Legal Regulation of Administrative Misdemeanours: European Principles and the Case of Albania

Prof. Asoc. Dr. Eralda (Methasani) Çani
Page No: 
105-112

Administrative misdemeanours refers to one of the legal institutes of a high importance in the legislative policy adopted in a country. It regulates from an administrative perception actions or omissions that cause a harm (or potential harm) to the society and therefore are punished through specific penalties, being thus close to criminal law. In the European region, specifically the Council of Europe, but the European Union as well, specific regulations have been foreseen as important principles to be respected by countries members of such structures. An analysis of such principles and their application in the Albanian legislation is of importance for the country, as many conflicts might arise, and arise with regard to a non clear legislation adopted to regulate administrative misdemeanours and its application in daily life. Many daily actions and activities of human beings and legal persons are subject to administrative misdemeanours regulations; therefore, consequences of the application of such laws are massive. Economic dimension is of specific importance in this analysis as well. A reflection of European principles in the Albanian legislation is addressed in the article, as well as a clarification of main principles to be adopted with regard to administrative actions is provided.

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