The recognition and enforcement of Albanian court decisions in Turkey is governed by both national law and a bilateral international agreement between Turkey and Albania. According to Article 51 of the Private International Law and International Civil Procedure Code (MÖHUK), the civil court of first instance is generally the competent court for such matters. However, Article 4 of Law No. 4787 states that when the decision involves family law, the family court is the competent authority.

Turkey-Albania Judicial Assistance Agreement

On March 15, 1995, the Republic of Turkey and the Republic of Albania signed the Agreement on Legal, Commercial, and Criminal Judicial Assistance, which entered into force 30 days later. This bilateral agreement regulates:

• Judicial cooperation

• Exemption from providing security (judicatum solvi)

• Recognition and enforcement of court and arbitral decisions

Are Albanian Plaintiffs Required to Provide Security in Turkey?

No. According to Article 15 of the agreement:

“Nationals of either Contracting Party shall not be required to provide security solely because they are foreign nationals or do not have their residence or domicile in the territory of that Party.”

This provision ensures that Albanian nationals are exempt from paying court security deposits or additional fees solely based on their nationality or residency status.

Additionally:

• Article 90 of the Turkish Constitution allows international treaties to have direct applicability in domestic law.

• Article 48/2 of MÖHUK supports security exemption based on the principle of reciprocity.

Recognition and Enforcement of Albanian Judgments in Turkey

Article 19 of the agreement governs the recognition and enforcement of Albanian court and arbitral decisions:

1. Each Contracting Party shall recognize and permit the enforcement of the following decisions rendered in the territory of the other Contracting Party:

• Judicial decisions in legal and commercial matters related to property

• Judicial decisions in criminal matters related to compensation for damages

• Final arbitral tribunal decisions in legal and commercial matters

2. Court and arbitral decisions issued after the agreement entered into force are enforceable. Property-related decisions are enforceable only if the underlying legal relationship arose after the treaty came into effect.

3. Decisions concerning personal matters, even if issued before the agreement entered into force, are also eligible for recognition.

Thus, Turkish courts may recognize and enforce Albanian judgments, decrees, and arbitral awards, subject to the provisions of the agreement and additional legal conditions under Turkish law.

Additional Legal Requirements in Turkey

In addition to reciprocity, other conditions under Turkish law (as per MÖHUK) must also be fulfilled for enforcement:

• The foreign decision must be final and binding.

• It must come from a competent court.

• The right to a fair trial and defense must have been upheld.

• The decision must not contradict Turkish public order.

Conclusion

Thanks to the 1995 judicial assistance agreement between Turkey and Albania, Albanian nationals can initiate lawsuits, recognition, and enforcement procedures in Turkey without the need to provide security. Turkish courts can recognize and enforce Albanian court decisions and arbitral awards under the principles of reciprocity and international cooperation.