The European Court of Human Rights(ECtHR), since its creation, has drawn the attention of many scholars for its effectiveness in protecting human rights of European citizens and, above all, for its flexibility to be adapted to the new developments, cu...
The European Court of Human Rights(ECtHR), since its creation, has drawn the attention of many scholars for its effectiveness in protecting human rights of European citizens and, above all, for its flexibility to be adapted to the new developments, cultural and social, and for the ability to improve itself through new reforms. However, despite the success of the Court, there is no lack of criticism on the operation of the Court.
The purpose of this research is to discuss some of the problems the European Court of Human Rights is presently facing with despite its fame and new entries of the CEE countries into the European Convention of Human Rights (ECHR). This dissertation also analyses the backlogged state of the Court due to the increased rate of applications and the high number of judgments yet not implemented at the domestic level. It also examines carefully the outcomes of the reforms performed by the European Court of Human Rights to tackle those problems.
The ECtHR continues to have a significant impact on the protection of human rights in the European continent, although the Court is facing some problems. This research analyzes in detail the impact of the judgments of the ECtHR on all its member states and Albania in particular.
This research further focuses on the contributions of the judgments of the ECtHR in the Republic of Albania. This research affirms that the judgments have provided human rights standards in the domestic legal order of Albania and analyzes how the Albanian laws have been changed and adapted to the standards in the ECHR. Furthermore, it explores various ways for further improvements of human rights standards in Albania.
During the study carried out, this research encountered insufficient materials, written in either English or Albanian, about the impact of the judgments of the Court on the Albanian laws and their implementation in Albania. Moreover, there are exceptionally few materials from academics in the Albanian language on the ECHR and practice of the Court. Especially when it comes to the Court's judgments for the third party, violation of the Convention might be a result of the lack of knowledge about the ECHR and practice of the Court.
Even though Albania has taken some steps to fulfill its obligations under the ECHR, the number of judgments which were implemented in Albania is not yet so high. Sometimes, the implementation is not satisfactory, especially in the case of the pilot judgments.
The non-implementation of the ECtHR's ruling in Albania relates to several reasons such as limited knowledge about the work of the ECtHR and its practice, institutional weaknesses in the implementation of the Court's rulings, and country's poor economic situations, without leaving aside the country’s unwillingness to implement the Court's rulings.
Furthermore, in order to clearly understand the characteristic of Albanian implementation, a part of this research is dedicated to the comparison of the implementation of the ECtHR's judgments in Western countries and in Central and Eastern countries based on three aspects. Firstly, the status of international law in domestic legal order. Secondly, the legal effect of the ECtHR's judgments. Thirdly, the implementation of the ECtHR's rulings and its jurisprudence in national judicial order despite their historical, cultural, and social differences. Although countries with new democracies tend to share some standard features of protecting human rights, when it comes to the reasons for non-implementation of the ECtHR's rulings, unfortunate economic situation hinders them from adequately fulfilling the ECtHR's rulings in the domestic sphere. The non-implementation is also from lack of institutional structure which enables the countries to follow up on the implementation process, lack of knowledge of the domestic judges, prosecutors, and lawyers about the content of the ECHR and the ECtHR's jurisprudence, and lack of impartiality of the national judiciary system.
Based on these findings, this thesis gives general suggestions on how to improve the human rights protection mechanism in Europe by being free from the accumulation of cases and how to achieve a faster and practical judgment without changing the current ECtHR's structure. In addition, this thesis makes some suggestions to improve the human rights protection system in Albania. The suggestions are for preventing the further violation of the ECHR in the future in Albania by educating the new generation of law practitioners and all the citizens, for enhancing the implementation of the ECtHR's decisions rendered to Albania, and for creating a particular enforcement institution to follow up the implementation process in Albania.