Papers by Bledar Abdurrahmani
Global journal of politics and law research, Mar 15, 2024
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European journal of economics, law and social sciences, Jun 1, 2024
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Access to justice in Eastern Europe, Apr 30, 2024
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Interdisciplinary journal of research and development, Apr 23, 2024
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THE COMMUNIST PAST OF ALBANIA AND THE COUNTRY IN 25 YEARS OF TRANSITION, 2017
Already a quarter of a decade after the fall of communism in Albania, the country continues to un... more Already a quarter of a decade after the fall of communism in Albania, the country continues to undergo a profound political, economic, social, and legal transition period. This long transition challenges the constitutional aspiration of the Albanian people to build a democratic state founded on human rights and fundamental freedom and build a future of social peace and economic prosperity. Despite the large constitutional and legal measures adopted to consolidate a modern state based on human rights and freedoms, free market, private and public property, and rule of law they have failed to adequately address the demand for respect of human rights of a category of subjects that during communism suffered the profound violation of these rights, were victims of vicious inhuman acts and unable to benefit from repair as much as possible of the consequences of these violations. In the first part, this paper aims to analyze the concept of transitional justice and the legal instruments of international law used to address the obligation of ex-communist states to take measures to eradicate the communist past. These measures are a prerequisite for building a functional democracy founded upon social peace and prosperity. The essence of this paper lies in assessing the reforms of the restitution and compensation of expropriated property during the communist regime as an important instrument of transitional justice in Albania. The main focus of this paper is on its second part, which provides a legal evaluation of domestic legislation regarding the restitution and compensation of property expropriated during the communist regime. The aim is to determine whether this legislation has contributed to justice and human rights.
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Transitional Justice in Albania: The Politics of Truth Revelation Through Access to The Secret Files and Preservation of the Collective Memory, 2024
During 45 years of dictatorship in Albania, many people were accused, convicted imprisoned, exile... more During 45 years of dictatorship in Albania, many people were accused, convicted imprisoned, exiled, or persecuted for "offenses" of a political nature thereby violating basic human rights. Victims of violence, their descendants, and society as a whole have a legal right, even a moral one, to learn the truth regarding past human violations. International law, through its mechanisms, has made a valuable contribution, not only through shaping the instruments that contribute to the unveiling of the truth about communist crimes but also through fostering progress in the respective jurisdictions. Within the scope of the state's responsibilities in unveiling the truth about communist crimes, Albania has built its model through the adaptation of a series of legal and institutional measures. The purpose of this paper is to analyze the Albanian model of truth revelation, focusing especially on the politics of preservation of the archives providing access to them, and protecting historical collective memory. The study supports the hypothesis that transitional justice remains an open process because the relevant mechanisms created to make justice and reveal the truth about the bitter past have produced incomplete and insufficient results. The paper also argues that during these 33 years of democratic developments in Albania, the legal system of information on secret service files has been only recently properly contoured and the challenge remains its implementation in practice, meanwhile, the collective memory as a form of justice for the communist crimes in Albania has not yet served its basic mission.
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PROTECTION OF PROPERTY IN THE FRAMEWORK OF THE EXPROPRIATIONS IN ALBANIA: THE CHALLENGE OF (UN) JUST COMPENSATION, 2024
During the last decade, the dynamics of economic development and the situation of natural disaste... more During the last decade, the dynamics of economic development and the situation of natural disasters in Albania have imposed the need to implement a series of development projects in the country's infrastructure. As a result, the competent authorities have carried out many expropriation procedures, and have deprived many private subjects of their ownership rights. These administrative actions in most of the expropriation procedures have been accompanied by serious conflicts between the affected subjects and the competent authorities, because of the inappropriate assessment of the expropriated property. The criminal prosecution processes have also followed this opposing approach of the affected persons.
One of the main goals of law in a democratic society is to guarantee and establish a reasonable economic and social balance of the rights that are required to be realized with the interests that are affected. This matter takes on special importance when it comes to interference with fundamental rights, the impact of which on the economic and social life of the subjects is very large. Based on the effects that expropriation has on the economic and social aspects for the affected persons, international and constitutional law have given special importance to the standards of the expropriation regime, legitimizing the deprivation of the subject from the property right only in the conditions of existence of a public interest and only by giving a just compensation.
The purpose of this paper is to make a legal analysis of the Albanian legal system applied in the context of expropriations, as an administrative procedure considering the standards of fair compensation. The paper supports the hypothesis that the Albanian legal system applied in the framework of the expropriation does not guarantee the constitutional standards of just compensation, infringing the economic and social interests of the affected persons. This has increased social and institutional conflict and delays in expropriation procedures, and this problem has always been addressed as a conflict for a solution within the court jurisdiction. Relying on the standings of several constitutional institutions, such as the People's Advocate, State Supreme Audit, and court decisions, the paper recommends the necessity of changing the Albanian legal system that regulates the evaluation of expropriated property. The standard of just compensation should be achieved above all as administrative justice, in the framework of administrative action. Such a measure serves as a standard for the protection of property rights, increases citizens' trust in state institutions, acceleration expropriation procedures, as well as reduces the time and financial costs for the involved parties.
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Academic Journal of Interdisciplinary Studies, 2013
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Zenodo (CERN European Organization for Nuclear Research), Jun 22, 2023
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European Journal of Multidisciplinary Studies, Jan 21, 2017
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Interdisciplinary Journal of Research and Development
The change of the political and legal system in Albania gave birth to the great hope, not only of... more The change of the political and legal system in Albania gave birth to the great hope, not only of the triumph of dignity, but also of the correction of injustices towards former political prisoners. In Albania, from 1991 to 2008, a series of legal measures addressed the issue of former political prisoners. Their purpose was not only to legally consider punishment for crimes of a political nature as unjust, but also to award compensation. But, in the span of 17 years they remained a formal statement on paper, an inadequate legal solution that in very few cases became effective. At the beginning of 2008, with the entry into force of the law on the compensation of former political convicts, an administrative compensation process was sanctioned that offered a reasonable solution in terms of time and amount of compensation. However, the subsequent legal changes recognized the right of the state to carry out a compensation process based on budgetary possibilities and did not condition the...
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Interdisciplinary Journal of Research and Development
This paper aims to conduct an in-depth analysis of the concept of transitional justice, of the in... more This paper aims to conduct an in-depth analysis of the concept of transitional justice, of the international legal instruments that address the obligation of former communist states to take measures for the eradication of the communist past as a necessary condition for the construction of a functional democracy that has peace and social prosperity at its fundaments. This paper provides a detailed analysis of the legal reform of lustration and the right to information on the files of the communist regime, focusing specifically on the arguments that justify the emergence of these reforms, reviewing their content, delineating specifically the category of subjects whom these reforms addressed as well as the rights and obligations that they created, by also outlining the progress and effectiveness of these reforms in relation to the time when they were initiated and were enforced This paper seeks to identify whether it has achieved or not the purpose for which these reforms were born in ...
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With the emergence of new technologies and innovations the individuals, businesses and government... more With the emergence of new technologies and innovations the individuals, businesses and governments world-wide are also facing an alarming growth in cybercrime. Albania is no exception to the paradigm of cybercrime. In recent times there has been a rapid growth in various forms of Information Communication Technology (ICT), particularly internet users. What is the definition of cybercrime? “Cybercrime is any criminal activity which involves a computer or network as the source, tool, target or place of a crime” (Grabosky 2001, 38). In recent years there has been a considerate focus by all the government structures to improve the computer-related crime legislation and means of resources and mechanisms to combat it. On the basis of the "desk research", taking into consideration the main legal documents in this field and various authors’ doctrinal positions in Albanian and European level, this paper will examine the phenomena of cybercrime in Albania and the current enacted rel...
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Academic Journal of Interdisciplinary Studies, 2013
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European Journal of Multidisciplinary Studies, 2017
Already quarter of a decade after the fall of communism in Albania, the country continues to stru... more Already quarter of a decade after the fall of communism in Albania, the country continues to struggle with an undergoing profound political, economic, social and legal transition period. This long transition challenges the constitutional aspiration of the Albanian people to build a democratic state that is founded on the protection and guarantee of human rights and fundamental freedoms, on building a future of social peace and economic prosperity. Despite a large corpus of constitutional and legal measures undertaken during the transition years to build a state of law based on freedom and human rights, the initiative of the free market, private and public property, they have failed to address adequately the demand for respect of human rights and fundamental freedoms of a category of subjects that during communism suffered the profound violation of these rights, were victims of vicious inhuman acts and unable to benefit from repair as much as possible of the consequences of these vio...
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Tashmë pas cerek dekade nga rënia e komunizmit në Shqipëri, vendi vijon të rropatet në tranzicion... more Tashmë pas cerek dekade nga rënia e komunizmit në Shqipëri, vendi vijon të rropatet në tranzicion të thellë politik, ekonomik dhe social. Ky tranzicion i gjatë sfidon fuqishëm aspiratën kushtetuese të popullit shqiptar për ndërtimin e një shteti demokratik që ka në themel mbrojtjen e garantimin e të drejtave dhe lirive themelore të njeriut, ndërtimin e një të ardhme në paqe dhe prosperitet social e ekonomik. Pavarësisht një korpusi të madh masash kushtetuese e ligjore që janë marrë gjatë këtyre viteve tranzicion për të ndërtuar një shtet të së drejtës që ka në themel liritë e të drejtat e njeriut, iniciativën e tregun e lirë, pronën private e atë publike, ata nuk kanë arritur të adresojnë si duhet kërkesën për respektimin e të drejtave dhe lirive themelore të njeriut dhe rivendosjen e drejtësisë për një kategori subjektesh që gjatë viteve të komunizmit pësuan dhunim të egër e c`njerëzor të këtyre të drejtave, duke riparuar sa të jetë e mundur pasojat e këtij dhunimi. Ky punim ka për qëllim të bëjë një analizë të thelluar të konceptit të drejtësisë tranzitore, të instrumenteve juridikë të së drejtës ndërkombëtare që adresojnë detyrimin e shteteve ish komuniste për marrjen e masave për crrënjosjen e të kaluarës komuniste, si kusht i domosdoshëm për ndërtimin e një demokracie funksionale që ka në themel paqen e prosperitetin social. Thelbi i këtij punimi qëndron në vlerësimin se sa janë reflektuar këto instrumente në legjislacionin e brendshëm, fazën që ato janë dhe efektet që ato kanë sjellë tek kategoria e personave të dënuar e të përndjekur politikisht nga regjimi komunist në Shqipëri. Në fokus të këtij punimi është evidentimi i faktorëve që kanë kushtëzuar mosndarjen e Shqipërisë nga e kaluara komuniste dhe hapat e nevojshëm që duhen marrë. Fjalë Kyce: Drejtësia tranzitore, të drejtat e liritë themelore, OKB, Këshilli i Evropës, Lustracion, Hapje dosje, e kaluara komuniste. 1. Hyrje Ka kaluar mbi një cerek dekade nga fillimi i aspiratës së popullit shqiptar për ndërtimin e një shoqërie të lirë e demokratike që ka në themel vlerat e standardet më të larta evropiane dhe vendi vijon të rropatet në një tranzicion të thellë politik, social dhe ekonomik. Padyshim, tranzicioni nga një sistem totalitar komunist drejt atij demokratik ka qënë e mbetet një proces kompleks dhe i gjithanshëm. Në pamje të parë, ai duket si një ndryshim i sistemit të qeverisjes dhe atij ekonomik, por në analizë më të thellë ai karakterizohet nga një filozofi tjetër e sistemit ligjor, ku interpretimi i së drejtës, nuk ka thjesht karakter pozitivist, por argumentativ, në të cilin parimet e rregullat kushtetuese përbëjnë një grup normash dhe vlerash eprore dhe ligji është instrumenti për arritjen e ekulibrit të drejtë shoqëror. Në këtë sistem që po përpiqemi të ndërtojmë liritë dhe të drejtat e njeriut përbëjnë vlera udhëheqëse, ndërsa drejtësia shoqërore nuk është vetëm një
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Books by Bledar Abdurrahmani
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Papers by Bledar Abdurrahmani
One of the main goals of law in a democratic society is to guarantee and establish a reasonable economic and social balance of the rights that are required to be realized with the interests that are affected. This matter takes on special importance when it comes to interference with fundamental rights, the impact of which on the economic and social life of the subjects is very large. Based on the effects that expropriation has on the economic and social aspects for the affected persons, international and constitutional law have given special importance to the standards of the expropriation regime, legitimizing the deprivation of the subject from the property right only in the conditions of existence of a public interest and only by giving a just compensation.
The purpose of this paper is to make a legal analysis of the Albanian legal system applied in the context of expropriations, as an administrative procedure considering the standards of fair compensation. The paper supports the hypothesis that the Albanian legal system applied in the framework of the expropriation does not guarantee the constitutional standards of just compensation, infringing the economic and social interests of the affected persons. This has increased social and institutional conflict and delays in expropriation procedures, and this problem has always been addressed as a conflict for a solution within the court jurisdiction. Relying on the standings of several constitutional institutions, such as the People's Advocate, State Supreme Audit, and court decisions, the paper recommends the necessity of changing the Albanian legal system that regulates the evaluation of expropriated property. The standard of just compensation should be achieved above all as administrative justice, in the framework of administrative action. Such a measure serves as a standard for the protection of property rights, increases citizens' trust in state institutions, acceleration expropriation procedures, as well as reduces the time and financial costs for the involved parties.
Books by Bledar Abdurrahmani
One of the main goals of law in a democratic society is to guarantee and establish a reasonable economic and social balance of the rights that are required to be realized with the interests that are affected. This matter takes on special importance when it comes to interference with fundamental rights, the impact of which on the economic and social life of the subjects is very large. Based on the effects that expropriation has on the economic and social aspects for the affected persons, international and constitutional law have given special importance to the standards of the expropriation regime, legitimizing the deprivation of the subject from the property right only in the conditions of existence of a public interest and only by giving a just compensation.
The purpose of this paper is to make a legal analysis of the Albanian legal system applied in the context of expropriations, as an administrative procedure considering the standards of fair compensation. The paper supports the hypothesis that the Albanian legal system applied in the framework of the expropriation does not guarantee the constitutional standards of just compensation, infringing the economic and social interests of the affected persons. This has increased social and institutional conflict and delays in expropriation procedures, and this problem has always been addressed as a conflict for a solution within the court jurisdiction. Relying on the standings of several constitutional institutions, such as the People's Advocate, State Supreme Audit, and court decisions, the paper recommends the necessity of changing the Albanian legal system that regulates the evaluation of expropriated property. The standard of just compensation should be achieved above all as administrative justice, in the framework of administrative action. Such a measure serves as a standard for the protection of property rights, increases citizens' trust in state institutions, acceleration expropriation procedures, as well as reduces the time and financial costs for the involved parties.