The Anti-mafia law and the Constitution of Albania
Abstract
The Anti-mafia law is a continuation of the law against Organized Crime, which aimed at fighting dangerous criminal activities by imposing seizure and confiscation of the proceeds of this criminal activity outside criminal procedure. These property-related measures are taken against the right to property, provided by Article 41 of the Constitution, thus bringing about the limitation of this fundamental right of the individual. However, during the implementation of the Anti-mafia law, a number of fundamental rights provided for in the Constitution are likely to be infringed, such as: the right to property, the right to a fair legal process and the principle of legal certainty. How are these rights, provided for in the Constitution, guaranteed by the Anti-mafia law? What was the stance of the Constitutional Court to the Anti-mafia law? What about the stance of the European Court of Human Rights? These and other issues will be discussed in this article.
Keywords: Anti-mafia law, the principle of legal certainty, the right
to property, the right to a fair legal process.
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