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The role of the high court in the uniform application of the law in Albania

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The ultimate goal of legal certainty is to ensure predictability in the implementation of the legislation. Different application of the same legal provision or different interpretation by the court of the same issue undermine the principle of equality. The different application of the same provision weakens the integrity of law itself as a basis to regulate business and relationships. It also weakens the legitimacy and reputation of justice institutions, because when different standards are applied by the same court panel, the losing party can associate the different application of the law with discrimination, or have allegation of undue influence, corruption, or abuse of power.

In most of countries the role of ensuring and preserving the legal uniformity is given to the supreme jurisdiction. The High Court, being in the apex of the judicial system, is in better position to oversee the application of the law by lower courts and check on the quality of their decisions and how they apply the law. However, although the High Court might be vested with all the legal and formal mechanisms to ensure the uniform application of the law, this mission is not easily achieved and depends on other factors such as the level of access in the High Court, the application of the filters of appeal, the role of lower courts, especially the courts of appeal, as well as the existence of semi-formal and informal mechanism which facilitates or hinders the uniform application of the law.

This paper will focus on the role of the High Court in Albania in ensuring the uniform application of the law. It will give an overview of the position of the High Court and some ideas on effective mechanisms used and local challenges which affect the uniform application of the law.

Read the paper here:

The role of the high court in the uniform application of the law in Albania

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