EIRP Proceedings, Vol 14, No 1 (2019)

The Right of Participation and Information in the Framework of Legal Process

Joniada Musaraj

Abstract


The right of the parties to be present at the hearings and to be informed, even though there have been ongoing complaints before the European Court of Human Rights, for violations of Article 6 of the Convention, recent years continue to refer to court cases whose decisions are found to be irregular according to the procedure and states are fined with high financial costs. There is therefore a need to remind the obligation that the national authorities have to comply with these decisions and not to be repeated in the future. In support of this purpose, several issues of the Constitutional Court in Albania and ECHR decisions are addressed. The number of cases is growing year after year. As a result, we understand that remains the main duty and responsibility of the judicial authorities in the de facto implementation of the right to participate in trial and information of court proceedings. While a person should recognize this right and make use of the means made available by the right to exercise it. It is interesting to show the current situation in which Albania confronts the Convention and the ECtHR. We have we have over 50 cases so far adjudicated at the European Court of Human Rights, with the Albanian State party, subject to the violation of Article 6 of the Convention.

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