Equality of Arms, Albanian Case and the European Court of Human Rights

Emira Kazazi, Ervis Çela

Abstract


One of the main principles of a fair judicial process is the equality of arms, an elaborated principle from the Albanian Constitutional Court Jurisprudence in full harmony with the definitions made in the European Court of Human Rights. This principle implies that anyone that is a party in the judicial process must have equal possibility to introduce its issues, and that no party must satisfy any considerable advantage against the opponent, establishing therefore a fair equilibrium between these parties. This principle finds regulation from a series of judicial norms, which are sanctioned in the Albanian Constitution as well as in the way the Penal Procedure Code sounds like. In this code, we find the sanctions of the principle for an accusing process, based on the contradiction of the penal law, providing procedural means which are equal for both parties in the trial.

DOI: 10.5901/ajis.2015.v4n3p181


Full Text: PDF

Licenza Creative Commons
This work is licensed under Creative Commons Attribution 3.0 License.

Academic Journal of Interdisciplinary Studies ISSN 2281 3993(Print) ISSN 2281-4612(Online)

Copyright © MCSER-Mediterranean Center of Social and Educational Research

To make sure that you can receive messages from us, please add the 'mcser.org' domain to your e-mail 'safe list'. If you do not receive e-mail in your 'inbox', check your 'bulk mail' or 'junk mail' folders..