Artikujt Revista Botuesit Lëndët

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Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

Urjana Curi · University of Tirana, Albania
During the communist regime and until 1995 homosexual relations were senteced by law in Albania as a criminal offense. Membership in the Council of Europe and the ratification of the European Convention on Human Rights brought as a result the improvement of the legal framework and the abolition of t…
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Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems

Enkeleda Olldashi · Faculty of Law, University of Tirana, Albania
The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests that it provides a comprehensive, internally coherent set of rules for private law…
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The integrity of persons elected, appointed or exercising public functions

Agathi Nano · University of Tirana, Faculty of Law, Albania
By decision no. 32 of 2015, “On the establishment of a special parliamentary commission for the implementation of the issues in the resolution on the agreement between the majority and the opposition in the Albanian Parliament” was approved the establishment of a special parliamentary commission for…
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BOT Contract through the optics of Albanian legal provisions - Issues of the implementation and transfer framework

Entela Prifti · Court of Appeal Judge, Korça, Albania
The last years have resulted in an increase of concession contracts in Albania, followed by a revised modern legal framework. Beside the debate on whether the government should perform most of the activities itself instead of giving them to the private sector through a concession contract, the conce…
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Theoretical and practical implementation of the right for an equal enjoyment of health care service

Laureta Mano · University of Tirana, Albania
This study is divided in three parts which intend to meet the following targets: Primarily to provide theoretical approaches toward the concept of equality in the healthcare. In the theoretical treatment of the concept of equality in health care the authors are cautious while making the difference b…
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The anti-competitive agreements in the prospective of the law on competition protection - An inside in the Albanian practices and legal framework

Rezana Konomi, Zhaklina Peto · Commissioner, Deputy Chairwoman of the Competition Auth…
In Albania legislation on competition was developed only after the 90s and this is natural depending on the economic development and market model, which before the 90s had spaces of a free and competitive development. Competition is an economic phenomenon that refers to such a state of a free market…
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The culture of referendum in Albania: Technical and theoritecal reflections on the abrogative referendum

Valbona Pajo · Department of Law, New York University, Tirana, Albania
The aim of this paper is to analyse the Albanian constitutional and legal framework on referenda, in general, focusing special attention to the abrogative referenda of a law or part thereof. Given the absence of any concrete case of an abrogative referenda held in Albania, which does not creates ver…
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Albanian legal framework on Factoring contract

Anjeza Liçenji, Kestrin Katro · Faculty of Law, University of Tirana, Albania
Factoring contract is a new phenomenon, compared to earlier forms of commerce in juridical circulation. Factoring is a method used by a firm to obtain cash when available cash balance, held by the firm, is insufficient to meet current obligations, and accommodate its other cash needs, such as new or…
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The Bankruptcy according the Albanian law - Effects of practice and legal framework in setting up a structured system of Bankruptcy administration

Altina Xhoxhaj · University of Tirana, Albania
The aim of this article is to present the concept of bankruptcy as a legal judicial procedure to be followed in case that the legal or natural person becomes insolvent. The paper is focused on the meaning of bankruptcy, the subjects of bankruptcy proceedings, causes for the opening of this proceedin…
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Protection of the Human Right to Water Under International Law - The Need for a New Legal Framework

Jordan Daci · University of Tirana, Albania
The human right to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses. An adequate amount of safe water is necessary to prevent death from dehydration, to reduce the risk of water-related disease and to provide for consu…
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The Albanian legal framework on non-discrimination and gender equality in employment relationships

Ilir Rusi · University of Tirana, Albania
Discrimination and gender inequality in employment relationships are present in every society, at any time and whatever their victim is. With the development of society, despite the measures taken to prevent discrimination, this phenomenon continues to be present and appears in different forms. In a…
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Loss of parental responsibility – a new legal instrument between need of protection of the best interest of the child and respect of parent fundamental rights

Sonila Omari · University of Tirana, Albania
The new Albanian Family Code provides an additional measure reading the protection of the child, namely, the “loss of parental responsibility.” Differently from the measure of “removal of the parental responsibility” that is provided in the civil code provisions, this new measure has been introduced…