Artikujt Revista Botuesit Lëndët

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The Principles of the Equity and the Rightful Person’s Personality in the Democratic Context

Marţian Iovan · “Vasile Goldiş” Western University of Arad, Romania
The author analyzes and compares various meanings of the concept of equity such as they were conceived by prominent personalities of the history of the juridical, ethical and philosophical ideas in order to deduct their common contents. Having ethical and juridical connotations, the vision on equity…
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The Registration of the Ownership of the Illegal Objects in Albania

Enkeleida Shyle · University of Tirana, Albania
The right of ownership in Albania is one of the fundamental human rights sanctioned on the Constitution. The right of ownership changes with the changes of economic social relations. Together with the tremendous political and economical changes in Albania, there was a great development in illegally …
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Asian-style export-led growth and the role of law

Renis Zaganjori · Institute of European Studies, University of Tirana, Al…
This paper analyses the growth of Asian economies through its export-led industrialisation policies. Such growth has been uniquely achieved without greater reliance to law, which the neoliberal approach considers integral to development. Among others, this approach relies on private laws for the pro…
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Between Individual Rights and Group Rights

Raphael Cohen · DPhil Oxford University, Founding Director of The Middl…
The politicization of ethnocultural diversity and the demands posed by minority cultures for greater public recognition of their distinctive identities, and greater freedom and opportunity to retain and develop their distinctive cultural practices challenge liberal democracies. In response to these …
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Civil rights between legal provisions and political reality in Albania

Doris Koliqi · Institute of European Studies, University of Tirana, Al…
One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an importa…
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The Role of National Ombudsman’s Offices in Promoting the Concept of good Administration in Albania, Macedonia and Kosovo. The way ahead

Arlinda Memetaj · Kolegji AAB, Prishtinë, Kosovë
The private persons in any democratic state should have a right to dispute the administrative decisions affecting their rights, freedoms or interests before (among others) competent independent courts. It is the key precondition for the principle of transparent and responsible public administration …
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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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Open Assessment of Proofs in Litigation

Kaltrina Zekolli · Ss. Cyril and Methodius University, Skopje, North Maced…
The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve that, are the institutions of justice, rather the courts. Courts are competent to …
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The External Dimension of EU Migration Policy

Dorina Gjipali · Luarasi University, Tirana, Albania
The policies relating to the management of migration - control of external borders, asylum and immigration have been, as is well known, sovereign prerogatives for excellence. The long-standing refuse of the EU Member States to provide them to a supranational government is a clear evidence of that. D…
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Confrontation Between Judicial Activism and State of Exception

Alexandre Moura · University Veiga de Almeida, Rio de Janeiro, Brasil
The judiciary has excelled in the international and national scene, reaching role of great importance, thus creating opposition to the legislative and executive powers. The center of gravity of the sovereign power of the state moves toward the judiciary, that happens to have a more active role and c…