THE APPLICATION OF THE ECHR AND ITS JURISPRUDENCE BY ALBANIAN CONSTITUTIONAL JUDGES IN CRIMINAL DISPUTES

Abstract

The application of human rights is one of the main variables that

measure the democratic status of a country. While in traditional

literature, public law, which includes human rights, and criminal

law were divided, in recent years, judges have also applied human

rights in legal decisions related to criminal cases. This is more

evident in the case of Albania, where an individual constitutional

complaint against the violation of human rights has also been

established in the Constitution. In other words, after the decision

of the Supreme Court, citizens have direct access to the

Constitutional Court, if their human rights have been violated.

This paper studies the individual constitutional complaints in

criminal cases in Albania. The case of Albania was chosen as one

of the countries with a previous totalitarian regime.