Law for Asylum in Albania and Some EU Regulations on Asylum Issues

Author:Katrin Treska, Engjëll Likmeta
Pages:258-268
SUMMARY

This paper aims at treating from a general point of view the Albanian legislation on asylum, and to see the level of approximation with EU legislation in this field, as the asylum has become a controversial topic because of increasing demands for asylum from citizens of nonmembers states of the European Union. Because of a relatively new law in Albania, discussions on this topic are scarce. The... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2015
258
Law for Asylum in Albania and Some EU Regulations on Asylum Issues
Katrin Treska1, Engjëll Likmeta2
Abstract: This paper aims at treating from a general p oint of view the Albanian legislation on asylum, and to
see the level of approximation with EU legislation in this field, as the asylum has become a controversial
topic because of increasing demands for asylum from citizens of nonmembers states of the European Union.
Because of a relatively new law in Albania, discussions on this topic are scarce. The method used for this
paper is analyzing the current legal provisions on the issue of asylum in the Republic of Albania, the main
regulations of asylum issue in the European Union, in order to see the level of approximation and compliance
of legal rules in Albania with international standards on asylum. As a relatively ne w law, the law on asylum
has a partial approximation with EU directives and is in line with the standards enshrined in the Geneva
Convention, to which the Republic of Albania has acceded. Of course, this paper does not treat this issue in
an exhaustive way, but provides only a general overview of the level of approximation of Albanian legislation
with European Union regulations on asylum.
Keywords: Asylum; EU Directives; Legal provisions; Geneva Convention
1. Origin of Asylum
The origin of asylum comes from the ancient antiquity. Long before the Western democracies defined
who is a refugee and established international organizations to assist people fleeing persecution,
various religions as well as ancient rulers offered asylum in accordance with their set of norms and
beliefs3. (Ezra, 2014, p. 57)
Perhaps the earliest mention of the term ―refugee‖ occurs in the Old Testament, in the first book of
Moses, referring to a person who escaped from a war and sought shelter from Abraham. (Ezra, 2014,
p. 57)
With time, the concept was further developed to include those who killed another by mistake. Thus,
for example, in the fourth book of Moses, God commanded Joshua to build three cities of refuge to
allow people guilty of unintentional manslaughter to flee from the blood avenger.. (Ezra, 2014, p. 57)
Another way to acquire asylum was to reside in the temple at Jerusalem, as it was forbidden to remove
by force any person under the protection of the deity. Unlike the word ―refugee‖, which meant that the
1 PhD Candidate, Law Drafting and Analysis Departement, General Directorate of Codification, Ministry of Justice, Albania,
Address: Blv. ―Zog I‖, 256 Tirana, Albania, Tel.: +355 4 2230247, Correponding author: trkatrin@hotmail.com.
2 PhD, Lecturer, Criminal Law Department, Faculty of Justice, University of Tirana, Albania, Address: Square "Mother
Teresa", PO Box No. 183, Tirana, Albania, E-mail: likmetaengjell@hotmail.com.
3 http://edoc.ub.uni-muenchen.de/2680/1/Ezra_Esther.pdf, Accessed date 14.02.2014.

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