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OA AIS Journal EN

Length of proceedings as standard of due process of law in the practise of the Constitutional Court of Albania

Elsa Toska · Adviser of the President, Constitutional Court of Alban…
ECHR, as an international treaty is part of the Albanian legal system. Among international law instruments, the ECHR enjoys a privileged status in the Albanian legal system by virtue of Article 17 paragraph 2 of the Constitution according to which restrictions to human rights and freedoms cannot inf…
OA AIS Journal EN

Sovereignity, statehood and self-determination in international law - The Kosovo case

Spiro Paço · University of Durrës “Aleksandër Moisiu”, Albania
The self-proclamation of Kosovo’s independence announced on February 17 invites us to some general considerations that may be linked to the specific event. The IL principle of Self-determination will be on the focus of this article to considering it as one of the way to archive the creation of new I…
OA AIS Journal EN

The Specialist Court for Kosovo: continuity or departure from the hybrid courts model?

Shkёlzen Selimi · Justices of the Supreme Court of the Republic of Albani…
The issue of whether to establish Specialist Chambers within the Kosovo justice system for alleged war crimes committed in Kosovo has been, arguably, one of the most heated debates not only from a political and social point of view, but also from a legal one. While the required amendments in the Con…
OA AIS Journal EN

The council of the employees in the Albanian Commercial Law

Diana Biba · European University of Tirana. Legal Corporate Services…
Law No. 9901/2008 on “Entrepreneurs and Commercial Companies”, marked a milestone in the reform of the commercial law in Albanian. Among other novelties, the Law introduced a new approach in regard to the employees and their participation in co determination. Actually, the involvement of the employe…
OA AIS Journal EN

Albanian trade policy and the process of alignment with EU Common Commercial Policy

Pranvera Kastrati, Esmeralda Shehaj · Ministry of Economic Development, Trade and Entrepreneu…
Albania is a member of WTO from September 2000 and is currently in a deep and substantial transformation of the trade policy. Albanian trade regime is very liberal, open and transparent fully compliant with WTO law. Accession to EU is the strategic goal of all Governments after ’90s and alignment wi…
OA AIS Journal EN

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…
OA AIS Journal EN

The alternatives of imprisonment according to the Albanian Law and the ways of surveillances

Admir Belishta · Faculty of Law, University of Tirana, President of the …
This paper considers different alternatives to Sentence to a Term of Imprisonment listed in a chapter with the same title, in the Articles 58-64 of the Albanian Criminal Code. This approach to such subject reflects not only the reality of how the judicial system in Albania operates, but, because of …
OA AIS Journal EN

Individual Assessment of Judges in Albania - A General Overview and Comparative Analysis of Career Advancement and Reward Systems Based on Performance Evaluation

Alaudin Malaj · President of the Court of Appeals in Tirana, Albania
Assessment of judges in itself is one of the criteria in relation to the establishment of specific rules for the career of judges, creation of a healthy judicial system and a proper one. Professional Assessment process of judges based on objective, clear and transparent criteria, has a great importa…
OA AIS Journal EN

Review of Administrative Justice in the Republic of Kosovo

Islam Pepaj · Faculty of Law, University of Prishtina, Kosovo
The present paper aims to provide a real view of adjudication of administrative cases in Kosovo. The issue of adjudication of administrative cases in the Republic of Kosovo remains a challenge following justice reforms which began in 2013 and are still on-going. Kosovo as a new country faces difficu…
OA AIS Journal EN

Practice of European Court of Human Rights (ECHR) in the enforcement of courts’ final decisions

Alkelina Gazidede · Faculty of Law, University of Tirana, Albania
The paper aims at highlighting the importance of enforcement of judicial decisions as a key factor in building Rule of Law. As courts do not have the opportunity to lead themselves the process of decisions’s execution and the respective institutions have performed poor results, many cases are presen…
OA AIS Journal EN

The Extent of Judicial Administrative Control the Power of the Administrative Court

Erajd Dobjani · Attorney at Law, Department of Public Law, University o…
The application of the principle of legality must meet various requirements dealing specifically with its extent or its reach in the administrative activity. The question that we will seek to answer in this paper is the following: with the entry into force of the Law on Administrative Courts and the…
OA AIS Journal EN

Clinical Education, the lessons learned from practical applications - Albanian issues, East Europe and the advanced international practices on Clinical Education

Alban Koci · Faculty of Law, University of Tirana, Albania
While studying the law, for the students is very important to be in touch with legal issues and the real needs of the society. A legal clinic, also called a law school clinic or law clinic, is a program organized through a law school that allows students to receive law school credit as they work par…