National Courts and the Application of EU Law: Lessons from Poland
... The above agreements serve as detailed blueprints outlining the parameters of engagement between Albania and the EU, encompassing a wide range of areas including trade, governance, human rights, and adherence to the rule of law. 9 The SAA came into effect on 1 April 2009, following its ratification by the Parliament of Albania, the European Parliament, and the parliaments of the 25 EU member states at the time of the SAA's signature in July 2006. The SAA requires inter alia that Albania should use all reasonable efforts to bring its laws into compliance with the EU acquis. ...
... Article 116 lists normative acts in force within the territory of the Republic of Albania, mentioning immediately after the Constitution and before laws of the Parliament, the ratified international agreements. Article 122.2 makes a significant 9 Ibidem. 10 declaration that a ratified international agreement has precedence over conflicting domestic laws. ...
This study will analyze the implementation of the EU-Albania Stabilization and Association Agreement (SAA) in the context of Albanian constitutional jurisprudence, with a particular focus on its status as a special source of law. The SAA holds a dual identity as both an international agreement ratified by the Parliament of the Republic of Albania and an instrument of EU law. This study aims to evaluate this dual status concerning the practical application of the SAA within the constitutional jurisprudence of the Constitutional Court of Albania. To achieve the objective of the study, two distinct research methods were employed. The desk-based research and the case study method. Desk-based research allowed for an in-depth exploration of existing literature, legal documents, and academic articles on the topic. The case study method facilitated the analysis of specific instances and rulings within Albanian constitutional jurisprudence that involve the implementation or interpretation of the SAA. In conclusion, a more precise understanding will be gained of how the SAA will be applied in the resolution of concrete disagreements under the Albanian constitutional jurisprudence.
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