Law In Albania Research Articles

Mass Media and Their Relationship with Criminal Law in Albania

Information is the currency of democracy. (Thomas Jefferson), Freedom of expression is part of the so-called "negative liberty" that imply their guarantee by the Constitution as inviolable and for their realization require non-interference by the state or by private entities. Media uses this freedom, to achieve its objectives where not rarely goes beyond violating the other rights and freedoms prescribed in the Constitution. The power that people gave to media has made it a powerful pressure weapon, but often also a victim of its "sacred" mission, that of informing public about everything that happens. The aim of this paper is to present media reports with criminal law, which are dualistic reports: approaching and contradictory. It will also be presented an overview of the situation in Albania, where the media and its influence play a significant role in people's opinion and in the progress of criminal proceedings. In the first part of the paper I have mentioned the central role of the media in democracy and the benefits that community and society receives from media's freedom. Furthermore, in the second part l have been focusing on the other side of the coin addressing key points in which the media is presented as violating the human rights and interfering in criminal proceedings. In the third and last part I have submitted the role of investigative journalism as an important link in the media but in Albania is still unconsolidated.

“What Works” Literature, How Is That Reflected in Juvenile Justice Policies in Albania?

The principles of “What works” literature are based on theory, practice and research and they bring evidence on successful interventions in different contexts and specifically in juvenile justice policies. “What works” literature in the field of juvenile justice in Albania is not taken in consideration in none of the stages of criminal justice, including investigation, security measures, trial and criminal sentence, the execution of criminal sentence. Ministry of Justice has not developed yet a Strategy for Juvenile Justice to address the minor’s problematic facing the criminal justice system. The plan of Action for Children 2012- 2015 has some objectives not achieved yet regarding the minors in conflict with law. The amendments of Code of Criminal Procedures regarding the minors, in force in 2014, has not yet produced positive effects on the minors in conflicts with law in Albania. The role of General Prosecution Office and the court system in this aspect are of great importance for the investigation stage, trial and the execution of the sentence. The discussion presents the principles of literature “What works” in the field of juvenile justice and in this frame suggestions will be presented in line with Criminal Code and Code of Criminal Procedures. DOI: 10.5901/ajis.2015.v4n2s2p134

Contractual Obligations under the Private International Law in Albania.

This theoretical and practical part is related to the analysis and studies of the contractual obligations under the private international law. This work is divided into three parts, where respectively, the first part deals with the general part of the contractual obligations; the second part deals with the specific contracts, which are actually found also in a general regulation under law No. 10428, dated 02.06.2011 “Private International Law”; and the third part deals with the international and national jurisprudence aspect. This work as based on the ex-positio sinkronik system aims at giving a minimum contribution in the application of the international private law and clarifies the omission, collision and legal problematic aspects in practice. At the end of this work, there are our conclusions which serve as a deduction over the analysis and studies done to this part of the private international law.

Guaranteeing the Judgment of Civil Cases Within a Reasonable Time as a Requirement of the Right to a Fair Trial in Albania

Guaranteeing the fundamental rights and freedoms is one of the preconditions for the existence of the rule of law in a democratic society. Our paper tries to analyze how is the right to a fair trial guaranteed as far as it concerns the requirement that civil cases should be judged within a reasonable time. Compared to criminal law, civil law in Albania still lacks concrete time – limits within which the judgment of a civil case should necessarily end. The lack of such concrete time limits, is one of the principal causes for the delay of the civil judgments beyond a reasonable time, which represents itself a violation not only of the Constitution as a primary act regulating the fundamental rights in our country, but also of other conventional acts such as the European Convection of Human Rights, which enjoys a position of particular significance in Albanian Constitution compared to the other international acts that have been ratified in our country. Considering the fact that for the subjects of law the provision of justice within a reasonable time by the respective authorities, is considered almost as important as the right itself at that point that it is fair to affirm that “justice too long delayed is justice denied”, we have found of particular interest to involve in our research also some possible suggestions on which are the types of measures we consider could be the most efficient to be taken in order to improve the judgment of civil cases within a reasonable time in our country. DOI: 10.5901/ajis.2014.v3n3p509

Law making citizens’ initiatives and the constitutional law in Albania (legislation, jurisprudence, practice)

Law making citizens’ initiatives and the constitutional law in Albania (legislation, jurisprudence, practice)

The Property Law in Countries in Transition, Taking Albania of after ’90 Years as Reference

One of the characteristics that the researchers of the counties in post-communist transition address to these counties is the transformation of the property’s form from the model of national property into model constituting on the combination of public property with that private. The most part of the effects of this transition are even the variations into legal framework accompanying this process, as well as juridical conception of the property’s law. From the studies carried out it is noted that the transition doesn’t have the same impact and outcomes in these post-communist countries by the point of view of property’s law. Some countries have passed a fastest and smooth transition; meantime some others have passed, or are jet under through a difficult and problematic transition. The studies reached the conclusion that the property’s law has suffered variations, but these changes are frequently problematic for each post-communist country, not-reflecting the same shapes observed on other post-communist countries in transition, and the concept and current practices related to the property’s law in Albania remain jet opened to be improved, and bringing them in conformity with standards of European law. The matter remaining opened to the debate is, so, that of identifying the factors which have contributed in that field and the distinguishing among them for the countries in transition and the property’s law in post-communist countries. This research tends to treat changes on property’s law in the context of the transition of Albanian society. It intends to identify which have been the variations regarding to the property’s law, if those changes are the same or different from those happened in other post-communist countries in transition, and how the happened changes comply with historical and modern concept of the property’s law. The examination of these changes is expanded into a period of 20 years (1990-2010) focusing in legal framework of the property’s law. DOI: 10.5901/mjss.2014.v5n3p204

The Development of Private International Law in Albania

In a world like today’s one, with communication, trade and the increasing cross-border travels, the issue of the conflict of laws appears in every aspect of the private law. It is important that every member of the legal community understands the conflict of laws. This is important especially for judges, because they are the ones who should solve cross-border disputes submitted to them, which affect the personal lives of individuals and their businesses. Judges are precisely those who, with their work, should increase the confidence of the parties and the public, both within the community of their country and in other countries. However, in a broader view, not only lawyers but all legal subjects must have general knowledge in this field in order to perform effective agreements. Thus, through this article we aim to shed light on the regulation of private legal relations that are characterized by a foreign element, presenting innovations brought by Law No. 10426 ‘On Private International Law’ which entered into force on 02.06.2011.

Public Debt in Albania and Some Ideas on the Good Management of Public Finances

The material aims to make an analysis of all the numerous public discussions today in Albania regarding the public debt and ways and manners to balance it. Not only in Albania but also in the Euro zone countries like Greece, Spain, Ireland, Cyprus, Portugal, the management and control of public debt is the priority of the economy because of the threat that brings the high public debt on public finances due to macroeconomic instability. Albania's public debt reached in early 2013 to 63.8% of GDP, while the countries of the region have a lower debt level and higher GDP. There is a law in Albania on the basis of which it is realized such budget management to determine the level which was 60% of government debt. This level was changed by the Albanian Parliament in December 2012 going to 62%, a change which was accompanied by heated debates among parliamentary parties and groups of economists. But what should be the level of public debt in order to give breathing to the economy, to promote employment and reduce the unemployment. How will the government be able to come out of the parliamentary elections June 2013 to face the task of improving public finances, efficiency in revenue administration and increasing the sustainability of the fiscal regime, through the implementation of reforms agreed by all political forces and public. DOI: 10.5901/mjss.2013.v4n10p332

EU Consumer Law Outside the European Union: The Case of Albania

The article examines the emergence of Albanian Consumer Law as an example of the application of the EU consumer acquis beyond the European Union. The argument is that Albanian Consumer Law was established and developed principally as a result of external pressures, whereby as part of the pre-accession process Albania has undertaken an obligation to harmonize its consumer law with EU law. In turn, the weakness of domestic pressures and factors, including a genuine commitment on the part of Albanian policy makers to develop consumer law so as to protect their citizens as consumers, resulted in a fairly slow evolution of consumer law in Albania and the lack of implementation of the initial enactments in practice. However, the empowering of a dedicated Consumer Protection Commission as the main institution in charge of enforcement of consumer law in Albania has led to some enforcement activity and a significant number of consumer protection cases. An analysis of the cases suggests the Commission is using, and upgrading, its powers so as to intervene in a number of different sectors in the economy, including against quite powerful market players.

SP3-13 Prevalence and the determinants of smoking among high-school students in Tirana, Albania

IntroductionTo assess the prevalence of smoking and its associated factors among high-school students in Tirana, Albania.MethodsAn anonymous questionnaire survey was carried out among 797 high-school students (63% females) in Tirana,...

Of Time, Honor, and Memory: Oral Law in Albania

This essay provides a historical account of the role of oral tradition in passing on from generation to generation an ancient code of customary law that has shaped and dominated the lives of northern Albanians until well into the mid-twentieth century. This traditional body of customary law is known as the Kode of Leke Dukagjini. It represents a series of norms, mores, and injunctions that were passed down by word of mouth for generations and reputedly originally formulated by Leke Dukagjini, an Albanian prince and companion-in-arms to Albania’s national hero, George Kastriot Skanderbeg (1405-68). Leke Dukagjini ruled the territories of Pulati, Puka, Mirdita, Lura, and Luma in northern Albania—known today as the region of Dukagjini—until the Ottoman armies seized Albania’s northernmost city of Shkoder in 1479. Throughout the past five to six centuries this corpus of customary law has been referred to as Kanuni i Leke Dukagjinit, Kanuni i Malsise (the Code of the Highlands), or Kanuni i maleve (the Code of the Mountains). The “Code” is an inexact term, since Kanun, deriving from the Greek kanon, simultaneously signifies “norm,” “rule,” and “measure.” The Kanun, but most particularly the norm of vengeance, or blood taking, as its standard punitive apparatus, continue to this day to be a subject of historical, sociological, anthropological, and juridical interest involving various theoretical frames of reference from the dominant trends of the eighteenth and nineteenth centuries to today. The Kanun of Leke Dukagjini was not the only customary law in Albania. Some regions in the north attributed theirs to Skanderbeg (Kanuni i Skenderbeut—the Code of Skanderbeg), and in the south another Code (Kanuni i Laberise—the Code of Laberia) was enforced, although not as rigidly as the Kanun of Leke Dukagjini. Although the latter two are little known, they, too, are worthy of sociological and anthropological attention. Before the Ottoman Turks invaded Albania over 600 years ago, the country was divided into several petty principalities, none of which was sufficiently strong for long enough to subject a neighboring territory to its rule. Faced with the danger of Ottoman invasion, Skanderbeg was able to unite all of the Albanian princes and their territories under his unchallenged leadership in a single state. Leke Dukagjini was one of his closest friends and allies. They both were Christian crusaders and resisted the whole force of the Ottoman army for a quarter of a century. Although the Ottomans finally conquered Albania ten years after the death of Skanderbeg, they were

The new public accounting law in Albania – the current situation and the introduction of IPSAS to systems of public accounting

SEER tries t o stimulate the exchange of information among researchers, trade unionists and people who have a special interest in the political, social and economic development of the region of south-east Europe. The journal tries to draw attention to new research results and the latest analyses about the ongoing process of political and social changes in the south-east of Europe. It tries to create more understanding for the importance of the elaboration of democratic structures in industrial relations. The SEER combines contributions from different disciplines and »political schools« into an information package of interest for policy makers, researchers, academics and trade unionists from various backgrounds. Website: www.seer.nomos.de

Consolidation of democracy and the rule of law in Albania: OSCE assistance efforts1

Consolidation of democracy and the rule of law in Albania: OSCE assistance efforts1

The Unwritten Law in Albania

The Unwritten Law in Albania

The Unwritten Law in Albania. By Margaret Hasluck. Edited by J. H. Hutton. pp. xv + 285. Cambridge University Press, 30s.

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The Unwritten Law in Albania

The Unwritten Law in Albania

134. Some Sources on the Unwritten Law in Albania

134. Some Sources on the Unwritten Law in Albania

The Unwritten Law in Albania

The Unwritten Law in Albania

The Unwritten Law in Albania

The Unwritten Law in Albania

Book Reviews

TOLD IN THE MARKET PLACE. By C. G. CAMPBELL. Ernest Benn. Pp. 207. 1954. 10s. 6d. Reviewed by A. S. T. ENGLISH FOLK SONG, SOME CONCLUSIONS. By CECIL J. SHARP. 3rd Edition. Methuen. London. 1954. Reviewed by V. A. AFRICAN TRADITIONAL RELIGION. By GEOFFREY PARRINDER. Hutch inson's University Library, London. 1954. Pp. 156. Map. 8s. 6d. Reviewed by Edwin W. Smith WAYS OF MAMMALS IN FACT AND FANCY. By CLIFFORD B. MOORE. Ronald Press. New York, 15s.net. Reviewed by L. R. Brightwall. GREEK PROVERBS. A collection of proverbs and proverbial phrases which are not listed by the ancient and Byzantine paroemiographers. By REINHOLD STROMBERG. Göteborgs kungl. Vetenstaps-och. Vitterhets-Samhälles Handliugar, Sjätte Följden, Ser. A, Band 4, No. 8. Göteborg, 1954. Kr. 15. Reviewed by Wilfrid Bonser. SCOTLAND'S DANCES. By H. A. THURSTON. London, 1954. Pp. 160. 11s. 6d. Reviewed by V. A. THE WORD ON THE BRAZOS. By J. MASON BREWER. Foreword by J. FRANK DOBIE. Illustrations by RALPH WHITE, JR. Pp. xv, 109. Austin. University of Texas Press. 1953. $3.50. Reviewed by C. A. Burland. CHIEFS AND GODS : RELIGIOUS AND SOCIAL ELEMENTS IN THE SOUTHEASTERN BANTU KINGSHIP. By OLAF PETTERSSON. With map. Pp. 405. Reviewed by C. A. Burland. LES COSTUMES DES POPULATIONS BRETONNES. By R.-Y. CRESTON. Avec préface de P.-R. GIOT. 2 vols. Pp. 66, 120; maps 21, 66. Numerous other illustrations. Rennes, 1953–4. Reviewed by E. Ettlinger. THE UNWRITTEN LAW IN ALBANIA. By the late MARGARET HASLUCK. Edited by J. H. HUTTON. Cambridge University Press. Pp. xv, 285. With a map. 30s. Reviewed by R. M. Dawkins.