The Right of Property and its Juridical Protection - Albania Case

Abstract

Selected theme, aims to highlight some of the current issues concerning the right of property as one of the fundamental human rights. Although the Albanian Constitution provides and guarantees the right of ownership , there are a lot of problems regarding the practical effectiveness of these arrangements, the executive titles of ownership and prior compensation in the case of the removal of this right Consequently , the current situation clearly shows that, there is still superposition of these ownership titles and very little legal protection , because the transactions remain informal action apparently by law.According to the analysis of ECHR decisions and EC’s recommendations, in some cases, there is a “gap” between law and practice of the Albanian courts and international directions, causing crash between European standards and Albanian legal culture. In the context of respect and guarantee of the fundamental human rights, it’s necessary a great commitment to complete and consolidate the system of property in general and essentially not violated these rights .The consolidation and guarantee of ownership it’s closely related to the consolidation of the democratic state .