The legal system of Albania
A civil-law system based on the 1998 Constitution and Continental codes, reshaped by a far-reaching justice reform that created vetting bodies for judges. An EU candidate in active accession negotiations.
Legal tradition
Albania belongs to the civil law tradition. A civil-law system based on the 1998 Constitution and Continental codes, reshaped by a far-reaching justice reform that created vetting bodies for judges. An EU candidate in active accession negotiations.
How power is divided
A parliamentary republic with a President elected by the Assembly, a Government answerable to Parliament and an independent judiciary overseen by reformed governance and vetting bodies.
Where law comes from
- Constitution
- The 1998 constitution as amended.
- Ratified treaties
- Part of domestic law and above statute.
- Laws of the Assembly
- Primary legislation aligned with the EU acquis.
- Codes
- The Civil Code, Criminal Code and procedural codes.
The legal profession
Avokatë belong to the National Chamber of Advocacy; notaries handle deeds, company acts and succession.
Law by topic in Albania
- Criminal LawThe Criminal Code with SPAK and dedicated anti-corruption courtsThe Criminal Code and Code of Criminal Procedure govern offences and process. The justice reform created SPAK, a special prosecution structure, and specialised courts for corruption and organised crime.
- Human RightsConstitutional rights, direct ECHR effect and a People's AdvocateThe Constitution guarantees fundamental rights and gives ratified international agreements, including the ECHR, precedence over conflicting domestic law. The People's Advocate is the national human-rights institution.
- Immigration & NationalityThe Foreigners Act with unilateral openness to many nationalitiesAlbania applies its own Foreigners Act to all non-nationals, issuing residence permits for work, study, family and business. It grants unusually long visa-free stays to citizens of many countries, including a full year for some.
- Tax LawProgressive personal income tax with tiered corporate ratesAlbania taxes personal income progressively and applies a reduced corporate rate to smaller businesses. A 2023 income tax act consolidated the rules, including the treatment of self-employed professionals.
- Business & CorporateThe Entrepreneurs and Companies Act with fast NBC registrationCompany law follows the Act on Entrepreneurs and Commercial Companies, aligned with EU directives. The shpk (limited liability company) requires minimal capital and registers through the National Business Center one-stop shop.
- Property & LandRegistration-based ownership with unresolved restitution and legalisationOwnership is registered with the State Cadastre Agency, and transfers require a notarial deed. Communist-era expropriation left a large body of restitution and compensation claims that continue to affect title.
- Employment & LabourThe Labour Code with justified dismissal and a statutory minimum wageThe Labour Code governs individual and collective employment relations, requiring a justified reason and a procedure for dismissal. The minimum wage is set by government decision and has risen substantially.
- Family LawThe Family Code with joint parental responsibility and mediationThe 2003 Family Code governs marriage, parental responsibility and maintenance, with divorce by mutual consent or on the breakdown of the marriage. Mediation is required in certain family disputes.
- Civil ProcedureThe Code of Civil Procedure with private bailiffs and mandatory mediationCivil litigation follows the Code of Civil Procedure in district and appeal courts, with cassation to the High Court. Enforcement is largely by private bailiffs, and mediation is mandatory in certain categories.
- Constitutional LawThe 1998 Constitution and the 2016 justice reform with judicial vettingAlbania is a parliamentary republic under the 1998 Constitution. The 2016 justice reform amended it substantially, creating new governance bodies and a transitional vetting process that re-evaluated every judge and prosecutor.
Found something out of date on Albania?
Corrections are reviewed against the primary source before anything changes.