Considering the growing importance of the researchers in the area of Europeanization in the candidate countries, the purpose of this paper is to analyse whether, and to what extent EU as a legal normative power has influenced Albania to approximate existing and future legislation and to ensure proper implementation. The paper argues that the Europeanization process is pushing Albania toward greater convergence with EU acquis by developing a modern legal framework. However, the paper points out that weak implementation has hampered the application of EU law in Albania due to: a) weak bureaucracy or uneven distribution of human capacities; b) the lack of an established practice of consultation with interest groups on specific draft legislation, and c) the inability to put in sound planning mechanisms and to carry out a realistic assessment. The paper concludes that effective adjustment of Albanian legal system with EU norms requires cooperation between different actors involved in the approximation and implementation process.

Punishment with imprisonment and the security measureof detention on remand, are among the most severe sanctions and convictions provided by the albanian criminal legislation. The unjust serving of such measures or punishments implies serious psychological and economic consequences for both the convicted person and his/her family members. Similar to the infringement of any right and freedom, the unjust infringement of the right to liberty, induces the obligation to return the person in the previous state and to provide compensation for related consequences. Besides the right to effective remedy, the international human rights acts provide, specifically, for the right to compensation of the person in cases of an unlawful arrest or detention, as well as in the case of serving an unjust punishment as a result of the miscarriage of justice. In both hereof mentioned cases, these acts acknowledge the right to compensation for unjust imprisonment, while leaving it to the member states to establish a special mechanism under the domestic legislation which would enable actual fulfillment of such right for the citizens of the said country. This paper is an attempt to present an overview of the Albanian legislation regarding the mechanism established toward the effective implementation of the right to compensation, in the case of decisions of the respective state institutions causing the unlawful or unjust imprisonment, from the point of view of respective international obligations.

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a "Euro-friendly" approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court"s decision and not to explain the importance of relying on EU law or CJEU case law.