Etien Isak
- University of Tirana, Faculty of Law; Judge Candidate at School of Magistrates of Albania; Rruga: βMilto Tutulaniβ, 1019 Tirana, Albania
Elidjana Bregu
- Judge Candidate at School of Magistrates of Albania; Rruga: βAna Komnenaβ, 1064 Tirana, Albania
Abstract:
Expropriation is an extraordinary manner of limiting ownership, based on which the ownership of properties passes from private to public ownership, so using this limitation of ownership, the owner is completely deprived of ownership of his property. For this reason, expropriation is provided directly in Article 41 of the Constitution of the Republic of Albania. This article guarantees every natural/legal person the right to fair remuneration and the right to contest the value of such remuneration in court. According to Albanian law, the Council of Ministers issue the expropriation act, while the affected subjects have the right to file a lawsuit in the competent Administrative Court. Such an act of expropriation can be challenged judicially only in terms of the remuneration the Council of Ministers granted. Regarding the exercise of the constitutional right of judicial appeal toward the value of the expropriation determined through the relevant act of expropriation, there have been different interpretations in Albanian judicial practice. These interpretations differ about when the owners are notified of the final act of expropriation, which determines the value of fair remuneration. The interpretation regarding the moment of the beginning of the term to file a lawsuit against the value of the remuneration appears to be very important for guaranteeing the right of access to the court, considering that this right is guaranteed by Article 6 of the European Convention on Human Rights. The different interpretations of the courts on the access of the plaintiffs to oppose the value of remunerations of the expropriation created many problems with the conventional right of access to the courts until the Administrative Panel of the High Court of Law unified a fair interpretation following the conventional right for access to the court.
Tenth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research - LIMEN 2024 - International Scientific-Business Conference β LIMEN 2024: Vol 10. Conference Proceedings , December 5, 2024
Conference Proceedings published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia
ISBN: 9788680194929 , ISSN: 26836149 , DOI: 10.31410/LIMEN.2024
Creative Commons Non Commercial CC BY-NC: This article is distributed under the terms of the Creative Commons Attribution-Non-Commercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission.
