La CEDU negli ordinamenti costituzionali dei Balcani occidentali. I casi di Albania, Macedonia e Montenegro.

The study explores the relationships between the ECHR and the constitutional systems of some Western Balkan countries, particularly Albania, Macedonia and Montenegro. The aim of the thesis will be the analysis on the status and the implementation of the ECHR in the constitutional systems of these countries. Said investigation cannot be separated from the analysis of the implementation by those States of the recommendations of the 2004 package adopted by Committee of Ministers of the Council of Europe with a view to encouraging the Contracting Parties to ensure adequate protection to the rights enshrined in the ECHR at national level. In particular the recommendations in question, on one hand, encourage the improvement of domestic legislation of Contacting Parties and the effectiveness of domestic remedies, including the reopening of the proceedings to comply with the judgment of the ECtHR and, on the other one, aim at ensuring at national level an appropriate academic and professional know-how on the ECHR. After a brief analysis of the protection of fundamental rights provided by the ECHR (Chapter 1), the ratification of the ECHR by the Contracting Parties as well as the necessity of national protection of the rights and freedom guaranteed by the ECHR (Chapter 2), the study focuses on the status and the implementation of the ECHR in Albania, FYROM and Montenegro (Chapters 3, 4 and 5). It analyzes in particular the constitutional evolution, the judicial systems, the relations between constitutional and international law with particular reference to the ECHR, the placement of the Convention in the hierarchy of sources of law, the violations of the ECHR, the execution of the judgments of the Strasbourg Court and the implementation of the recommendations of the 2004. The ultimate goal is a comparative assessment on the effects of the ECHR in these jurisdictions (Chapter 6) comparing the same in light of the attitude towards international law, the role and the rank of the ECHR, the domestica regulation of proceedings, the execution of judgments of the ECtHR, the main provisions of the ECHR violated. This survey is an attempt to bring to light the similarities and differences of legal systems concerned in the implementation of the ECHR and the case-law of the Strasbourg Court. This approach is fundamental to understanding the relationships between jurisdictions in the Balkan area and the functinong of the domestic systems of protection of rights in the concerned jurisdictions, paying attention to the "law book" and the “law in action”.