Conflict with existing fundamental legal principle of general application - consultations with the Court

Albania

Albania - Criminal Code 1995 (2013) EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER II- INTERNATIONAL REGATORY LETTERS

SECTION I- REGATORY LETTERS FROM ABROAD

Article 505- Ministry of Justice Powers

2. The Minister does not grant support to the letter of application when it is certain that the requested actions are prohibited expressly by law or contradict the fundamental principles of the Albanian rule of law. The Minister does not grant support to the letter of application when there are motivated reasons to think that the considerations regarding race, religion, sex, nationality, language, political beliefs or the social state may cause a negative influence to the performance of the process, and when it is certain that the defendant has expressed freely his consent for the letter of application.

Albania - Criminal Procedure Code 2011 EN

PART II

TITLE X- JURISDICTIONAL RELATIONS WITH FOREIGN AUTHORITIES

CHAPTER III- EXECUTION OF CRIMINAL DECISION

SECTION I- EXECUTION OF FOREIGN CRIMINAL DECISION

Article 514- Terms of recognition

1. The foreign court sentence may not be recognized when:

b) the sentence contains dispositions which run against the principles of the rule of law of the Albanian state

Rome Statute

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.