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Two Landmark Decisions of the Albanian Constitutional Court: The Individual, the Employee, and the State

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For more content, see Review of Socialist Law.

The present article focuses on two important decisions of the Albanian Constitutional Court that have clarified the right to a fair hearing in circumstances in which removal proceedings against top government officials are at the center of an administrative dispute. In interpreting the Constitution and following its established jurisprudence, the Court held that the right to a fair hearing exists in every administrative proceeding that has a "punishing character".

The dispute arising from the removal of Albania's General Prosecutor in the spring of 2002 has provided a rare opportunity to debate important issues of constitutional law and human rights in what was a previously closed and oppressed society. The article outlines the circumstances surrounding the case, highlights related Albanian law and jurisprudence, discusses the role in such cases of the Parliament and President, set forth the pleadings before the Court, and analyzes the Court's rulings.

The Court's rulings are also framed in a comparative context against the landmark case of Pellegrin v. France, as decided by the European Court of Human Rights, as well as the doctrine of procedural due process.


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