Albania Research Articles

The Legal Situation for Orphan Works Under the Republic of Albania's Copyright Regime

The development of digital technology has revolutionized the public's access to and utilization of protected works. Pre-existing analog works can now be easily converted into digital formats, providing users with various reuse opportunities. Libraries, museums, archives, and other cultural heritage institutions have embraced the digital revolution by digitizing their cultural and scientific collections. In addition to preserving these invaluable assets, they also aim to provide online access to their materials. However, despite their valuable efforts, these institutions often face significant challenges in locating and identifying the copyright holders to obtain the necessary authorization. This can lead to uncertainties regarding the legality of making these works available online, as using copyrighted materials without prior consent can expose them to the risk of copyright infringement claims. In the Republic of Albania, where cultural heritage institutions are also grappling with these challenges, the potential for infringement underlines the urgent need for efficient mechanisms to handle copyright-related matters when undertaking such ambitious projects. This article aims to present and analyze legal solutions that can facilitate the use of orphan works without infringing on copyright. It also delves into the potential challenges that may arise in implementing such legislation. Additionally, this article outlines the procedure for termination of orphan work status and the requirements for a reasonable compensation calculation for reappearing authors/right holders. Finally, it recommends further improvements to copyright and related rights legislation. Received: 20 March 2024 / Accepted: 16 June 2024 / Published: 02 July 2024

The Nature of Preparatory Actions and Their Role in Committing Criminal Offenses in the Republic of Albania

Generally, criminal offense is not consummated by being implemented as if by magic. It is undoubtedly the result of a long process of reflection, efforts, and escalated feedback. The awareness of criminal offense or the entire process in which the full realization of the it passes, is carried out in several stages. Some authors think that preliminary criminal activity is characterized by three stages while there are also other authors who accept only two stages of carrying out the preliminary criminal activity, which are; preparation and attempt to commit the criminal offense. The stages in which the criminal offense is actually carried out are, the birth of the criminal thought; the emergence of the thought; the decision to commit the criminal offense; the preparatory actions which are taken in order to successfully commit the criminal offense; the beginning of the execution of the criminal offense which can attempt to commit it "delictum consummatum", remains. Between the birth of the thought to commit a criminal offense and the completed of it, there is a series of intermediate acts. One of these phases is characterized by what are known in criminal law doctrine as preparatory actions. The meaning and nature of these acts are of theoretical and practical importance. Firstly to correctly distinguish the legal moments that follow the preparatory acts, secondly to avoid possible mistakes in the legal definition of the criminal offense and thirdly for the accurate requirement of the criminal sanction. Received: 4 April 2024 / Accepted: 30 June 2024 / Published: 02 July 2024

Analysis of the Data Presented by Tide Gauge Stations in Albania

This study focuses on the comprehensive monitoring of tide gauges along the coastal regions of the Republic ofAlbania, aiming to assess sea level variations and understand the dynamics of the coastal environment. Tide gaugesplay a crucial role in providing essential data for coastal management, climate change studies, and disasterpreparedness. The research involves the deployment and maintenance of tide gauges at strategic locations along theAlbanian coastline, coupled with an in-depth analysis of the collected data. The monitoring process includescontinuous data acquisition from tide gauges, incorporating advanced sensors and telemetry systems to ensure realtime and accurate measurements. The acquired data are analyzed to identify patterns, trends, and anomalies in sealevel variations. Additionally, the study investigates the influence of meteorological and oceanographic factors on tidegauge readings, enhancing the understanding of the complex interactions shaping coastal dynamics. Furthermore, theresearch explores the implications of observed sea level changes on coastal ecosystems, infrastructure, andcommunity resilience. It provides valuable insights into potential threats such as coastal erosion, saltwater intrusion,and flooding. The findings contribute to the development of effective adaptation and mitigation strategies to addressthe challenges posed by rising sea levels.

The Fictitious Constitution of People's Republic of Albania (1946)

In 1946, in Albania, the Constitution of the People's Republic came into force (reworked in 1950). This Constitution recognized a series of rights and freedoms, such as that of expression, of the press, of assembly, of association, the right to publicly express one's thoughts, freedom of religion, of conscience, etc. Despite the explicit provisions on religion and conscience, the communist regime began a real ideological battle to repress religious sentiment. The State adopted persecutory policies against religions. Persecutions which they pursued in the light of the Fundamental Charter with the aim of eradicating religions from the souls of Albanians. Without taking into consideration that beyond the feelings rooted in each person, beliefs were part of customs and customs. For this reason, anti-religious policy begins with the weakening of the clergy and then proceeds with state atheism. This was only the beginning of the Albanian nightmare, against religion and consequently against all religious communities located in the country. Received: 10 March 2024 / Accepted: xx April 2024 / Published: 5 May 2024

The Right to Work in International and National Law in the Time of Globalization

Work is not a commodity like all other commodities, but it is an emanation of the human person. For this reason, its value is higher than all other things. With the beginning of industrialization, in addition to state measures for the protection and education of work, the workers joining forces in mutual unions have done everything to oppose the inferiority of the labor factor to capital. It should be emphasized that the right to work is not a subjective right that you can claim in court in case of non-realization, but it is a principle that the State through policies must be committed to create conditions for everyone to be employed. In the time of economic and financial globalization that today's society is experiencing, the right to work is not regulated only in national legislation, but also in international legislation and collective contracts. In this work, the sources of international labor law approved by the ILO, the UN and some regional organizations such as the Council of Europe and the European Union will be explained first. It is very important to know the international sources for labor law because they occupy a privileged position in the hierarchy of sources of law in the Republic of Albania, which are often overlooked by law enforcement officers. After exhausting the sources of international labor law, the national sources will be treated with a focus on our Constitution. A special place in this work will be occupied by trade union freedom and the right to strike according to domestic law, which have historically represented the basic means to protect the rights of women workers. At the end of the report in this conference, we will briefly dwell on the impact of globalization on labor law. Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024

New Trends in Students’ Reading Habits

The technology era has caused many changes in the reading habits of students, starting in 2011. However, the universities were not prepared for the enormous challenges they faced with the Pandemic, in late 2019 and early 2020. The pandemic has accelerated the habits of students toward digital resources and the use of more and more electronic materials. Facing this phenomenon, accelerated by the effects of Covid-19, the universities have to face the necessity of the adaptation of teaching methods which meant the use of digital materials. The article analyses the change in reading habits and the teaching methods in the Albanian and Kosovan context, showing how the universities in the Republic of Albania and Kosovo have been affected by these changes, embracing approaches to information technology. For this purpose, we have analyzed the changes in reading habits in different public and private universities in Albania and Kosovo. A tested questionnaire has been spread to 672 students in both countries, in different programs and different years of studies. The article shows that under the influence of globalization processes and the development of information technology, reading habits are changing at a frenetic speed, weakening hard copy reading and increasing electronic and that under the Pandemic Covid-19 universities changed the ways of offering teaching methods, accelerating the change of the reading habits of students and weakening the use of printed books as a tool for learning, as well as decreasing the time of reading for pleasure. A more dynamic world caused more focused universities and more rapid changes in the reading habits of the students.

Navigating Financial Frontiers in the Tourism Economies of Kosovo and Albania during and beyond COVID-19

The problem addressed in this study is the profound impact of the COVID-19 pandemic on the tourism economies of Kosovo (KOS) and Albania (AL), which led to economic–financial stagnation and price increases. The aim was to analyze the financial frontier challenges facing the tourism industry during COVID-19 and beyond and propose effective strategies for shaping a sustainable future for countries within Europe with great potential for tourism development in the current decade. The survey was conducted in 102 locations, including cities, municipalities, regions, villages, and neighborhoods in both countries over the years 2020–2023, while data analysis was performed using a cluster analysis (K-means and hierarchical) and the multidimensional scaling method (Alscal). The results highlighted (a) the severe impact of COVID-19 on both the population and businesses in the tourism sector, which will persist beyond the pandemic, (b) the indispensable role of government intervention in alleviating the financial crisis, (c) the need for innovative approaches and accurate financial management by both the country and businesses to attract tourists, and (d) the importance of control and management for financial sustainability. This paper is of significant importance to tourism destinations as it provides insights into the severe impact of COVID-19 on both the population and businesses in the tourism economies. By highlighting the indispensable role of government intervention, the need for innovative approaches and accurate financial management, and the importance of control and management for financial sustainability, the study offers valuable guidance for tourism destinations in navigating the current crisis and attracting tourists. Furthermore, the paper emphasizes the need for future studies to explore opportunities for long-term financial resilience and growth, contributing to the development of sustainable tourism destinations.

CIVIL LAW CODIFICATION PROCESS IN THE REPUBLIC OF NORTH MACEDONIA AND THE REPUBLIC OF ALBANIA

Civil Law as a branch of the private law is very important because of the regulation of the relations between two natural or legal persons in the field of property law, family law or law on obligations. The Republic of North Macedonia had a different story on its codification of civil law since it was part of the Former Yugoslavia, and its initiative started in 2009 with the process of drafting the civil code. This process continues due to the change of the Macedonian Government in 2016, which prolonged the work on the civil law codification for a couple of years. Now more than ever, the Republic of North Macedonia is ready to adopt the new Civil Code, and the last chapter is expected to be completed by the end of 2023 or the beginning of 2024. On the other side, the codification process of civil law in the Republic of Albania was long, and it emanated since its pre-state formation with the customary law and establishment of institutes, continuing with the declaration of independence and formation of the Albanian state in November 28, 1912 and the first Civil Code of 1929, the second Civil Code in the period of socialism in 1981, and the third Civil Code in the period of transition in 1994 until today. All this legal process of codification has brought development in the fields of private law, one of them being family law.

Albania’s Foreign Economic Relations, 1956–1977: Between Moscow and Beijing

This article analyses the economic relations of the People’s Republic of Albania with socialist countries in the late 1950s–1970s, as well as the Soviet Union’s strategy of using the “economic factor” in its relations with Albania. The main sources for the article were documents of the embassies of the USSR in socialist countries, information notes of Soviet economists, reports of special services and analytical materials compiled in the Central Committee of the CPSU. The author concludes that both the Soviet Union and China sought to use economic cooperation with Albania to draw it into the orbit of their international policies. To this end, Moscow and Beijing developed complex strategies of foreign economic relations, which included interstate cooperation and partnership within the framework of international socialist cooperation of the economies of the people’s democracies. The amount of economic aid received by the PRA was significant and allowed the country to enter the stage of industrial development. At the same time, both the Soviet and Chinese partners tried to contain the gigantomania of their ally’s plans by reducing loans to certain obviously unprofitable enterprises. The Albanian elite, however, could not admit the fallacy of its economic policy and therefore attributed its low effectiveness to external enemies. Neither the Soviet Union nor the People’s Republic of China managed to use the “economic factor” to influence the internal politics of the PRA for a long period of time. Skillfully maneuvering between Moscow and Beijing and playing on the contradictions of the two leading powers of the world socialist system, Tirana maintained its socio-economic model, which proved surprisingly stable.

Assessment of Innovativeness of the EU Candidate Countries Based on the European Innovation Scoreboard

Innovation is seen as a key capability for maintaining a competitive advantage, creating value for customers, and capturing a larger share of the market. In the contemporary world economy, understood as a set of mutual connections and interdependencies, innovations are crucial for economic growth and competitiveness. Internationalization and globalization processes in the world economy also concern the innovativeness of economies, and are visible in international use of technologies developed within national innovation systems, globalization of the creation and implementation of innovations, international (global) cooperation in research and development and innovation activities, international (global) protection of intellectual property. The aim of the article is to assess the level of innovativeness of the economies of selected European Union candidate countries based on the Summary Innovation Index (SII) and its components, as well as to estimate the innovation gap between these countries and the EU average of the Summary Innovation Index in 2023. The analysis was limited to Turkey (TR), Serbia (RS), Albania (AL), Montenegro ME), North Macedonia (MK), Bosnia and Herzegovina (BA) and Ukraine (UA) due to the availability of data describing the Summary Innovation Index, provided for all the EU candidate countries surveyed in the European Innovation Scoreboard. The paper formulates a research thesis assuming that the surveyed EU candidate countries are characterized by a lower level of innovativeness of economies than the EU average of the Summary Innovation Index and its components. Therefore, they show an innovation gap compared to the average for European Union countries in 2023. The results of the analysis only partially confirm this thesis. The article reviewed the literature on the innovation and innovativeness of economies and the innovation gap. The applied methods include descriptive analysis, statistical data analysis and comparative analysis along with statistical data from the European Innovation Scoreboard 2023.

Constitutional Protection of Human Rights in the Republic of Albania

Democracy and the rule of law are lessons from history and people's desires to live an increasingly better life, where human rights are closely linked to the state's obligation to protect and promote them. The Constitution recognizes and ensures human rights and freedoms. The constitution empowers the people thereby implementing democracy and giving the people the opportunity to participate in the exercise of power, such as through elections or referendums. Also, the Constitution determines whether these rights can be limited or not and in which cases. Usually there are reasons such as the protection of national security, health and safety of the public or even the protection of the rights of others and always only with laws issued by the relevant government. Legal and democratic institutions should be expressed through three basic attributes, legitimacy, authority and political power. In this sense, the existence of democracy and respect for human rights must be ensured, through the existence of the rule of law and democratic values in a society where human rights have special importance for democracy.
 
 Received: 2 October 2023 / Accepted: 10 December 2023 / Published: 23 December 2023

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

Nominal and Real Shocks in the EURALL Exchange Rate. (A SVAR Guide)

Exchange rates are one of the most important topics in the economic and financial sectors. Considering the exchange rate as the price between currencies, financial theories aim to understand the behavior of exchange rates from a more rational viewpoint. Domestic and foreign inflation has a direct impact on the real interest rates and the exchange rates. This paper aims to analyze the nominal and real shocks of the exchange rate between the Euro and Albanian lek [EURALL]. As the most important foreign currency used in the Republic of Albania, the euro is becoming more and more a stable determinant of prices and asset values in the Albanian economy. The vast majority of import and export is dependent on the EURALL trend. That is one of the main reasons why it is so important to study the shocks in the EURALL exchange rate. The Structural Vector Autoregressive (SVAR) models can be used to understand the effects of imposing some long-run restrictions. In addition, some short-run shocks play a major role and continue to have effects even in the long run. This paper takes into consideration the monthly data of exchange rates and inflation of Albania and the Eurozone from 2016 – 2022 (the last 7 years). As one of the most important models, SVAR models can be used in both fiscal and monetary policymaking. Studying nominal and real exchange rates means studying inflation in the eurozone and Albania. Real shocks have a significant impact on both nominal and real exchange rates. Meanwhile, there is no evidence that the nominal shocks (such as institutional interventions or central bank operations) have an important impact on the nominal and real exchange rates. Referring to that, we can conclude that policymaking institutions should be cautious about the real exchange rate.

Forecasting Inflation using the ARIMA Approach (Case of Albania)

Traditionally, macroeconomic statistics have played a major role in creating the framework for analyzing economic phenomena. Price changes are one of the most worrying situations where individuals, firms, and government tend to keep in control as much as possible. Even if the economic effect could be negligible, the psychological effect could be more considerable. Inflation creates a touchable impact in the vast majority of economic sectors. Meanwhile, empirical studies of inflation have shown a very correlative relationship between inflation and other macroeconomic indicators such as unemployment, GDP growth, net exports, etc. Albanian economy has suffered from time to time from inflation consequences. Simultaneously, inflation in Albania has created a cyclical form and a significant trend. Due to these conditions, simple econometric models such as ARMA or ARIMA can be used to forecast future inflation, especially at the moment when inflation is the focus of the Albanian economy. This paper aims to create an ARIMA econometric model of inflation in the time frame from 2009-2022. It also creates a quantitative approach for forecasting inflation in the Republic of Albania. Furthermore, this paper tries to explain some phenomena linked with inflation giving some qualitative data. ARIMA model will be used to forecast future inflation in Albania. Lastly, as explained in the paper, it is shown that the ARIMA model should be taken under consideration in policymaking processes.

Legal Instruments for Determining Personal Insurance Measures in the "Republic of Albania"

Any restriction of freedom must be objectively justified and for a duration no longer than is necessary. In exceptional cases, when the limitation of freedom is considered necessary, it must guarantee the respect of rights and guarantees of a procedural nature, provided for in international acts that are mandatory to be implemented in domestic legislation. The right to liberty means only protection from restriction of physical liberty. It is not easy to define the meaning of the term "restriction of freedom", but in general we will understand this as the obligation to stay in a limited space for a considerable period of time. In every country in the world, people are arrested and detained on suspicion of having committed a criminal offence. Often, these individuals are kept restricted from their freedom for weeks, months or even years before a competent court pronounces a decision on their case on the merits. The conditions in which these individuals are kept are often the worst in the internal penitentiary system. Their legal status is in jeopardy as they are suspects but have not pleaded guilty and they are under enormous pressure, due to the damage they suffer in economic terms or separation from family and community. The extended use of arrest in prison or at home, in the Republic of Albania, evidences a poor recognition of the conditions and criteria for assigning coercive personal security measures, by the actors of the criminal justice system, in particular by the prosecution and the court. However, the role of the courts remains fundamental not only for the correction of procedural actions carried out by the prosecution and the police, but especially for the guarantee of freedoms and fundamental rights, as well as the principles of the rule of law.
 
 Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023

Comparative characteristics of plant protection against copper and sulphur influence

Efficient agriculture provides not only food security but also improves the economy of the country. Despite the existence of different types of agricultural production (traditional or organic), plant protection is currently a necessary component. Copper and sulphur are effective against pests and improve the quality and quantity of crops, but are toxic and harm the environment, biodiversity, and human health. The purpose of the study is to investigate the current situation regarding the use of copper and sulphur in plant protection in the Republic of Albania and other countries of the Balkan Peninsula and Europe. Theoretical and empirical research methods were used in the study. As a result, it was determined that the studied elements were actively used in different European countries, both in traditional and organic agriculture. There is a tendency to reduce the norms of use, and in some countries – the removal of these chemical elements from plant protection programmes. The paper includes a comparative characteristic of the use of copper and sulphur and a survey among Albanian agricultural producers on the use of preparations based on these elements. It is established that in the republic, copper and sulphur are actively used mainly in the form of herbicides and fungicides. They are used on vegetable and fruit crops, as well as grapes and olives. There is a problem of informing producers about the negative impact of copper and sulphur on the environment and human safety, as well as control by the state. The practical significance of the study lies in the analysis of the current situation of copper and sulphur use in Albania and in the identification of ways to change it for the better

Health Management Crisis of COVID-19

Coronavirus disease 2019 (COVID-19) has a negative effect on the poor, minority populations, and a wide variety of vulnerable communities because of its unequal distribution in populated regions and its limited ability to be mitigated by the rise in chronic conditions or the lack of access to high-quality healthcare (HC). Furthermore, the pandemic's negative consequences, such as social isolation and travel limitations, disproportionately affect persons in the poorest socioeconomic (SE) groups. We prepared seven national case studies from across the world to address the difficulties of improving health and highlight some of the responses used by government agencies and local groups: Afghanistan (AFGN), Albania (ALB), Algeria (ALGR), Australia (AU), Brazil (BR), China (CN), and France (FR). We encourage academics to continue doing rigorous research and establishing a sound evidence foundation for further scientific inquiries into COVID-19 health equity problems throughout the world. HC organisations may improve their agility, resilience, and learning with the support of insights from complexity science in order to better prepare for unexpected occurrences in the future.

Education and motivation of students in isolation conditions from the COVID-19 pandemic

This study aims to investigate the education and motivation of students in the conditions of the COVID-19 pandemic in the Republic of Albania. In March 2020, as in other countries, education in Albania was faced with the great dilemma of how teaching would take place in conditions of isolation from the pandemic. We emphasize in advance that Albanian families, in general, use electronic devices such as smartphones, laptops, tablets, or desktops. There is a cable internet network for every family. We also point out that there were families with a lack of computer equipment and internet access.The main findings of the research on the development of the learning process in the context of the pandemic, result: Initial problems of distrust over the development of online teaching, the main challenges in the education sector related to insufficient digital skills for teachers and students to use learning platforms, difficulties in preparing teaching materials for the transmission of subject content at a distance, aspects of motivation and engagement of students in online learning.

The role and legal position of the President in the Republic of Albania. Its relationship with other constitutional bodies

In this article we will try to highlight the figure of the President in a Parliamentary Republic, as is the case of Albania, his role and legal position and the powers that are recognized as a constitutional body. The figure of the head of state in function of the historical context, the forms of government but also his functions and powers, has passed into different forms of models, sometimes as a monarch and sometimes as the president of the country. There have been heads of state who have not only formally enjoyed a primary position in the system of state bodies, exercising control over other bodies, including the parliament, but have also effectively run the state in all senses. Nowadays, with the exception of the French system of the Fifth Republic and to some extent in the Finnish and Portuguese systems, in which the President has very important constitutional powers, in most European countries the head of state is considered the embodiment of the unity of the nation , with the functions of an adviser or arbitrator “super parts” (which stands above the parties), i.e. as a representative of a neutral power, which, as a whole, respects the constitutional norms and, in particular, regulates the relations between political bodies. The role of the President of the Republic within the political-constitutional order takes the form and influence given to the person at the head of that institution. In parliamentary republics, its role is primarily one of guaranteeing political and institutional balances between different powers. Whenever politics is in crisis, as it happens in many cases in Albania, then the role of the President becomes essential. If politics follows its normal course, then his role is merely ceremonial.

An ethical perspective on the relationship between Media Communication – Education: Case study

Purpose: Since advertising to children and adolescents has become ubiquitous, scholars who study the significance and influence of adverts on children raise questions about the communication approach towards this category of the audience. This study focuses on two national TV stations which have the highest number of viewers and consequently the highest number of advertisements and time dedicated to it. Some of the adverts repeatedly broadcast on these television channels do not comply with the ethical standards of MES or the legal framework for Audiovisual Media in the Republic of Albania. Design/Methodology/Approach: The method used in this case study is the observational method – the monitoring of the national TV media stations during particular time slots. Findings: The findings and recommendations will be relevant to all the stakeholders. Originality/value: Advertisements in time slots, in which children are actively watching television, are not in accordance with the ethics that are trumpeted by the law on pre-university education and the law on audio-visual broadcasts. We can identify the violation of some articles of the law on which the Audiovisual Media Authority operates. Keywords: TV adverts, communication, education, children, legal framework.