EU Enlargement, Its Impact at the European and National Level, and the Case of Albania

  • Alfred KellermannEmail author


From 2006 onwards, Albania has been working on agreements with the EU about joining, but it has not joined the EU at this moment. However, in July 2014 Albania received the EU candidate status. Albania’s constitution provides for the transfer of legislative powers to supranational organizations and no provisions in its constitutions are inconsistent with EU membership. The problem lies in the fact that some provisions do not exclude a possible negative interpretation, due to their openness. The biggest problem for Albania in joining the EU, according to the author, lies in the separation of powers, especially with regard to the judiciary. Although the independence is guaranteed, politics still have many ways to intervene, for example, via political nominations. Furthermore, case law is not being published. Some more positive signs of Albania’s attitude towards the supremacy of EU law lie in the way it has implemented the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court uses this convention to invalidate Albanian laws that are in conflict with provisions of this European Convention. In addition, Part Seven of the 1998 Constitution regulates normative acts and international agreements, stipulating that an international agreement that has been ratified by law has superiority over laws of the country.


European Convention Candidate Status International Treaty Constitutional Provision Judicial Cooperation 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


  1. Gjevori A (2008) The rights of non-member state nationals under the EU association agreements. Europ J Law Reform 10(3):339–382Google Scholar
  2. Kellermann AE, Czuczai J, Blockmans S, Albi A, Douma WTh (eds) (2006) The impact of EU accession on the legal orders of new EU member states and (pre-)candidate countries: hopes and fears. Asser Press, The Hague, T.M.CGoogle Scholar
  3. Kellermann A (2007a) Impact of EU Accession on the legal order of Albania. REVISTA E drejta parlamentare dhe politikat ligjore [Parliam Law Legal Polic Rev] 2007(1):4–35Google Scholar
  4. Kellermann A (2007b) European experiences of good governance. REVISTA E drejta parlamentare dhe politikat ligjore [Parliam Law Legal Polic Rev] 2007(3)Google Scholar
  5. Kellermann A (2007c) Report on guidelines for an effective approximation of Albanian legislation with the acquis communautaire. REVISTA E drejta parlamentare dhe politikat ligjore [Parliam Law Legal Polic Rev] 2007(3)Google Scholar
  6. Kellermann A (2008a) Guidelines on the quality of EU legislation and its impact on Albania. Europ J Law Reform 10:183–218Google Scholar
  7. Kellermann (2008b) Legal effects of EU Association Agreements for non EU Member State nationals. REVISTA E Drejta parlamentare dhe politikat ligjore [Parleam Law Legal Polic Rev] 2008:4–63Google Scholar
  8. Kellermann A (2009) Accession Negotiation Techniques for Albania. REVISTA E Drejta parlamentaredhe politikat ligjore [Parliam Law Legal Polic Rev] 2009:1–21Google Scholar

Copyright information

© T.M.C. Asser Press and the authors 2016

Authors and Affiliations

  1. 1.The HagueThe Netherlands

Personalised recommendations