Artikujt Revista Botuesit Lëndët

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E drejta e pronës së institucioneve fetare në jurisprudencën kushtetuese shqiptare

Ismail Varoshi, Dr. Saimir Shatku
Pronësia përbën një nga të drejtat më të vjetra, të lindura bashkë më njerëzimin, e cila konsiston në të drejtën e individit për të gëzuar dhe disponuar lirisht sendet, brenda kufijve të përcaktuar nga ligji civil dhe juridiksioni hyjnor. E drejta e pronësisë së komuniteteve fetare paraqet një ndër …
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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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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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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…
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Kosovo - An Atypical Parliamentary Republic

Murat Jashari, Behar Selimi · Faculty of Law, Prishtina University, Kosovo
The topic of this comparative study is the republican character of the system of governance in Kosovo. In the public discourse and political communication, as well as in academic discourse Kosovo is considered a Parliamentary Republic, based on the principle “of the separation of powers and checks a…
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Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo

Florent Muçaj, Luz Balaj · Faculty of Law, University of Prishtina, Kosovo
This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This p…
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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…
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An analysis of the sources of competition disipline in the European Union and in Albania

Eriona Katro, Vaeld Zhezha · European Study Institute, Tirana University, Albania
Competition discipline in the European Union is a substantial component of the EU’s institutional framework. The Lisbon Treaty made the “internal market” a shared competence, while necessary competition rules for the internal market are an exclusive competence of the Union. This paper aims to analys…
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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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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…
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The juridical nature of the European Court of Justice and the principles of its activity

Vilma Hasneziri · “Albanian University” Tirana, Albania
The European Union is a reality closer and closer for Albania as well. The status Albania obtained as a candidate country, not only means a step forward towards the European Union, but it also sets forth a number of challenges to be solved such as, freedom, property, democracy, human rights, the fig…
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From tolerance to the secular State in Italy

Renata Tokrri · Faculty of Law, University of Rome Tor Vergata, Italy. …
The discourse on tolerance began over two centuries ago and yet is still unfinished. Was Voltaire in 1763 with his “Treatise on Tolerance”, condemned religious intolerance persuaded by religious fanaticism of the judgment of the Court of Toulouse. Although the idea of tolerance was born in Europe, i…