The Importance of the Judiciary for the European Integration of EU Candidate Countries: The Case of Albania

Abstract

All Western Balkan countries currently holding the EU Candidate Country status, namely, Albania, Montenegro, FYROM, Serbia, and hopefully in the near future Kosovo, are in a critical stage of the EU integration. From their institutions are required serious reforms, and some of these reforms are necessary for almost all the of above countries. The focus of this paper is Albania. After the approval of the EU Candidate Country status, each branch of the Albanian government is now facing new legal challenges. However, at this stage, particularly after the vetting process, the central role passes to the judiciary, which should and could turn into a real “engine” of the EU integration. The new role of the Albanian judiciary for the EU integration should primary be understood and recognized by judges themselves, as well as academics and the public. Judges in particular, should know what instruments are available there, in order to best perform their new task. This paper initially aims to clarify the new role of the Albanian judiciary, as the “engine” of the EU integration, in order to raise awareness not just to judges, but also to academics and the public. Then, it will present what practical instruments can and must be used by the Albanian judiciary in order to best achieve the required EU integration. Examples of such instruments are: the preliminary ruling; principle of supremacy; principle of direct effect; principle of indirect effect; and most importantly, EU remedies in national courts. The paper will analyze each of these instruments and will display precisely how Albanian courts can use them in favor of their citizens, and for achieving higher EU integration. In conclusion, the article suggests that although significant constitutional and legal reforms are needed, the existing constitutional and legal framework of Albania allows the judiciary to perform its new role as the “engine” of the EU integration.