The impact of judicial delays on guaranteeing the right to property and the right to a trial within a reasonable time in Albania

The right to a trial within a reasonable time, often summarized by the maxim “justice delayed is justice denied,” has gained increasing significance in recent years, particularly in the context of property-related proceedings. This principle, enshrined in the Constitution of Albania and international legal instruments, ensures that parties receive timely court decisions, thereby safeguarding the effective restoration of their violated rights. Compliance with this principle is not solely the responsibility of the judiciary; parties to the proceedings are also expected to contribute by avoiding unnecessary delays, cooperating with investigations, implementing court orders, and adhering to procedural deadlines. Such cooperation facilitates efficient judicial processing and supports the administration of justice. In Albania, adjudication within a reasonable time remains a critical challenge. The increasing number of cases reviewed by the European Court of Human Rights underscores a systemic problem. While the legislature has established statutory deadlines for trials across all court levels, practical implementation often falls short. Structural difficulties within the judicial system, compounded by reforms such as the judicial map and the vetting process (procesi vetting), have resulted in staff shortages and increased workloads for judges, limiting their capacity to manage caseloads effectively. These systemic issues have caused significant delays, particularly in cases concerning property rights, thereby affecting both the fundamental right to property and the broader right to due process. The present study focuses on the intersection of these two rights—property rights and the right to a timely trial—and seeks to analyze how delays in judicial proceedings impact their effective protection in Albania.