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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 …
OA AIS Journal EN

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…
OA AIS Journal EN

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…
OA AIS Journal EN

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…
OA AIS Journal EN

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…
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

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…
OA AIS Journal EN

The integrity of elections in Albania as a duality between the law and their administration. Electoral management body in the circle of cause – effect for elections performance

Monika Kryemadhi, Lefteri Luzi · Member of the Parlament of the Republic of Albania
It is important to note that at the end of the election process there is a question laying before to all stakeholders: Did these elections meet the international standards of electoral integrity? Countries around the world have a challenge in common. They are challenged to meet international standar…
OA AIS Journal EN

Institute of constitutional revision in the Constitution of the Republic of Albania, comparative view

Makbule Çeço · Dean of Justice Faculty, “Justicia” University, Tirana,…
In its very dynamic essence, a democratic society bears the need for continuous reformation and perfection, and that is why the application of reforms represents an inseparable feature for this type of society. The consolidation of the rule of law, the institutional independence, and the cause of ju…
OA AIS Journal EN

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…
OA AIS Journal EN

Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

Klodjan Skenderaj, Sokol Mëngjesi · Faculty of Law, University of Tirana, Albania
A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings.…
OA AIS Journal EN

A Constitutional Coup! The Take-Down of the First President of the Republic of Kosovo

Korab Sejdiu · Law Firm “Sejdiu & Qerkini”, Prishtina, Kosovo
A coup d’etat is defined as “a sudden and decisive action in politics, especially one resulting in a change of government illegally or by force.” As one looks through all the coup d’etats that have occurred throughout the history in various parts of the world, one can observe that often the protagon…