The Application of the European Convention on Human Rights and its Jurisprudence by the Albanian Constitutional Court in Administrative Disputes

Abstract

This paper examines how Albania’s Constitutional Court has contributed to strengthening democratic civil society through the protection of human rights, particularly in the realm of administrative law, following the 2016 constitutional reform. Since then, individuals can directly file constitutional complaints in cases of alleged fundamental rights violations–an essential indicator of democratic maturity. Between 1 January 2022 and 31 December 2024, the Court issued 197 decisions on individual constitutional complaints. In 2024, 90% (76 out of 84) of decisions involved such complaints, with 32% (27 cases) relating to administrative law. Among these, 89% referenced the European Convention on Human Rights (ECHR), 37% cited the European Court of Human Rights (ECtHR) case-law, and 37% referred to both. In 2023, 91% (64 out of 70) of decisions addressed individual complaints, with 43% (30 cases) involving administrative law. Of these, 80% applied the ECHR, 40% cited ECtHR case-law, and 37% referenced both. In 2022, 81% (35 out of 43) of decisions addressed individual complaints, with 51% (18 cases) concerning administrative matters. Among these, 67% invoked the ECHR, while 44% cited ECtHR jurisprudence, and 44% referred to both. The most frequent human rights themes were: (1) unconstitutionality of administrative acts; (2) fair trial and due process; (3) judicial delays; (4) property rights and expropriation; and (5) access to justice. The most frequently applied provisions were Art. 6 (right to a fair trial), Art. 13 (effective remedy), and Art. 1 of Protocol No. 1 (protection of property). Albania’s evolving jurisprudence illustrates a growing alignment with international human rights standards and highlights the increasing role of constitutional adjudication in safeguarding individual freedoms against administrative action.