Artikujt Revista Botuesit Lëndët

17 rezultate

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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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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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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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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 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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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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Causing non-contractual damages according to Albanian law

Amantia Levanaj, Besmira Arshiaj · Faculty of Law, University of Tirana, Albania
This study is mainly focused on handling the causing non-contractual damage, achieving a theoretical analysis of its constituent components as fault, causal connection, unlawful act or omission and damage compensation. Non-contractual liability is provided by our civil code, defining it as at fault …
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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…
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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…
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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…