The Application of the Echr and Its Jurisprudence by Albanian Constitutional Judges in Criminal Disputes

The application of human rights is one of the main variables that measure the democratic status of a country. While in traditional literature, public law, which includes human rights, and criminal law were divided, in recent years, judges have also appliedhuman rights in legal decisions related to criminal cases. This is more evident in the case of Albania, where an individual constitutional complaint against the violation of human rights has also been established in the Constitution. In other words, afterthe decision of the Supreme Court, citizens have direct access to the Constitutional Court, if their human rights have been violated. This paper studies the individual constitutional complaints in criminal cases in Albania. The case of Albania was chosen as one of the countries with a previous totalitarian regime. After identifying the criminal cases where human rights have been applied, this paper reviews the application of human rights in concrete disputes. In the conclusions reached, the research underlines the application of international human rights by Albanian constitutional judges.