Interpretation of Statutes at Albania
Interpretation of Statutes in Albania
1. Legal Framework
The interpretation of statutes in Albania is governed primarily by the Albanian Code of Civil Procedure and principles established by Albanian constitutional and statutory law.
Key frameworks include:
Constitution of the Republic of Albania (1998)
Supreme law guiding all legislative interpretation.
Law No. 49/2012 “On the Organization and Functioning of the Courts”
Establishes judicial authority and interpretive functions.
Civil Code and Code of Civil Procedure
Provide guidelines for the interpretation and application of civil laws.
2. Principles of Interpretation
Albanian courts and legal scholars apply several classical principles of statutory interpretation:
Literal Interpretation (Grammar)
The primary rule is to interpret the statute based on the ordinary and natural meaning of the wording.
Systematic Interpretation
Laws are interpreted in the context of the entire legal system, ensuring consistency with other statutes.
Teleological or Purposeful Interpretation
Consideration of the intent and purpose behind the statute, especially when the wording is ambiguous.
Historical Interpretation
Reviewing the legislative history and preparatory works to understand the lawmakers’ intent.
Logical Interpretation
Using reason and logic to resolve contradictions or gaps in the law.
3. Hierarchy of Interpretive Tools
Text of the statute (primary source)
Constitution (supreme legal norm)
Legislative intent (lawmakers’ will)
Judicial precedent (decisions of higher courts, especially the Supreme Court)
General principles of law
Comparative law (occasionally used for interpretation guidance)
4. Role of the Courts
Supreme Court of Albania provides authoritative interpretations of laws and ensures uniform application.
Lower courts follow these interpretations and binding precedent principles.
Constitutional Court intervenes where interpretation concerns constitutional compliance.
5. Tools and Methods
Use of commentaries and legal doctrine by Albanian scholars.
Application of rules against absurd or unjust results (interpretation must avoid unreasonable outcomes).
In ambiguous cases, preference for interpretation favoring the individual or the weaker party (e.g., in criminal and administrative law).
Summary
In Albania, statutory interpretation follows classical legal principles emphasizing the text’s plain meaning, the law’s purpose, and consistency within the legal system. Courts play a key role, with the Supreme Court ensuring authoritative interpretation and the Constitutional Court safeguarding constitutionality.
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