325, Keller, H& Forowicz, M &Engi, L. 2010 .pg. 15)
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