The European Court of Human Rights (the Court) issued two landmark judgements on 10 and 17 December 2024 respectively, addressing persistent challenges in Albania’s property registration and restitution systems and underscoring the continued need for further reform.
In the case of Ramaj v. Albania, the Court found that while parts of the applicant’s land had been legally expropriated due to illegal construction, his property rights over the remaining plot had been violated. Despite a 2004 court decision restoring the land, the national authorities failed to register the applicant property title or enforce the decision, leaving him in legal limbo for over 26 years, and adding to the overlapping of that same property’s titles. The Strasbourg Court urged the Albanian authorities to establish transparent and efficient systems for land registration and national enforcement of court decisions, one of the key priorities of the assistance provided by the D-REX III Action. More details on the judgment can be found here.
In Gaba v. Albania, the Court ruled that overturning a 2006 decision to return mountain pasture to the applicant’s family violated the principle of legal certainty. The original decision had been final, but the Albanian authorities had later reopened the case without clear justification, citing plans to build a broadcasting station. The Court emphasised that final court decisions must not be undone without substantial reasons, emphasising the lack of safeguards in the Albanian legal framework. The full judgment is available on the Court’s HUDOC website.
These judgements come as Albania is advancing the co-operation with the EU and the Council of Europe joint action on “Improving the protection of the right to property and facilitating execution of ECtHR judgments in Albania” (D-REX III), which aims to improve the enforcement of the Strasbourg Court’s judgments and strengthen national legal and institutional framework on the right to property. It is currently assisting the authorities in further aligning the legislation in the field of property rights with the ECtHR standards and contributing to its uniform application by the domestic actors. Most importantly, the action is contributing to strengthening legal certainty for the citizens in Albania through legal education and public awareness-raising initiatives.
The recent Court’s judgements highlight the need to tackle systemic weaknesses in Albania’s property rights system and serve as a reminder of the transformative potential of these efforts and the need to act swiftly to deliver tangible results for the Albanian citizens. Addressing these challenges will not only uphold the rule of law but also build public trust in Albania’s legal and institutional systems.
