EU Enlargement, Its Impact at the European and National Level, and the Case of Albania

Abstract

From 2006 onwards, Albania has been working on agreements with the EU about joining, but it has not joined the EU at this moment. However, in July 2014 Albania received the EU candidate status. Albania’s constitution provides for the transfer of legislative powers to supranational organizations and no provisions in its constitutions are inconsistent with EU membership. The problem lies in the fact that some provisions do not exclude a possible negative interpretation, due to their openness. The biggest problem for Albania in joining the EU, according to the author, lies in the separation of powers, especially with regard to the judiciary. Although the independence is guaranteed, politics still have many ways to intervene, for example, via political nominations. Furthermore, case law is not being published. Some more positive signs of Albania’s attitude towards the supremacy of EU law lie in the way it has implemented the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court uses this convention to invalidate Albanian laws that are in conflict with provisions of this European Convention. In addition, Part Seven of the 1998 Constitution regulates normative acts and international agreements, stipulating that an international agreement that has been ratified by law has superiority over laws of the country.

Former Senior Policy Advisor and Head of EU Department at the TMC Asser Institute in The Hague, The Netherlands.