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…

European Court of Human Rights states that the execution of final decisions is a compulsory provision for a fair hearing and a successful conlusion of a trial. The right to a court protected by Article 6 would be illusory if a Contracting State’s domestic legal system allowed a final, binding judici…

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…

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 …

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…

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…

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…

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…

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…

The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicia…

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…

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…