Access to the Court, as a basic principle of due process

MA. Anxhelina ZHIDRO, Dr.Sc. Sokol MËNGJESI, Dr.Sc. Klodjan SKËNDERAJ

Abstract


Access to the court, is one of the basic principle of due process. This principle is provided by the international acts and also by domestic laws. Constitution of Albania provides that every person has the right to address the court in order to protect their own legal rights, freedom and interests. Access to justice is an important aspect of due process, the absence of which makes in-existent the discussion for respecting the principle of due legal process. This principle is one of the European Convention of Human Rights elements of the article 6 and it is specifically interpreted by the European Court of Human Rights.

Albania undertook some action to reform the justice system, and some of laws are amendmented and affected even the part of access to the court. Some changes were done to the Procedural Civil Code, with the aim that the civil procedure to be easy, the time of the proceeding to be reasonable, the access to court to be easy for every citizen, the procedures to be simplified etc.

In this paper there are analyzied the rights to address to the court, as part of appropriate process, cases when this right can be restricted, which is the practice followed by the domestic courts intertwining with the attitude that keeps the European Court of Human Rights, the changes that were made to the laws by Albania during these years and affects that access to the court.


Keywords


access to court; due legal process; court fees;

References


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Full Text: PDF

DOI: 10.21113/iir.v8i2.441

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Copyright (c) 2018 MA. Anxhelina ZHIDRO

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