Interference of the executive power in the judiciary in Albania

Vishe Besmira
Additional contact information
Vishe Besmira: Prosecutor of the Republic of Albania, Albania

Academic Journal of Business, Administration, Law and Social Sciences, 2025, vol. 11, issue 3, 1-13

Abstract: This paper provides a comprehensive analysis of the interference of the executive power in the functioning of the judiciary in the Republic of Albania. It examines not only concrete instances of such interference—including those exerted through the media—but also their broader impact on the rule of law and the constitutional principle of separation of powers. The study draws upon an in-depth examination of key decisions of the Constitutional Court and the Supreme Court of Albania, which have established essential standards for safeguarding judicial independence. Particular attention is devoted to the jurisprudence of the European Court of Human Rights (ECHR), whose case law has significantly shaped the modern understanding of judicial independence and the accountability of judges and prosecutors. Through the analysis of specific cases, the paper identifies the most common forms of executive interference, including political pressure, influence over appointments, transfers, and dismissals of magistrates, as well as the repercussions these actions have on public perceptions of judicial independence, the effective functioning of judicial institutions, and overall trust in the justice system. In conclusion, the paper proposes concrete measures to strengthen judicial independence, such as improving the legal framework, enhancing transparency in appointment processes and judicial self-governance, and reinforcing the institutional culture of separation of powers. In doing so, the study contributes to the academic and institutional discourse on maintaining the balance of powers in a democratic state and aligning the Albanian justice system with European standards of independence and impartiality.

Keywords: Executive power; judiciary; legal analysis; Albania (search for similar items in EconPapers)
Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.2478/ajbals-2025-0023 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:vrs:ajbals:v:11:y:2025:i:3:p:1-13:n:1001

DOI: 10.2478/ajbals-2025-0023

Access Statistics for this article

Academic Journal of Business, Administration, Law and Social Sciences is currently edited by Endri Papajorgji

More articles in Academic Journal of Business, Administration, Law and Social Sciences from Sciendo
Bibliographic data for series maintained by Peter Golla ().