This paper focuses on the institution of res judicata, which is part of an adjudicatory practice,... more This paper focuses on the institution of res judicata, which is part of an adjudicatory practice, compared to the same institute in American jurisprudence. As a result of an irrevocable judgement, when considering a violation of a normal legal process, the existence of res judicata is put into question. In order to deal with this, some things need to be clarified: Which are the factors that an irrevocable judgement does not constitute res judicata? In what ways an irrevocable judgement could be stroked out, etc. In order for this project to be achieved, descriptive methods will be used. These methods are going to serve as an indispensable tool for the clarification of terms and concepts that are different in analysing legislation and judicial practices of the two countries in terms of legal, practical and analytical methods. In order to avoid having a completely doctrinal output, the analysis of the institute of res judicata is often combined with the court practice. The research that will be needed for accomplishing this project will be elaborated in two directions: The first is related to the Albanian and American literature-doctrine, while the second has its focus on the legislation of the two countries. It is necessary to clarify that this paper can be surely extended with numerous examples of cases reviewed by local and US courts, regarding the certain matter. However, this paper does not only commit to the practical side of the tribunal in relation to this institute. If this project is simply regarded as a presentation and analysis of civil judgments for irrevocable decisions, this paper would be converted to a court’s annual report, which is something we would preferably avoid.
Keywords: Res Judicata, the principle of Res Judicata, irrevocable decision, court.
Historically, roperty has been the foundation of the existence of human society and of states at ... more Historically, roperty has been the foundation of the existence of human society and of states at all times. The “Rule of Law”in every democratic state guarantees and protects property. In a chronological period of time, how has the Albanian legal systems guaranteed private property?
After the change of dictatorial system caused by the democratic developments during the 90’ which happened in all the East Europe, the democratic state although it wasn’t responsible for the past injustice, took over the moral and legal obligations to adjust, as soon as possible, some of the previous regime injustices, from 29 November 1994 and after. The first step was Law nr.7512 in August 1st 1991 ‘’For sanctioning and protection of private property, for free initiative independent private activity and privatization. The approval of this law intended the establishment of a new economic order and transition from a centralized economic system and controlled by the state to a economic system based on free market principles.
Two basic elements of this process are: recognition/restitution and compensation of property. Both elements have encountered difficulties in their materialization in practice. The jurisprudence of European Court of Human Rights and the Constitutional Court of the Republic of Albania have tried to give the legal definition ‘’ restitution and compensation of property’’ meaning not the same as the right of property in a constitutional sense and rules of international law, but an understanding based on the principle of fairness and justice and more to the principle of the welfare state. The same attitude held by countries that faced the same phenomenon. Albanian judicial practice taking into account all the levels of the judicial system from the district courts, Courts of Appeal, Supreme Court and Constitutional Court that have had loads of juridical issues related to the decisions of administrative bodies for restitution and compensation of property which were treated as decisions ‘’ Quasi-Judicial’’.
An important role had the unification of these decisions, that taking into account the decisions of the European Court of Justice, unified judicial practice in regard to the question of restitution and compensation.
Besides the repeated decisions and frequent recommendations as to improve the situation, Albanian state hasn’t built yet appropriate and effective mechanisms for tackling this problem.
Key words: Private property, restitution and compensation of property, jurisprudence, ECH
The election of the deputies is one of the most important moments in the political life of each d... more The election of the deputies is one of the most important moments in the political life of each democratic state. This process which is the most important one includes the well organisation and the cooperation of all the relevant institutions that the Albanian Constitution provides. This declaration is obvious in the Article 2§1 of it. Political parties are very important in the democratic system to emphasise the main aim of it. These organisations are concentrated to have an efficient and effective performance during (or even out) the election campaigns to gain the majority of votes and even to enlarge their self’s. Whatever, to perform in the appropriate way and to transmit the information, political parties need to have incomes. According to the Article 9§3 of the Albanian Constitution these parties has the obligation to declare every income, to respect the transparency of all their activities. The new Electoral Code that enter in force in 2008 provides the procedure that the parties should follow to obtain founds according to the law. In this article we will present an analysis of the way of obtaining financial founds from these organisations in the view of the Electoral Code. Even more, it will be explained the concepts and the procedure of public and non-public financing, within all the elements of them such as the fair declaration of the incomes, the deadline to obtain them ect . On the other hand, we will bring the focus to the problems that these way of finding incomes has. More over this article try to respond to the question if the law and the ongoing system contains all the appropriate mechanisms to control the well function of the all process. In other words, in terms of methodology this article will offer a qualitative view of the financing process of political parties from public and non-public founds. Keywords: Electoral Code, political parties, public founds, non-public found.
The purpose of this article will be the access to the Rome Statute of Human Rights. The reason fo... more The purpose of this article will be the access to the Rome Statute of Human Rights. The reason for choosing this theme is the importance of having basic human rights in the Rome Statute, which element is important in issuing decisions of the International Criminal Court. In this article we will examine in detail the connection between the Rome Statute and human rights. A deeper analysis will be conducted in issuing decisions of this Court, the judges of this court, and the practice that they apply in their decisions based on human rights. During our study we will specifically mention human rights which constitute the key points that are based on the Rome Statute. At the conclusion of our article we will mention our thoughts on the future of the International Criminal Court and its relationship with human rights.
Keywords: judges, criminal, life, personal safety, release.
Through this paper I wil introduce, al the novelties of the new law "On civil status", a
compreh... more Through this paper I wil introduce, al the novelties of the new law "On civil status", a
comprehensive analysis of the changes that this law has made (Law no. 10129. dated.
1.05.209), in an argumentative way. Analysis of this article wil be made refering to the
decision of the Constiutional Court.I wil also review the scope of Law No. 8950 dated
10.10.202, in which we find what is the meaning and components of civil Albanian nationals
and stateles persons, as wel as the organization and functioning of the civil service in the
Republic of Albania.An important point wil be the Decision No.52 dated. 01.12.2001 of the
Constiutional Court, which requires the declaration as incompatible with Articles 16/1, 17, 19,
20 and 35 of the Constiution of the Republic of Albania, the term "nationality" and the term
"Nationality in acordance with the nationality of the parents", as defined in Article 42/2, leter
"e"; Article 58, wholy, of Law no. 10129, dated 1.05.209 "On the registry".The Constiutional
Court states that: "The Albanian Constiution does not have a clear definiton of the term
"nationality" or the term "national minority", though these terms are included in the
constiutional provisions.The Court also notes the absence of other laws or regulations that
contain adjustments in the terms "nationality", "ethnic minority" or "national minority".For the
first time the term "nationality" is mentioned in the Law no. 8950, dated 10.10.202 "For civil
status", repealed, but not defined as a term. The Civil status law, the provisions of which are
subject to this article, does not specify in an exact and clear way what is meant by the term
"nationality".
Key words: Law, Articles, Constiution, Changes.
Non-pecuniary damage and his reward are encountered more frequently lately and we realize every d... more Non-pecuniary damage and his reward are encountered more frequently lately and we realize every day how wide is this institution and how difficult is to measure it in a final reward.
Our legislation, otherwise than in practice, can be interpreted broadly and creates the possibility that the Albanian citizens can pretend or claim unknown types of non-pecuniary damages, that European citizens have already recognized and claimed from decades. For this reason, lawyers when seeking the compensation or even when the courts decide, should conclude in a fair wage and the full launch of more objective criteria. The criteria that we brought through this paper, is used and intented to come to the aid, even for a little bit, to this category of professionals.
The paper will be divided into four key points. First, we will address a historical overview of the subject and then look on the comparative non-pecuniary damage and his reward. Looking at the evolution of non-pecuniary damage in our legislation, we will in some way understand why other countries have extremely developed this institute. Two other section issues, will refer to the jurisprudence and a comparative view of our and with the neighboring countries legislation, in order to see the similarities and differences with this institution in our own right.
The methodology used in this paper is comparative, which compares our legislation in a chronological extension of time.
The research question that accompanies this paper is "How much and how is applied our legislation, regarding non-pecuniary damage, what do the theory and practice reflect?”
Key words: non-pecuniary damage, legislation, decision execution, interpretation
Me parathënie nga prof. dr. Ksenofon Krisafi
Botimet toena
Tiranë, 2015
Bot... more Me parathënie nga prof. dr. Ksenofon Krisafi
Botimet toena
Tiranë, 2015
Botuese: Irena Toçi
Korrektore letrare: Majlinda Bami
Përkujdesja grafike: Elida Stafa
Kopertina: Albana Kuraj
ISBN978-9928-4291-1-7
This paper focuses on the institution of res judicata, which is part of an adjudicatory practice,... more This paper focuses on the institution of res judicata, which is part of an adjudicatory practice, compared to the same institute in American jurisprudence. As a result of an irrevocable judgement, when considering a violation of a normal legal process, the existence of res judicata is put into question. In order to deal with this, some things need to be clarified: Which are the factors that an irrevocable judgement does not constitute res judicata? In what ways an irrevocable judgement could be stroked out, etc. In order for this project to be achieved, descriptive methods will be used. These methods are going to serve as an indispensable tool for the clarification of terms and concepts that are different in analysing legislation and judicial practices of the two countries in terms of legal, practical and analytical methods. In order to avoid having a completely doctrinal output, the analysis of the institute of res judicata is often combined with the court practice. The research that will be needed for accomplishing this project will be elaborated in two directions: The first is related to the Albanian and American literature-doctrine, while the second has its focus on the legislation of the two countries. It is necessary to clarify that this paper can be surely extended with numerous examples of cases reviewed by local and US courts, regarding the certain matter. However, this paper does not only commit to the practical side of the tribunal in relation to this institute. If this project is simply regarded as a presentation and analysis of civil judgments for irrevocable decisions, this paper would be converted to a court’s annual report, which is something we would preferably avoid.
Keywords: Res Judicata, the principle of Res Judicata, irrevocable decision, court.
Historically, roperty has been the foundation of the existence of human society and of states at ... more Historically, roperty has been the foundation of the existence of human society and of states at all times. The “Rule of Law”in every democratic state guarantees and protects property. In a chronological period of time, how has the Albanian legal systems guaranteed private property?
After the change of dictatorial system caused by the democratic developments during the 90’ which happened in all the East Europe, the democratic state although it wasn’t responsible for the past injustice, took over the moral and legal obligations to adjust, as soon as possible, some of the previous regime injustices, from 29 November 1994 and after. The first step was Law nr.7512 in August 1st 1991 ‘’For sanctioning and protection of private property, for free initiative independent private activity and privatization. The approval of this law intended the establishment of a new economic order and transition from a centralized economic system and controlled by the state to a economic system based on free market principles.
Two basic elements of this process are: recognition/restitution and compensation of property. Both elements have encountered difficulties in their materialization in practice. The jurisprudence of European Court of Human Rights and the Constitutional Court of the Republic of Albania have tried to give the legal definition ‘’ restitution and compensation of property’’ meaning not the same as the right of property in a constitutional sense and rules of international law, but an understanding based on the principle of fairness and justice and more to the principle of the welfare state. The same attitude held by countries that faced the same phenomenon. Albanian judicial practice taking into account all the levels of the judicial system from the district courts, Courts of Appeal, Supreme Court and Constitutional Court that have had loads of juridical issues related to the decisions of administrative bodies for restitution and compensation of property which were treated as decisions ‘’ Quasi-Judicial’’.
An important role had the unification of these decisions, that taking into account the decisions of the European Court of Justice, unified judicial practice in regard to the question of restitution and compensation.
Besides the repeated decisions and frequent recommendations as to improve the situation, Albanian state hasn’t built yet appropriate and effective mechanisms for tackling this problem.
Key words: Private property, restitution and compensation of property, jurisprudence, ECH
The election of the deputies is one of the most important moments in the political life of each d... more The election of the deputies is one of the most important moments in the political life of each democratic state. This process which is the most important one includes the well organisation and the cooperation of all the relevant institutions that the Albanian Constitution provides. This declaration is obvious in the Article 2§1 of it. Political parties are very important in the democratic system to emphasise the main aim of it. These organisations are concentrated to have an efficient and effective performance during (or even out) the election campaigns to gain the majority of votes and even to enlarge their self’s. Whatever, to perform in the appropriate way and to transmit the information, political parties need to have incomes. According to the Article 9§3 of the Albanian Constitution these parties has the obligation to declare every income, to respect the transparency of all their activities. The new Electoral Code that enter in force in 2008 provides the procedure that the parties should follow to obtain founds according to the law. In this article we will present an analysis of the way of obtaining financial founds from these organisations in the view of the Electoral Code. Even more, it will be explained the concepts and the procedure of public and non-public financing, within all the elements of them such as the fair declaration of the incomes, the deadline to obtain them ect . On the other hand, we will bring the focus to the problems that these way of finding incomes has. More over this article try to respond to the question if the law and the ongoing system contains all the appropriate mechanisms to control the well function of the all process. In other words, in terms of methodology this article will offer a qualitative view of the financing process of political parties from public and non-public founds. Keywords: Electoral Code, political parties, public founds, non-public found.
The purpose of this article will be the access to the Rome Statute of Human Rights. The reason fo... more The purpose of this article will be the access to the Rome Statute of Human Rights. The reason for choosing this theme is the importance of having basic human rights in the Rome Statute, which element is important in issuing decisions of the International Criminal Court. In this article we will examine in detail the connection between the Rome Statute and human rights. A deeper analysis will be conducted in issuing decisions of this Court, the judges of this court, and the practice that they apply in their decisions based on human rights. During our study we will specifically mention human rights which constitute the key points that are based on the Rome Statute. At the conclusion of our article we will mention our thoughts on the future of the International Criminal Court and its relationship with human rights.
Keywords: judges, criminal, life, personal safety, release.
Through this paper I wil introduce, al the novelties of the new law "On civil status", a
compreh... more Through this paper I wil introduce, al the novelties of the new law "On civil status", a
comprehensive analysis of the changes that this law has made (Law no. 10129. dated.
1.05.209), in an argumentative way. Analysis of this article wil be made refering to the
decision of the Constiutional Court.I wil also review the scope of Law No. 8950 dated
10.10.202, in which we find what is the meaning and components of civil Albanian nationals
and stateles persons, as wel as the organization and functioning of the civil service in the
Republic of Albania.An important point wil be the Decision No.52 dated. 01.12.2001 of the
Constiutional Court, which requires the declaration as incompatible with Articles 16/1, 17, 19,
20 and 35 of the Constiution of the Republic of Albania, the term "nationality" and the term
"Nationality in acordance with the nationality of the parents", as defined in Article 42/2, leter
"e"; Article 58, wholy, of Law no. 10129, dated 1.05.209 "On the registry".The Constiutional
Court states that: "The Albanian Constiution does not have a clear definiton of the term
"nationality" or the term "national minority", though these terms are included in the
constiutional provisions.The Court also notes the absence of other laws or regulations that
contain adjustments in the terms "nationality", "ethnic minority" or "national minority".For the
first time the term "nationality" is mentioned in the Law no. 8950, dated 10.10.202 "For civil
status", repealed, but not defined as a term. The Civil status law, the provisions of which are
subject to this article, does not specify in an exact and clear way what is meant by the term
"nationality".
Key words: Law, Articles, Constiution, Changes.
Non-pecuniary damage and his reward are encountered more frequently lately and we realize every d... more Non-pecuniary damage and his reward are encountered more frequently lately and we realize every day how wide is this institution and how difficult is to measure it in a final reward.
Our legislation, otherwise than in practice, can be interpreted broadly and creates the possibility that the Albanian citizens can pretend or claim unknown types of non-pecuniary damages, that European citizens have already recognized and claimed from decades. For this reason, lawyers when seeking the compensation or even when the courts decide, should conclude in a fair wage and the full launch of more objective criteria. The criteria that we brought through this paper, is used and intented to come to the aid, even for a little bit, to this category of professionals.
The paper will be divided into four key points. First, we will address a historical overview of the subject and then look on the comparative non-pecuniary damage and his reward. Looking at the evolution of non-pecuniary damage in our legislation, we will in some way understand why other countries have extremely developed this institute. Two other section issues, will refer to the jurisprudence and a comparative view of our and with the neighboring countries legislation, in order to see the similarities and differences with this institution in our own right.
The methodology used in this paper is comparative, which compares our legislation in a chronological extension of time.
The research question that accompanies this paper is "How much and how is applied our legislation, regarding non-pecuniary damage, what do the theory and practice reflect?”
Key words: non-pecuniary damage, legislation, decision execution, interpretation
Me parathënie nga prof. dr. Ksenofon Krisafi
Botimet toena
Tiranë, 2015
Bot... more Me parathënie nga prof. dr. Ksenofon Krisafi
Botimet toena
Tiranë, 2015
Botuese: Irena Toçi
Korrektore letrare: Majlinda Bami
Përkujdesja grafike: Elida Stafa
Kopertina: Albana Kuraj
ISBN978-9928-4291-1-7
Uploads
In order to deal with this, some things need to be clarified: Which are the factors that an irrevocable judgement does not constitute res judicata? In what ways an irrevocable judgement could be stroked out, etc. In order for this project to be achieved, descriptive methods will be used. These methods are going to serve as an indispensable tool for the clarification of terms and concepts that are different in analysing legislation and judicial practices of the two countries in terms of legal, practical and analytical methods.
In order to avoid having a completely doctrinal output, the analysis of the institute of res judicata is often combined with the court practice. The research that will be needed for accomplishing this project will be elaborated in two directions: The first is related to the Albanian and American literature-doctrine, while the second has its focus on the legislation of the two countries. It is necessary to clarify that this paper can be surely extended with numerous examples of cases reviewed by local and US courts, regarding the certain matter. However, this paper does not only commit to the practical side of the tribunal in relation to this institute. If this project is simply regarded as a presentation and analysis of civil judgments for irrevocable decisions, this paper would be converted to a court’s annual report, which is something we would preferably avoid.
Keywords: Res Judicata, the principle of Res Judicata, irrevocable decision, court.
After the change of dictatorial system caused by the democratic developments during the 90’ which happened in all the East Europe, the democratic state although it wasn’t responsible for the past injustice, took over the moral and legal obligations to adjust, as soon as possible, some of the previous regime injustices, from 29 November 1994 and after. The first step was Law nr.7512 in August 1st 1991 ‘’For sanctioning and protection of private property, for free initiative independent private activity and privatization. The approval of this law intended the establishment of a new economic order and transition from a centralized economic system and controlled by the state to a economic system based on free market principles.
Two basic elements of this process are: recognition/restitution and compensation of property. Both elements have encountered difficulties in their materialization in practice. The jurisprudence of European Court of Human Rights and the Constitutional Court of the Republic of Albania have tried to give the legal definition ‘’ restitution and compensation of property’’ meaning not the same as the right of property in a constitutional sense and rules of international law, but an understanding based on the principle of fairness and justice and more to the principle of the welfare state. The same attitude held by countries that faced the same phenomenon. Albanian judicial practice taking into account all the levels of the judicial system from the district courts, Courts of Appeal, Supreme Court and Constitutional Court that have had loads of juridical issues related to the decisions of administrative bodies for restitution and compensation of property which were treated as decisions ‘’ Quasi-Judicial’’.
An important role had the unification of these decisions, that taking into account the decisions of the European Court of Justice, unified judicial practice in regard to the question of restitution and compensation.
Besides the repeated decisions and frequent recommendations as to improve the situation, Albanian state hasn’t built yet appropriate and effective mechanisms for tackling this problem.
Key words: Private property, restitution and compensation of property, jurisprudence, ECH
Political parties are very important in the democratic system to emphasise the main aim of it. These organisations are concentrated to have an efficient and effective performance during (or even out) the election campaigns to gain the majority of votes and even to enlarge their self’s. Whatever, to perform in the appropriate way and to transmit the information, political parties need to have incomes. According to the Article 9§3 of the Albanian Constitution these parties has the obligation to declare every income, to respect the transparency of all their activities.
The new Electoral Code that enter in force in 2008 provides the procedure that the parties should follow to obtain founds according to the law. In this article we will present an analysis of the way of obtaining financial founds from these organisations in the view of the Electoral Code. Even more, it will be explained the concepts and the procedure of public and non-public financing, within all the elements of them such as the fair declaration of the incomes, the deadline to obtain them ect .
On the other hand, we will bring the focus to the problems that these way of finding incomes has. More over this article try to respond to the question if the law and the ongoing system contains all the appropriate mechanisms to control the well function of the all process.
In other words, in terms of methodology this article will offer a qualitative view of the financing process of political parties from public and non-public founds.
Keywords: Electoral Code, political parties, public founds, non-public found.
Keywords: judges, criminal, life, personal safety, release.
comprehensive analysis of the changes that this law has made (Law no. 10129. dated.
1.05.209), in an argumentative way. Analysis of this article wil be made refering to the
decision of the Constiutional Court.I wil also review the scope of Law No. 8950 dated
10.10.202, in which we find what is the meaning and components of civil Albanian nationals
and stateles persons, as wel as the organization and functioning of the civil service in the
Republic of Albania.An important point wil be the Decision No.52 dated. 01.12.2001 of the
Constiutional Court, which requires the declaration as incompatible with Articles 16/1, 17, 19,
20 and 35 of the Constiution of the Republic of Albania, the term "nationality" and the term
"Nationality in acordance with the nationality of the parents", as defined in Article 42/2, leter
"e"; Article 58, wholy, of Law no. 10129, dated 1.05.209 "On the registry".The Constiutional
Court states that: "The Albanian Constiution does not have a clear definiton of the term
"nationality" or the term "national minority", though these terms are included in the
constiutional provisions.The Court also notes the absence of other laws or regulations that
contain adjustments in the terms "nationality", "ethnic minority" or "national minority".For the
first time the term "nationality" is mentioned in the Law no. 8950, dated 10.10.202 "For civil
status", repealed, but not defined as a term. The Civil status law, the provisions of which are
subject to this article, does not specify in an exact and clear way what is meant by the term
"nationality".
Key words: Law, Articles, Constiution, Changes.
Our legislation, otherwise than in practice, can be interpreted broadly and creates the possibility that the Albanian citizens can pretend or claim unknown types of non-pecuniary damages, that European citizens have already recognized and claimed from decades. For this reason, lawyers when seeking the compensation or even when the courts decide, should conclude in a fair wage and the full launch of more objective criteria. The criteria that we brought through this paper, is used and intented to come to the aid, even for a little bit, to this category of professionals.
The paper will be divided into four key points. First, we will address a historical overview of the subject and then look on the comparative non-pecuniary damage and his reward. Looking at the evolution of non-pecuniary damage in our legislation, we will in some way understand why other countries have extremely developed this institute. Two other section issues, will refer to the jurisprudence and a comparative view of our and with the neighboring countries legislation, in order to see the similarities and differences with this institution in our own right.
The methodology used in this paper is comparative, which compares our legislation in a chronological extension of time.
The research question that accompanies this paper is "How much and how is applied our legislation, regarding non-pecuniary damage, what do the theory and practice reflect?”
Key words: non-pecuniary damage, legislation, decision execution, interpretation
Botimet toena
Tiranë, 2015
Botuese: Irena Toçi
Korrektore letrare: Majlinda Bami
Përkujdesja grafike: Elida Stafa
Kopertina: Albana Kuraj
ISBN978-9928-4291-1-7
© Autorja
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Botimet TOENA
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Tel.: + 355 4 22 40 116; 22 58 893
Fax: +355 4 22 40 117
E-mail: redaksia@toena.com.al
botimet.toena@gmail.com
Http://www.toena.com.al
In order to deal with this, some things need to be clarified: Which are the factors that an irrevocable judgement does not constitute res judicata? In what ways an irrevocable judgement could be stroked out, etc. In order for this project to be achieved, descriptive methods will be used. These methods are going to serve as an indispensable tool for the clarification of terms and concepts that are different in analysing legislation and judicial practices of the two countries in terms of legal, practical and analytical methods.
In order to avoid having a completely doctrinal output, the analysis of the institute of res judicata is often combined with the court practice. The research that will be needed for accomplishing this project will be elaborated in two directions: The first is related to the Albanian and American literature-doctrine, while the second has its focus on the legislation of the two countries. It is necessary to clarify that this paper can be surely extended with numerous examples of cases reviewed by local and US courts, regarding the certain matter. However, this paper does not only commit to the practical side of the tribunal in relation to this institute. If this project is simply regarded as a presentation and analysis of civil judgments for irrevocable decisions, this paper would be converted to a court’s annual report, which is something we would preferably avoid.
Keywords: Res Judicata, the principle of Res Judicata, irrevocable decision, court.
After the change of dictatorial system caused by the democratic developments during the 90’ which happened in all the East Europe, the democratic state although it wasn’t responsible for the past injustice, took over the moral and legal obligations to adjust, as soon as possible, some of the previous regime injustices, from 29 November 1994 and after. The first step was Law nr.7512 in August 1st 1991 ‘’For sanctioning and protection of private property, for free initiative independent private activity and privatization. The approval of this law intended the establishment of a new economic order and transition from a centralized economic system and controlled by the state to a economic system based on free market principles.
Two basic elements of this process are: recognition/restitution and compensation of property. Both elements have encountered difficulties in their materialization in practice. The jurisprudence of European Court of Human Rights and the Constitutional Court of the Republic of Albania have tried to give the legal definition ‘’ restitution and compensation of property’’ meaning not the same as the right of property in a constitutional sense and rules of international law, but an understanding based on the principle of fairness and justice and more to the principle of the welfare state. The same attitude held by countries that faced the same phenomenon. Albanian judicial practice taking into account all the levels of the judicial system from the district courts, Courts of Appeal, Supreme Court and Constitutional Court that have had loads of juridical issues related to the decisions of administrative bodies for restitution and compensation of property which were treated as decisions ‘’ Quasi-Judicial’’.
An important role had the unification of these decisions, that taking into account the decisions of the European Court of Justice, unified judicial practice in regard to the question of restitution and compensation.
Besides the repeated decisions and frequent recommendations as to improve the situation, Albanian state hasn’t built yet appropriate and effective mechanisms for tackling this problem.
Key words: Private property, restitution and compensation of property, jurisprudence, ECH
Political parties are very important in the democratic system to emphasise the main aim of it. These organisations are concentrated to have an efficient and effective performance during (or even out) the election campaigns to gain the majority of votes and even to enlarge their self’s. Whatever, to perform in the appropriate way and to transmit the information, political parties need to have incomes. According to the Article 9§3 of the Albanian Constitution these parties has the obligation to declare every income, to respect the transparency of all their activities.
The new Electoral Code that enter in force in 2008 provides the procedure that the parties should follow to obtain founds according to the law. In this article we will present an analysis of the way of obtaining financial founds from these organisations in the view of the Electoral Code. Even more, it will be explained the concepts and the procedure of public and non-public financing, within all the elements of them such as the fair declaration of the incomes, the deadline to obtain them ect .
On the other hand, we will bring the focus to the problems that these way of finding incomes has. More over this article try to respond to the question if the law and the ongoing system contains all the appropriate mechanisms to control the well function of the all process.
In other words, in terms of methodology this article will offer a qualitative view of the financing process of political parties from public and non-public founds.
Keywords: Electoral Code, political parties, public founds, non-public found.
Keywords: judges, criminal, life, personal safety, release.
comprehensive analysis of the changes that this law has made (Law no. 10129. dated.
1.05.209), in an argumentative way. Analysis of this article wil be made refering to the
decision of the Constiutional Court.I wil also review the scope of Law No. 8950 dated
10.10.202, in which we find what is the meaning and components of civil Albanian nationals
and stateles persons, as wel as the organization and functioning of the civil service in the
Republic of Albania.An important point wil be the Decision No.52 dated. 01.12.2001 of the
Constiutional Court, which requires the declaration as incompatible with Articles 16/1, 17, 19,
20 and 35 of the Constiution of the Republic of Albania, the term "nationality" and the term
"Nationality in acordance with the nationality of the parents", as defined in Article 42/2, leter
"e"; Article 58, wholy, of Law no. 10129, dated 1.05.209 "On the registry".The Constiutional
Court states that: "The Albanian Constiution does not have a clear definiton of the term
"nationality" or the term "national minority", though these terms are included in the
constiutional provisions.The Court also notes the absence of other laws or regulations that
contain adjustments in the terms "nationality", "ethnic minority" or "national minority".For the
first time the term "nationality" is mentioned in the Law no. 8950, dated 10.10.202 "For civil
status", repealed, but not defined as a term. The Civil status law, the provisions of which are
subject to this article, does not specify in an exact and clear way what is meant by the term
"nationality".
Key words: Law, Articles, Constiution, Changes.
Our legislation, otherwise than in practice, can be interpreted broadly and creates the possibility that the Albanian citizens can pretend or claim unknown types of non-pecuniary damages, that European citizens have already recognized and claimed from decades. For this reason, lawyers when seeking the compensation or even when the courts decide, should conclude in a fair wage and the full launch of more objective criteria. The criteria that we brought through this paper, is used and intented to come to the aid, even for a little bit, to this category of professionals.
The paper will be divided into four key points. First, we will address a historical overview of the subject and then look on the comparative non-pecuniary damage and his reward. Looking at the evolution of non-pecuniary damage in our legislation, we will in some way understand why other countries have extremely developed this institute. Two other section issues, will refer to the jurisprudence and a comparative view of our and with the neighboring countries legislation, in order to see the similarities and differences with this institution in our own right.
The methodology used in this paper is comparative, which compares our legislation in a chronological extension of time.
The research question that accompanies this paper is "How much and how is applied our legislation, regarding non-pecuniary damage, what do the theory and practice reflect?”
Key words: non-pecuniary damage, legislation, decision execution, interpretation
Botimet toena
Tiranë, 2015
Botuese: Irena Toçi
Korrektore letrare: Majlinda Bami
Përkujdesja grafike: Elida Stafa
Kopertina: Albana Kuraj
ISBN978-9928-4291-1-7
© Autorja
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