European Court of Human Right's Dynamic Interpretation in Albanian Case Law: Effects on Domestic Law and Human Rights

Abstract

The European Court of Human Rights (ECtHR) interprets the European Convention on Human Rights (ECHR) as a living instrument, enabling Convention standards to evolve in response to changing social, political and legal conditions in European countries. Through a dynamic interpretative approach, complemented by evolutionary elements, the Court has progressively expanded the scope and protection of Convention rights. This article addresses the normative impact of the interpretative practice of the ECHR on Albanian legal system. It explores the extent to which the Court’s jurisprudence has shaped substantive and procedural rights, focusing on the right to a fair trial, the right to property and the right to an effective remedy. Drawing on the case law of the ECtHR v. Albania, the study assesses how European human rights standards have been internalized through legislative reforms and constitutional adjudication, responding to the Court’s evolving standards. Particular attention is paid to the interaction between judicial interpretation and legal reforms. The article concludes that dynamic interpretation constitutes a transformative legal mechanism, promoting the harmonization of Albanian law and judicial practice with European human rights standards.

Received: 12 March 2026  │  Accepted: 10 June 2026  │  Published: 23 July 2026