Environmental Challenges from Constitutional Perspective, Albanian Case
Authors
Dr. Elsa TOSKA, Department of Planning and Environment, POLIS University, Albania,
Dr. Blerta MJEDA, Department of Management and Business, POLIS University, Albania,
Abstract
Environmental and Climate Constitutionalism emerges as an immediate necessity to be at the
center of societal focus, as it is, firstly, directly linked to the quality of life and life itself – the most
fundamental human value and secondly, as a global challenge that, if not tackled on local, national,
regional, and global levels, cannot be overcome by any society.
The Constitution of Albania (1998) provides, in two articles – specifically Article 56, the right to
information regarding environmental protection, and Article 59, letters “d” and “dh” – the right to
a healthy and ecologically suitable environment for present and future generations, as well as the
rational use of forests, waters, pastures, and other natural resources based on the principle of
sustainable development. These are defined as social objectives to be realized within the
possibilities of the state and are not subject to judicial protection (Article 59/2).
The confrontation with these constitutional provisions raises the need for an analysis of whether
the right to a healthy environment is sufficiently guaranteed in the Albanian Constitution and
whether the judiciary faces normative obstacles in enforcing environmental standards.
This paper aims to draw conclusions regarding the national standards required for the right to a
healthy, clean and sustainable environment, as well as the need for the Albanian judiciary to assess
and recognize violations of environmental rights (biodiversity, ecosystems, nature). Furthermore, it
concludes on the necessity for environmental constitutional amendments, given that the current
Constitution does not adequately address contemporary international developments from the
perspective of environmental protection.
Keywords
Reform, environment, court, rights, constitution, environmental assessments
