APPEAL TO THE SUPREME COURT: COMPARATIVE ANALYSIS IN THE JUDICIAL SYSTEMS OF ALBANIA, KOSOVO AND NORTH MACEDONIA

Abstract

As essential components of the rule of law, the rights to due process and legal certainty play a key role in guaranteeing justice. This study aims to analyze the function, importance and role of recourse to the Supreme Court as a legal tool. The research problem addressed is to what extent recourse fulfills its function in protecting the rights of individuals, unifying judicial practice and strengthening legal certainty. The objectives of the study include analyzing the legal framework governing recourse, examining judicial practice, and identifying implementation gaps. A doctrinal research approach was used through the analysis of laws, court decisions and scientific literature. The findings show that although recourse offers a higher level of judicial protection, it is often hampered by a selective approach, procedural delays and inconsistencies in the interpretation of the law. The study concludes that, to guarantee a functional, efficient and reliable judicial system, it is necessary to strengthen the role of the Supreme Court and to improve procedural legislation, thereby making recourse an essential instrument for the protection of fundamental human rights.