Albanian Law Research Articles

Harmonizing Legal Frameworks: A Comparative Legal Overview of Employee Transfers in Albania and Selected EU Countries

Employee transfer is an important phenomenon that impacts both the public and private sectors worldwide. It is one of the most important managerial and productive instruments that a company can use. Although it is commonly practiced, the institution of internal employee transfers is not regulated in the Labor Code of Albania. Albanian legislation only recognizes the internal transfer of one category of employees, the civil servants. In this regard, there arises an urgent need for the immediate regulation of this institution for the other categories of employees as well. In the context of Albania's accession to the European Union, implementing such regulations would ensure effective protection for employees in accordance with European legislation. Without such regulation, transfers could become a mechanism that employers might misuse. This research paper employs various scientific methods, including historical, analytical, and comparative methods. Following a historical analysis of Albanian legislation, the paper examines employee transfers under current Albanian laws and those of selected EU countries. In conclusion, it is essential for the Albanian Labor Code to establish regulations for internal employee transfers that align with leading European legislations, which have often served as models for shaping Albanian law.

A Fair Trial Perspective on Albanian Law No. 19/2016 “On Additional Measures for Public Security”: Aligning with European Human Rights Standards

This study critically assesses Albania's Law No. 19/2016 "On Additional Measures for Public Security" against the European Convention on Human Rights (ECHR), focusing on privacy and the right to a fair trial. Through comparative legal analysis, it juxtaposes Law No. 19/2016 with ECHR provisions and the European Court of Human Rights (ECtHR) jurisprudence, examining the law’s alignment with human rights norms, especially regarding surveillance. The analysis uncovers substantial discrepancies, particularly in the law’s approach to public surveillance and the protection of individual rights, indicating a need for significant legal reform in Albania. The paper proposes amendments to better align national legislation with ECHR standards, advocating for clearer surveillance regulations, enhanced privacy protections, and adherence to fair legal processes. It champions a balanced public security strategy that respects human dignity and freedom, aligning with European human rights principles. Received: 15 January 2024 / Accepted: 22 May 2024 / Published: 02 July 2024

A Comparative Analysis of Donation Contract in Albanian and Italian Contract Law

Abstract The donation contract, as delineated in the Albanian Civil Code, symbolizes the altruistic and compassionate ethos upon which is founded. Its primary aim is to embody acts of generosity and selflessness, reflecting the donor’s relinquishment of ownership for the benefit of the recipient. The motivation behind entering this legal relationship is rooted in the donor’s desire to enhance the recipient’s assets, a sentiment essential for the contract’s efficacy. The transition in Albania’s political landscape has brought forth a new legislative ethos, prompting adaptations to legal provisions in alignment with contemporary requirements. As property relations evolve, influenced by political and historical shifts, so too does the donation contract. Addressing the challenges encountered in donation contracts, Albanian legal scholars have sought solutions that align with evolving social dynamics. While current legislation offers broader provisions for donation contracts compared to previous iterations, ambiguities persist. Thus, there’s a recognized need for enhancements and clarifications, achieved through comparative analysis of Albanian and Italian legislation on donations. This comparison aims to elucidate critical yet ambiguous aspects of donation contracts for readers and scholars. One such issue pertains to categorizing donations accurately, determining whether they stem from unilateral acts or real contracts. The Civil Code unequivocally designates donation as a contractual arrangement. Regarding the grounds for revoking donation contracts, Albanian law delineates only two cases wherein donors can revoke donations, in contrast to Italian law, which affords donors this right in numerous circumstances. Italian jurisprudence and the previous Albanian Civil Code, unlike the current one, recognize another ground for revocation: the birth of the donor’s children. This provision aims to safeguard donors who, had they known about impending births at the time of donation, might have reconsidered their decision.

The challenges of the European and Albanian legislation on the procedures for the surrender of persons wanted by criminal justice

Abstract When we talk about the challenges of the European and Albanian legislation on the surrender of persons wanted by criminal justice, the picture of the Albanian law and the operation of the law comes to mind. But today more and more measures are being taken to develop the legislative power and its functioning. These measures have also been taken in drafting and in administrative and judicial execution. Today, there is more and more talk about justice reforms; such are the challenges that Albania faces when it comes to cooperation with the EU in relation to the procedures for handing over persons wanted by law. It is such a challenge, because Albania’s legislation must be in line with that of the EU. When we talk about compliance or Acquis communautaire, we mean the interoperability that the legislative, judicial and executive powers must follow. Talking about the justice reform in Albania, we understand and analyse more closely the issue of corruption. The globalization of criminal activities has created a need to strengthen international cooperation. The investigation, prosecution and control of crime cannot be confined within national borders.

Ustawa równoważąca. Doświadczenia albańskie w dziedzinie relacji samorządu terytorialnego z rządem

The European Union’s promotion of the multilevel governance approach redefines the relationships between supranational, national and local governments. As countries like Albania undergo adaptations in the accession process, finding a balance between local and national government relations becomes crucial. The review aims to explore the complex interplay of governance levels in Albania, drawing insightful comparisons with successful cases in Europe, and offering valuable lessons for the policymaking process. To foster greater cooperation between national and subnational levels, it is imperative to define roles and responsibilities clearly, ensure proper financing while national government takes a more strategic role. In Albania, facilitating meaningful interaction can be achieved through the Consultative Council for local and central government, alongside associations of local authorities, though it necessitates legal changes and commitment from local governments. The Albanian Law on Local Self-Government, established in 2015, coincided with a new administrative-territorial reform in the same year, presenting various challenges, particularly for local governments. Through this article, we aim to present scientific research and concrete results concerning the Albanian experience of local government relations with the central government, while providing a comparative analysis with other European countries. Additionally, specific recommendations are proposed to strengthen government interrelations, given the high priority of the EU accession process in the country’s development agenda.

Anglicisms Used in the Law on Higher Education in Kosovo (2011): Contrastive Analysis with the Law on Higher Education in Kosovo (1974)

English is one of the most widely used and influential languages worldwide. In Albanian, its influence is present in the entire lexis and almost all domains and styles of use, and anglicisms, defined as words borrowed from English, are frequent in contemporary Albanian. Today, it seems as if any obstacles to the penetration of foreign words have been removed, and the Albanian Law on Higher Education in Kosovo (2011) is not an exception. The main purpose of this paper is to research the use of anglicisms in the field of higher education in Kosovo with a special emphasis on the contrast between this law and the Law on Higher Education in Kosovo (1974), the first such law in Kosova. This study, the first of the 1974 Law, demonstrates the impact that English has had on the Albanian legal language since 1974, as many Albanian words have been displaced by anglicisms in the period since. To this end, we present an overview of all the anglicisms in the 2011 Law, focusing on the overall number of anglicisms used, their classification by word class, examples of morphological and phonological adaption, and a contrastive analysis with the language used in the Law on HE (1974). Specifically, we look at the Albanian words in the Law of 1974 that were later substituted with anglicisms and these anglicisms’ frequency of use. 
 
 Received: 17 January 2024 / Accepted: 25 February 2024 / Published: 5 March 2024

Telework and workers rights in Albania

According to Albanian legislation, the definition of working at home and teleworking is almost identical. Both jobs are done from home and the only difference relies on the fact that telework requires the use of information technology. The Albanian law, as well as the definitions of international organizations and various researchers, state that the difference is in the use of instruments of information and communication technology. Basically, if the definitions of the above issues and the definitions of the Albanian legislation are summarized, it can be said that telework is the work performed outside the premises of the organization using information technology.

Balancing Legal Framework, Regulatory Mechanisms and Competition across Number Portability in Albania

Electronic communication markets are influenced by various factors that impact the development of competition. Sector-specific policies aim to improve consumer access to affordable products and services while offering flexibility in their choices. The mobile phone market, in particular, places a significant emphasis on number portability services, attracting attention from sector-specific policies and regulatory oversight throughout their implementation and monitoring. This article seeks to scrutinize the legal framework in Albania, identify practical obstacles to number portability, and assess its impact on fostering effective market competition. Number portability, a process that significantly impacts market competition, plays an instrumental role in enabling subscribers to switch networks seamlessly. This observation finds support in outcomes from various countries. Evidence shows that this tool positively influences market competition by shifting the balance of power towards consumers, exerting pressure on service providers to improve their offerings and adhere to contract conditions. Over the last two decades, number portability has evolved into a vital instrument for diversifying choices and reducing prices, ultimately benefiting consumers and creating fair conditions for new market entrants. Number portability is essential for preserving competition and freedom of choice in the mobile service market. However, in markets with duopoly scenarios, such as the current situation in Albania, where two operators dominate the market and may engage in cooperation or secret agreements, specific challenges and impacts on number portability and market competitiveness may emerge. This situation can result in weak competition and limited choices for consumers. In these cases, number portability serves as the sole recourse for consumers to leverage the limited competition by switching to the other operator. In Albania, although the principle of number portability has been enshrined in law since 2008, the legislation has not kept pace with innovations established in EU directives. Harmonizing Albanian law with EU standards, particularly Directive 2018/1972/EU, known as the European Electronic Communications Code, is a priority through the revision of the "Law on Electronic Communications in the Republic of Albania." Despite some positive legal developments, ensuring effective competition and consumer protection in the electronic communications market continues to be a challenge in Albania.
 
 Received: 6 September 2023 / Accepted: 24 October 2023 / Published: 5 November 2023

Privacy vs Security: A Critical Review of Albanian Law and Citizen Rights

The present study contends that the lack of an exhaustive legal framework regulating the installation, use, and storage of data obtained from surveillance cameras poses a threat to public order and society in Albania. While security cameras can aid in preventing crime and enhancing citizens’ safety, privacy concerns raised by surveillance must not be overlooked. Therefore, a balance between security and privacy should be set, and the legal regulations law must clearly define the purpose of the installation of cameras, delimiting security measures to accomplish their intended purpose. The actual main law for this area is titled “On Additional Measures for Public Security” and was passed by the Parliament on 2016. This law provides a good start for further progress if certain changes is specific areas of it can be changed. In the other hand, mere good intentions cannot serve as a justification for privacy violations and guidelines for the collection, storage, and use of data obtained from surveillance cameras must be established by this law or other regulatory means. This article highlights that the effectiveness of surveillance cameras in detecting crimes is limited, especially for those that are covert and sophisticated. As such, the law should provide clear instructions on the collection, storage, and utilization of data acquired through surveillance cameras to avoid unintended consequences and privacy violations. Ultimately, this research underscores the importance of balancing public safety with individual privacy rights in wiretapping and camera surveillance in Albania.
 
 Received: 5 July 2023 / Accepted: 23 August 2023 / Published: 5 September 2023

Biotechnology and Intellectual Property Law: Theoretical and Practical Reflections on Albanian National Law and Jurisprudence in Comparison with EU Acquis and ECJ Case Law

Biotechnology is a fast-emerging sector with enormous commercial and scientific development potential. It is impossible to overstate the prominence of intellectual property (IP) in securing and fostering innovation in the biotechnology sector. Albania, as a candidate country for EU membership, has made significant efforts to align its legislation with the EU acquis, including in the field of biotechnology and IP. The ambit of biotechnology and intellectual property laws in Albania includes patent law, trade secrets, and plant variety rights. In general, Albania's law is mostly aligned with the EU acquis, while there are a few areas that need additional development. For instance, further work is needed to define the perquisites for patentability and expand the scope of protection afforded to biotechnological innovations in Albania. There have not been many high-stakes court decisions in Albania concerning biotechnology and intellectual property, hence the country's case law is still evolving. In comparison to the EU, Albanian laws and case law in the fields of biotechnology and intellectual property are still in their infancy. Nonetheless, Albania has made substantial progress in aligning its legislation with the EU acquis, and its judges are becoming more conversant with EU case law. Albania's legislation and case law in this field is projected to continue converging with those of the EU as the country draws closer to EU membership, which will assist to encourage innovation and economic development in Albania.

Challenges of University-Industry cooperation in Albania

Purpose: Albanian universities have a rigid experience especially when it comes to their effort to become competitive and respond to market demands. Today, it is a necessity for Albanian universities to become dynamic academic units, to go on an entrepreneurial path and to affect innovation in the region. This paper aims to measure the perception of university management staff regarding the challenges and barriers that appear in university-industry cooperation. It shed light to the identification of factors that motivate the academic staff toward such cooperation
 Study design/methodology/approach: This paper implies a qualitative based methodology and relies on the methods used by the ERASMUS + CBHE ‘KALCEA’ project. Questionnaires used on KALCEA Project collect data from universities, businesses and research centres. The questionnaires pose a set of standard questions as well as a set of tailored questions for each of the three categories. The questionnaire was completed by the high management staff of universities in the period June-July 2022. From 39 universities and higher education colleges established in Albania, the questionnaire was sent to 22 institutions and were received answers from 16. Respondents are positions of rector/vice-rector/dean.
 Findings: One of the great challenges of the current high education system is to demonstrate capacity in adapting itself to the societal changes and its new emerging economic demands. Nowadays, in higher education institutions in Albania, the biggest challenges are internationalization, connection with industry, commercialization of knowledge and academic entrepreneurship.
 Originality/value: Findings of the paper have interest for universities, industry, and politicians in Albania. They go in line and add value to the new Albanian law on HEIs (2015) which provides more authonomy to Departments and poses challange for them to cooperate with industry and act entreprenerially

Enforcement of Choice of Court Agreements Granting International Jurisdiction to Albanian Courts

This paper aims to critically analyse the formal and substantive validity of choice of court agreements in favour of Albanian courts. The provisions of the Albanian Private International Law and their implementation by Albanian courts are in the focus. However, considering that the Albanian Private International Law provisions are approximated with the EU acquis communautaire and since the provisions on choice of courts agreements are drafted in terms that are fully compatible with the Council Regulation 44/2001 of December 22, 2000 "On Jurisdiction, Recognition and Implementation of Judicial Decisions in Civil Matters and Trade” (Brussels I Regulation), the interpretation of the Albanian law provisions is also done in the light of the case law of the Court of Justice of the European Union. After a thorough analysis of the Albanian Private International Law provisions concerning choice of court agreements and of the Albanian case law, the paper concludes that they are not always interpreted and applied correctly and that the rich case law of the Court of Justice of the European Union can provide valuable guidance.

End-of-Life Decisions for Muslims in Albania

This study investigates end-of-life decisions through Islamic and legal comparative approaches by focusing on the Albanian context. The methods applied in this paper are critical legal reasoning and legal comparison. The goal of this research is to review the impact of the Islam legal culture (Qur’an and hadith) on the Albanian law of end-of-life decisions. From a legal approach, this paper underlines the unconstitutionality of the Albanian Code of Medical Ethics. In addition, the review of the Islamic literature on medical jurisprudence demonstrates the attitude of Muslim community regarding end-of-life decisions in addition to scientifically examine the various rules governing end-of-life situations codified in the Islam legal sources by only considering the Qur’an and hadith. This investigation aims to understand the similarities and differences between these two different approaches by also underlying the importance of Islam approach on end-of-life situations on the Albanian legislation.

Similarities and Differences Between the Albanian and Italian Succession Law

Summary In 1994, Albania codified the current civil code, harmonizing the national legislation with the democratic values of the Western European Countries. This paper fills the gap in the national and international scientific literature since there is no scientific contribution that examines the Albanian law of succession showing the similarities and differences between the Albanian and the Italian civil codes. This is fundamental because according to Article 33 Albanian Private International Law (Albanian Law no. 10 428 of June 2011), which governs cross-border succession law, in the case of immovable goods, the rule of lex rei sitae has been codified. Thus, in the case of immovable goods, the Albanian succession law will be applied to them. In the conclusion, this research demonstrates that the Albanian Law of Succession of 1994 is different in many ways from the rules established in the Italian Civil Code of 1942.

Comparative Analyze on the Legal Solution Relevant to Status of Teachers in Albania

Legislative reforms in the pre-university education system in Albania have paid special attention to addressing issues related to teacher status. In law no.69 / 2012, "On the pre-university education system in the Republic of Albania", these issues are treated in accordance with the requirements of International Labor Conventions, the Labor Code of the Republic of Albania and law No. 10171, dated 22.10. 2009 "On regulated professions in the Republic of Albania" amended. The law defines the teacher as the central figure of the school. In accordance with the recommendations of the ILO and UNESCO for the status of teachers, the Albanian law guarantees contemporary standards at every stage of the process for gaining and practicing the profession, for continuous professional preparation, scientific qualification, and career. The treatment of labor relations, relations with the social partners, with the associations and the community of parents and students, the definition of their rights and duties, salaries and rewards are components of the status of a teacher.
 The status of teachers reflects the social and economic conditions of the country, work culture and community traditions. The law treats teacher status as a key factor in developing the profile of a teacher capable of preparing the future citizens of an open and global society. The professional and academic freedom of the teacher is considered as an essential element of his status. Creating conditions for the exercise of civil rights related to the teaching profession, the right to participate in social and public life and to organize in trade unions are legislative achievements in line with EU standards and the requirements of international documents.

Judgment (Trial) in Absentia According to the Code of Criminal Procedure of the Republic of Albania

The judgment in absentia of the defendant is included in the institutes provided in the Code of Criminal Procedure, where in many cases many problems have been encountered in our case law. The judgment in absentia must, on the one hand, guarantee the respect of the fundamental rights of the defendant and, on the other hand, guarantee the public interest in the administration of justice, through the regular exercise of judicial functions. In the Albanian legislation these conflicts of interest have been resolved by the legislator by accepting and becoming part of the Code of Criminal Procedure of 1995 as well as with the amendaments made in 2017, namely, the conduct of the trial in the absence of the defendant. However, this Code also guarantees the defendant the opportunity to review the matter, in cases where he becomes aware of the decision rendered in absentia. The guarantee placed by the legislator in the code of criminal procedure has come precisely because of the practice of the ECHR but also a series of decisions of the Constitutional Court of Albania, which stated that in cases of judgments rendered in absentia, defendants have the right to have their case reviewed. This paper will analyze exactly the provisions of the Albanian criminal procedural law on the conduct of the judgment in absentia, the cases of suspension of the trial for the defendants who do not know effectively about the trial. Received: 2 May 2021 / Accepted: 15 June 2021 / Published: 8 July 2021

The use of debt as a tax avoidance form in Albania

Under the Albanian law, the entrepreneurship may be organized in any of the following forms: the sole entrepreneur, general partnerships, Limited Liability Companies (Shpk), Joint Stock Companies (SH.A). Limited Liability Companies, otherwise known in Albanian law as “sh.p.k”, are companies founded by natural or legal persons whose liability for obligations undertaken by company are limited to their contribution and the share is divided in proportion of the contribution. The basic capital of a “sh.p.k” (or LLC) is fixed to ALL 100 and cannot offer its shares in public. Our research interest will be focused on Limited Liability Companies and their financing activities. These activities include financing in forms of debts or loans and owner’s contribution. Otherwise, the owner may grant funds to the business, the loan is formal with a contract including interest; interest on the loan is taxable to the owner personally when it is repaid. The repayment of the principal is not taxable, since one has already paid the taxes on it and this is the first reason why we often find “Owners Liabilities/loans” in the liability section of the balance sheet. As this item, found in the balance sheet can be included, funds are withdrawn by the owner for “an illegal” purpose, such as bribery. Many companies face bribery and other non-declared transactions. There appears to be no unified definitions of bribery that specifically states what is considered bribery. However, it is globally recognized as giving a reward or ‘knockback’ to a person, in an attempt to sway opinions or behaviors for personal advantages. In this paper, we look through a descriptive and comparative analysis at how companies use debt to avoid tax, actions and policies government is expected to take and what is the current approach to combating this form of tax avoidance, and what more needs to be done. The focus of this paper is to consider debt as a deductible cost, but many of the same issues arise for other deductible costs, such as management fees, insurance contracts or intellectual property fees. The aim will be to have a look at how companies account for bribes paid to third parties in their financial statements and what should be done to detect and prevent this phenomenon?

The Albanian Administrative Court System and its importance in resolving administrative disputes

The purpose of this paper is to analyze importance of the Albanian Law 49/2012 on the Administrative Court System, increasing the efficiency of resolving disputes of an administrative nature. The activity carried out by the Administrative Courts constitutes an extremely valuable activity in the judicial system by providing justice in various administrative disputes that require a quick and efficient solution. The methodology that will mainly be used in this paper is the qualitative one, bringing to attention some court decisions and theoretical debates on the innovation of the Administrative Court System in Albania. The hypothesis and research question will show us the novelties brought about by the creation of this Courts as well as the actuality of its activity nowadays. The paper will also focus on the obstacles, difficulties, shortcomings as well as criticism during the beginning of the activity of the Administrative Courts, by taking into consideration their performance, efficiency, pros and cons since its creation.

RETRACTED ARTICLE: Optimization of a building energy performance by a multi-objective optimization, using sustainable energy combinations

Nowadays the application of the sustainable resources (SERs) of the energy and significant role of the building sector due to environmental effects is notable. Therefore, finding the optimum combination of SERs is an important target to be noticed by the designers to achieve sustainable buildings. Regarding the energy consumption for local warm-water, electrical appliances, and to cool and heat the building space, a new method is suggested in this study to design the optimized combination of the sustainable energy systems to unify the building energy demand. Minimization of the two objectives including the initial energy request and the investment expense is considered as the multi-criteria optimization. Also, to find the expense-optimum solution, the universal expense has been studied. Furthermore, a limitation of achieving the SER combination’s minimum amount in line with the Albanian laws is regarded. The Grass Fibrous Root Optimization algorithm is applied as the optimization process using MATLAB® and DesignBuilder simulation software. Because the solutions should adhere to the lowest SER combination’s levels recommended through present regulations, a limitation is studied, too. A regular residential case of Tirana, in Albania, is chosen to be investigated by using the proposed methodology and regarding the present laws related to the efficiency of the energy. SER systems include heat pumps (HPs), PV panels, thermal solar energy systems. It has resulted that, the initial energy demand saves up to 29.5 kWh/m2 a and the universal expense up to 78,850 € as provided by the methodology comparing a building composition not considering the SERs. Aiming at sustainable development, the proposed methodology can be useful regarding two aspects including economic profits for the holders and the environmental advantages.

The Impact of Transparency in the Fight Against Corruption

Abstract Transparency and corruption are topics with high interest not only for researchers but especially for politicians, citizens and decision takers. Transparency is seen as an important instrument in the fight against corruption. Transparency and corruption phenomena are considered to be the most difficult to assess due to the subjectivity that characterizes them. For this reason, in this study we will show some results based on citizens perception. The method used to collect information regarding citizens perception is questionnaire and than the data are analyzed through a logistic model. Interesting results came out this research such as people who have been in contact with public institutions during the last months have 5,477 times more opportunities to give bribes compared to those who have not been in contact. Transparency is considered a good tool to fight corruption because based on the model result people who know the meaning of the right to information have 86.3% less chance to give bribes than people who do not know the meaning of the right of information. Whereas people who know the Albanian law on the right to information have 48% less chance of bribing than people who do not know this law. Based on these results it is necessary to raise citizen awareness on the use of the right to information as instrument to fight corruption.