Skip to main content

The role of legislation and courts in the protection of the environment in the European Union and its impact on the European integration of Albania

Erjon Muharremaj

elni Review 2018, Issue 1, pp. 11-16. https://doi.org/10.46850/elni.2018.003

This paper analyses the main role of legislation and courts in the protection of the environment in the EU and its impact on the course of the European integration of Albania, a candidate country for EU membership. It begins with a brief analysis of the relationship between EU law and domestic law of Member States. It continues with the analysis of the relationship between international law and domestic law in Albania, and sets out the role of the courts in the protection of environment in the EU. Further, the scope of the analysis includes the challenges, the status, and the role of courts in the process of the approximation with the environmental acquis in Albania. Lastly, it is argued that the protection of the environment is multi-faceted and requires an integrated approach. Although Albania has generally harmonised its environmental legislation with the acquis communautaire, it must make serious efforts towards its proper implementation in practice.

Access full article

References

  1. The treaties of the European Union.
  2. Ludwig Krämer, “The Single European Act and Environmental Protection, Reflections on Several New Provisions in Community Law”, Common Market Law Review, Vol. 24, 1987, p. 682-688.
  3. Opinion of the Legal Service of the Council, Nr. 11197/07, date 22 June 2007.
  4. Allan F. Tatham, “EC Law in Practice. A Case-Study Approach”, HVG-Orac, 2006, p.21 and Alexandre Kiss, Dinah Shelton, “Manual of European Environmental Law”, Cambridge: Grotius Publications, 1993.
  5. Gyula Bándi, “ECJ Environmental Jurisprudence – The Role of Explanatory Provisions”, p. 11, in Gyula Bándi, (eds.), “The Im- pact of ECJ Jurisprudence on Environmental Law”, Akaprint Kft, 2009.
  6. Francis Jacobs, “The role of the European Court of Justice in the Protection of the Environment”, Journal of Environmental Law, 2006, Vol. 18, Nr. 2, p. 194.
  7. Court of Justice of the European Union, 1988, Judgment of the Court of 20 September 1988. Commission of the European Communities v Kingdom of Denmark. Free movement of goods - Containers for beer and soft drinks (Case 302/86).
  8. Court of Justice of the European Union, 2005, Judgment of the Court (Grand Chamber) of 26 April 2005. Commission of the European Communities v Ireland. Failure of a Member State to fulfil obligations - Environment - Waste management - Directive 75/442/EEC, as amended by Directive 91/156/EC - Articles 4, 5, 8, 9, 10, 12, 13 and 14. (Case C-494/01).
  9. Xhezair Zaganjori, “Vendi i së Drejtës Ndërkombëtare në Kushtetutën e Republikës së Shqipërisë” (Position of international law in the constitution of the Republic of Albania), Jeta Juridike, Nr. 2, February 2004, School of Magistrates, Tirana, p. 32.
  10. Court of Justice of the European Union, 1990, Judgment of the Court (Sixth Chamber) of 13 November 1990. Marleasing SA v La Comercial Internacional de Alimentacion SA. 
    Reference for a preliminary ruling: Juzgado de Primera Instancia e Instruccion no 1 de Oviedo - Spain. Directive 68/151/CEE - Article 11 - Consistent interpretation of national law (Case C-106/89).
  11. Ludwig Krämer, “EC Environmental Law”, London, Thomson- Sweet&Maxwell, 2007.
  12. Court of Justice of the European Union, 2005, Judgment of the Court (Second Chamber) of 20 October 2005. Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. Failure of a Member State to fufil obligations - Directive 92/43/EEC - Conservation of natural habitats - Wild fauna and flora (Case C-6/04).
  13. Constitution of the Republic of Albania.
  14. Alfred Kellermann, “Impakti i anëtarësimit në BE në rendin e brendshëm ligjor të Republikës së Shqipërisë” (Impact of EU membership on the domestic legal order of the Republic of Albania), “E drejta parlamentare dhe politikat ligjore”, Nr. 1, 2007.
  15. Luan Omari, Aurela Anastasi, “E drejta kushtetuese”, ABC, 2010.
  16. Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, OJ 2009 L 107.
  17. Commission of the European Communities, 2008, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on implementing European Community Environmental Law, COM(2008) 773 final.
  18. Commission of the European Communities, 2007, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Mid-term review of the Sixth Community Environment Action Programme, COM(2007) 225 final.
  19.  Unifying judgment of the Joint Benches of the Supreme Court of the Republic of Albania, Nr. 1, 17.1.2011.
  20. Judgment nr. 172, date 10.01.2009, Court of First Instance of Tirana, referring to the judgment of the ECJ of 3 July 1991, Case C-62/86, AKZO Chemie BV v. Commission of the European Communities.