By, Assoc. Prof. Dr. Juelda LAMÇE This edition of Jus & Justicia is dedicated to judicial economy, a crucial means for strengthening the rule of law and fostering economic growth and stability. The efficiency of the justice system, particularly in terms of delivering timely and fair decisions, has a direct impact on public trust. By ensuring that justice is delivered promptly and fairly, judicial economy strengthens the rule of law and contributes to the overall prosperity of democratic societies. Judicial economy’s main challenges – such as delays and backlog in courts, corruption, lack of resources, complex legal procedures, limited access to justice, judicial independence and technological gaps – are professionally explored in the articles of this edition, offering stimulating insights and recommendations.

By, Assoc. Prof. Dr. Juelda LAMÇE Abstract Restoring public trust in the judicial system remains a major challenge for Albanian society. Statistical data show that justice systems are weaker in 2023 and that delays in the delivery of justice and issues in implementation are key factors. According to the latest World Rule of Law Index, Albania performs poorly, especially in the fight against corruption and the enforcement of the law. In this regard, further interventions are necessary to improve performance. Judicial efficiency, often measured by the length of the process, is closely related to access to judicial services and legal certainty of court decisions, thus increasing public trust. It ensures the enforcement of contracts as well, which are the basis of commercial transactions. In this way, the judiciary and the rule of law are the main priorities for improving the business environment. Given the analysis and theoretical debate on models for increasing judicial efficiency, the current situation in the country – as evidenced by statistical data from local and international detailed reports – the comparison with Western Balkan and EU countries, the measures taken and policies proposed in these countries, and the aspiration to be part of the EU, increasing public trust in justice is the fundamental change for which measures should be taken. For these reasons, improving judicial performance, ensuring higher quality, faster, and cheaper justice, would contribute to restoring society’s trust in justice, effectively guaranteeing fundamental rights and freedoms, as well as improving the business climate in the country.

By, MSc. Kevin S. MYRTO Abstract The purpose of this article is to examine the responsibilities and independence of the judicial system, referring to the Albanian judicial system, its connection to corruption, and the consequences it has on the economy. Albania transitioned with difficulty from a totalitarian system to a democratic one, striving to leave behind a dark past where fundamental human rights were denied. The reform of the justice system and the cleansing of these institutions from corrupt officials, based on new legal initiatives, are expected to bring long-awaited results. Moreover, the international factor, led by the European Union and the United States, has played a key role in advancing justice reform as a non-negotiable condition for Albania’s accession to the larger European family. The negative role played by corruption in the Albanian economy cannot be denied, causing significant damage to strategic sectors with a direct impact on the country’s stability and internal security. As a result of the transition from a centralized economy to a free market economy, the Albanian economy quickly faced high levels of corruption, tax evasion, and informality, suffering significant setbacks that left Albania in the state of a developing economy. The methodology used in this paper is based on the interpretation of the theoretical framework and the analysis of different authors’ approaches and perspectives, as well as various studies.

By, Assoc. Prof. Dr. Damigela HOXHA Abstract The essay aims to present the outline of military justice in Albania during the Italian occupation (1939-1943). It dwells in particular on the analysis of criminal legislation – shaped entirely on the Italian Codes – and addresses the problem of political trials before the Albanian War Courts, through the examination of a series of striking trials, preserved in the General Directorate of Archives. The historical problem of the establishment of Italian military courts in Albania and, especially, that of their practice has never been adequately studied. On the contrary, the archival fonds of Rome and Tirana can provide important indicators about the role and action of military justice. In this article, also on the basis of documents from the Tirana State Archives, are presented the essential institutional and normative coordinates, together with some surveys of the rulings of the Italian Military Courts in Albania.

By, LL.M. Tobiloba AWOTOYE, LL.M. Tawakaltu QUEEN OYINLOYE Abstract Nigeria is very susceptible to the adverse effects of climate change because it relies heavily on climate-sensitive industries like agriculture and water resources. This presents substantial environmental and economic difficulties on a global scale. This study seeks to provide a thorough analysis of Nigeria’s legal system on climate change and examine how climate change lawsuits can contribute to improving climate governance. The study used a mixed-methods approach, integrating qualitative and quantitative data obtained from literature reviews, case studies, and analyses of policy documents. The results indicate that although Nigeria has made progress in implementing climate legislation, there are still substantial deficiencies in the enforcement and adherence to these laws. The report points out the detrimental effects of climate change on Nigeria’s environment and economy, emphasizing the necessity for strong legal and institutional structures. Nigeria’s climate governance can improve by implementing tactics employed in more developed countries, as evidenced by comparative study with worldwide best practices. The key issues that have been recognized include the presence of legal, procedural, and institutional obstacles that hinder the effectiveness of climate litigation. The study provides suggestions for fortifying Nigeria’s legal structure, improving institutional capabilities, and promoting public involvement in climate action. Nigeria can enhance its ability to withstand the impacts of climate change and promote fairness in addressing climate issues by incorporating climate considerations into wider development strategies and utilizing global assistance. This study stresses the need for implementing extensive changes and fostering international collaboration to tackle the complex concerns of climate change in Nigeria.

By, Assoc. Prof. Dr. Stefano TESTA BAPPENHEIM Abstract The duty of confidentiality is considered one of the highest and oldest obligations of ministers of religion, and in line with its great importance, it has been protected by numerous legal provisions, within the framework of the protection of religious freedom, since confessional secrecy requires procedural support in the form of rights to refuse to testify and prohibitions on arrest searches, otherwise it would degenerate into a de facto ‘empty shell’, due to the general obligation to testify in court or the possibility of seizing documents. But society, with the rapid and universal development of digital techniques, is undergoing a revolution, the consequences of which are likely to alter the current paradigms resulting from the industrial revolution. Society will be transformed in the same way it was transformed in the 19th century, during the industrial revolution. This ongoing revolution will change our view of public and private freedoms. The legislation put in place by the French Revolution to define and protect the rights and freedoms of man and citizen must evolve in the face of the contribution and influence of new technologies and their consequences on these freedoms. If public freedoms are affected by the digitization of society, so are individual freedoms. By unifying the laws of the Member States, the General Data Protection Regulation is a first step towards universal protection throughout the European Union.

By, Dr. Irena LAVDARI Abstract The right to appeal administrative acts is a fundamental aspect of ensuring justice and accountability in the tax administration. This right is embedded in various constitutional principles and legal frameworks aimed at protecting the rights and freedoms of individuals. Modern tax systems are built on the principles of justice and transparency, providing effective mechanisms for appealing administrative decisions. Procedural justice in the context of administrative appeals is essential for ensuring fairness and transparency in decision-making processes. The principle of equality before the law grants taxpayers the right to be treated equally and to appeal any perceived unfair decision. The appeal process helps protect them from potential inaccuracies, arbitrary actions, or misunderstandings that may arise during tax assessments. The “Law on Tax Procedures in the Republic of Albania” outlines the procedures and mechanisms for appealing tax acts issued by tax authorities. It lays the foundation for a fair and efficient system of resolving tax disputes in Albania. Additionally, the Administrative Procedures Law sets forth the general principles and rules governing administrative procedures, including those related to tax appeals. It ensures that administrative actions, including tax assessments, are conducted transparently, impartially, and timely. The jurisprudence of the European Court of Human Rights and the Constitutional Court of Albania plays a significant role in shaping and ensuring the right to appeal administrative acts, offering legal clarity and protection for individuals involved in the administrative process.

By Assoc. Prof. Dr. Juelda LAMÇE

Editorial

In today’s rapidly evolving global landscape, the significance of discussing and understanding security issues cannot be overstated—particularly as countries like Albania confront a multitude of security challenges. This discourse not only informs but also engages the public and policymakers, fostering a broader understanding of the complexities that nations face in maintaining stability and safety. It helps to better appreciate the nuances of the security strategies that nations must adopt, amidst threats that range from traditional military confrontations to modern challenges like cyber threats, environmental crises, and socio-economic disparities. (more…)

https://doi.org/10.58944/giuf4104

By Assoc. Prof. Dr. Fabian ZHILLA (ORCID ID: https://orcid.org/0000-0001-5929-9674)

Abstract

This article delves into the pervasive deployment of encrypted communication platforms within Balkan criminal entities, including Albanian organized crime, offering a meticulous examination and legal scrutiny spanning the period from 2019 to 2023. Focusing primarily on communication channels such as “Matrix,” “Sky ECC,” and “EncroChat,” (more…)

https://doi.org/10.58944/bgjy9350

By MSc Lira SINANI & Assoc. Prof. Dr. Elvin MEKA

Abstract

Convertible Contingent Bonds are important financial instruments for the stability of the banking and financial system in general. The role of innovative financial instruments is crucial to help address the challenges posed by these critical situations. One of these reintroduced instruments with ambitions to enhance the stability of the banking sector is the (more…)

https://doi.org/10.58944/jtmy3628

By Rexhina MYRTA, PhD Candidate

Abstract

This paper explores the complex landscape of national and civil security in Kosovo, focusing on the premises, main components, challenges, and risks associated with establishing a secure and stable environment in Europe’s youngest nation. Kosovo’s journey towards statehood and security is hindered by a myriad of factors including political instability, (more…)

https://doi.org/10.58944/kgny9883

By MSc Artan SADIKU

Abstract

This paper explores the evolving global landscape over the past two decades, emphasizing the imperative for alliances, particularly NATO, to earnestly reevaluate their objectives. The absence of a unified purpose is identified as a hindrance to alliances in delineating suitable policies, structures, and capabilities essential for goal attainment. The paper underscores the (more…)

https://doi.org/10.58944/vdyy2318

By MSc Jurgen HOXHA

Abstract

This paper aims to analyse the Regional Security Complex (RSC) in the Asia-Pacific region from 1931-1945, from the perspective of the Empire of Japan. Along with the rise of Germany, the rise of Imperial Japan in the Asia-Pacific region is crucial to international relations. The challenge that Imperial Japan posed to the Status Quo in the region has had lasting effects (more…)

https://doi.org/10.58944/bpvr5487

By MSc Ergys DOLLOMAJA

Abstract

This article aims to analyze the European Union as a security actor in the Western Balkans region after 1990—a period in which many imbalances in the security architecture challenged the capabilities of the European Union. The Kosovo case would be a perfect example in which the European Union demonstrated significant progress, transitioning from a passive actor in (more…)

https://doi.org/10.58944/rnko4021

By MSc Enxhi TERIHATI

Abstract

The war between Russia and Ukraine has started to have its biggest effects on the most used products by people around the world. The rise in energy prices has been the main headline of this war. In addition to the conventional regional and global security threats due to Russian aggression against Ukraine, the world is facing the unconventional threat of energy security. (more…)

https://doi.org/10.58944/fyyz9729

By, Assoc. Prof. Dr. Juelda LAMÇE This edition is dedicated to democracy and free elections as cornerstones (more…)

By, Dr. Abla Xhaferi

Abstract

The purpose of the article is to deal with the influence of electoral systems and rules on the strategies of political parties, on increasing voter confidence and on creating a sustainable electoral framework. Through research into the history of elections in Albania, especially in recent years, the article points out that electoral systems and rules have had and have a significant impact on political representation, the behavior of the electorate, the representation of minorities, regional and local representation, accountability, coalition building and public perception. For a democratic and standard development of elections in Albania, it is important to ensure that any reform matches the specific context and needs of the country. A well-defined, accessible and transparent legal framework can help improve the electoral process and minimize delays or confusion. Security and reliability in the electoral process is essential. The flaws and shortcomings that are noticed will be reduced and minimized by tightening the laws that protect the electoral process, accompanied by punitive measures to combat any violation of the electoral rules. This war is one of the current affairs that always accompanies the arena of politics in our country. Encouraging observation and transparency would be the most important and decisive step that would motivate people to go willingly to vote and be aware that their vote would be valid and transparent. In recent years, Albania has undergone electoral reforms to address some of the challenges related to the election system and has made improvements. How to cite: Xhaferi, A. (2023). Impact of electoral systems and rules on political representation in Albania: Shortcomings, changes and fight against their violations. Jus & Justicia, 17(2), 43–53.

https://doi.org/10.58944/isws2121

By, PhD(c) Stela KARAJ

Abstract

The ongoing conflict in Ukraine has profoundly affected the individuals, living in the affected territory and other parts of the globe. Several academics believe that the recent aggression against Ukraine and the absence of a coordinated international response indicate the failure of international law today. Concerns over such a failure prompt a re-evaluation of the tools available under international law for preventing wars or hastening their peaceful conclusion. In this paper, the author will analyze the importance of these instruments, arguing that they play a fundamental role in preventing direct threats and avoiding the use of force. At times, they go above and beyond the collective security mechanism of the United Nations Security Council. It is adequate to remember that “war is a continuation of the negotiation process that fails to find a resolution through peaceful means,” as mentioned by the war and conflict theorists, Clausewitz and Thomas Schelling. Perhaps, it goes to the idea or the real purpose of several norms of international law to make the military option less attractive than the peaceful one. The case of Russian aggression in Ukraine demonstrates the limitations of international law in preventing violations and aggression but also highlights the importance of continuing to evolve and improve international legal frameworks. Despite its limitations, the author concludes that international law remains vital for promoting peace and stability in the global community and should be continually evaluated and strengthened, to address complex problems. How to cite: Karaj, S. (2023). In the dilemmas of International Law. case study, Russia’s war in Ukraine. Jus & Justicia, 17(2), 93–106.

https://doi.org/10.58944/qcgw8870

By, MSc. Peme MARKU

Abstract

The aim of this article is to analyze the relationship between democracy and liberalism, and the impact that populism has on it. According to Mouffe, the relationship between liberalism and democracy arises from conflict and will continue to cause conflict. The rise of populist movements within a democracy is one of these conflicts. The starting point of this article is the theory of Alexis de Tocqueville, who identifies liberalism with the concept of freedom and democracy with the principle of equality; and according to him, liberal democracy aims at reconciliation and the coexistence of freedom and equality. Regarding populism, the main assumption is that it has a negative impact on the relationship between democracy and liberalism. The methodology used is qualitative, based on the interpretation of the theoretical framework and the analysis of different approaches and attitudes of different authors and studies. How to cite: Marku, P. (2023). Populism and its impact on the relationship between democracy and Liberalism. Jus & Justicia, 17(2), 54–74.

https://doi.org/10.58944/ohzx8055

By, Renata KAU, PhD, Dr. Sofjana VELIU

Abstract

Public-private partnerships are one of “the hottest” topics in Albania at the moment for their wide application and the problems related to them. In recent years, Albania is increasingly using these forms of Public-Private cooperation, to help to develop the country both in terms of infrastructure and services. Due to the great importance of their application, national political actors and international bodies are becoming more and more alert to the problems that these forms of cooperation are showing, in order to be able to solve the most acute and immediate problems in this direction, also in the framework of membership of Albania in the EU. For this purpose, this paper analyzes some aspects of the legislation and operation of PPPs in the country in a comparative view with the legal framework of the EU and some European countries. In this paper, are used several scientific methods such as the analytical, comparative and data collection methods also taking into account the primary and secondary sources. The conclusions and recommendations of this paper are related to the positive evolution that this institute has already had and should have in Albania in terms of legal regulation and increased transparency of PPPs procedures, but also to the problems that appear in relation to corruption in tender procedures, the weakness of institutions, the lack of the capacity of the PPC and the Administrative Court to deal with the large number of appeals in this field, etc. How to cite: Kau, R., & Veliu, S. (2023). Reflections on some aspects of how the public-private partnerships are building the country: The Albanian case in a comparative view. Jus & Justicia, 17(2), 107–124.

https://doi.org/10.58944/fzyj6962

By, PhD(c) Vanni NICOLÌ

Abstract

This article aims to demonstrate the double link between democracy and free elections. There must be free elections in a democratic country; free elections are a fundamental point of democracy. Academic literature has demonstrated the existence and importance of this link. In particular, this paper examines the cases of Tunisia and Algeria with an analysis of their latest national elections and the adoption of their latest Constitutions. This examination will follow a comparative method through a micro and macro-comparison analyzing the legislative and constitutional changes in the two countries and their comparison with the Islamic political system and the constitutional model of the French Fifth Republic that influenced the institutions and constitutional productions in North Africa. The limitation coming from this work may derive from producing an analysis anchored in European political and legal values. The analysis takes into account the peculiarities of the Islamic world and relies on universally recognized values that identify and characterize a democracy. Finally, the investigation of the link between these two institutions seeks to understand a relevant thing. The presence and circulation of constitutional models without a solid democratic political foundation cannot succeed. We witness in these countries an abuse of the French system that renders them incapable of intercepting and accommodating their populations’ demands for freedom. How to cite: Nicoli, V. (2023). The double relation between democracy and free elections: The Tunisian and Algerian cases. Jus & Justicia, 17(2), 23–42.

https://doi.org/10.58944/qngv1432

By, MSc. Vasilika LASKA

Abstract

One of the main problems of Albania since the overthrow of the communist dictatorship and the beginning of the transition in 1991 has been the consolidation of a functional constitutional democracy. Having a functional and applicable constitutional order by all institutions and mechanisms has been a significant challenge for Albania. Political parties are one of these mechanisms or vital elements in maintaining and improving the constitutional order in Albania. In democratic regimes, political parties continue to be the most important bridge between the state and the mass of society. Political parties are the institutions that hold the position of a political leader in society, and democratic states cannot survive if they do not have political parties that fulfill their functions in consolidating, preserving, and improving democracy. The object of this study will be political parties in Albania and their role in the consolidation or not of the constitutional order during the period of democratic transition. In this study, the three main parties in Albania are taken as case studies, namely the Socialist Party of Albania, the Democratic Party of Albania, and the Socialist Movement for Integration. How to cite: Laska, V. (2023). The role of political parties in the constitutional order in Albania. Jus & Justicia, 17(2), 75–92.

https://doi.org/10.58944/xhuc6885

By, Adela DANAJ, PhD, Assoc. Prof. Dr. Ervis ILJAZAJ

Abstract

This paper provides an overview of the challenges and dynamics surrounding the democratic transition and corruption in Albania over the past 30 years. It highlights the persistent issues of corruption, clientelism, and state capture within the country’s political landscape. Despite continuous reports from international entities and a growing concern regarding democratic developments, the road to European membership remains arduous. The influence of the same political elite and the re-election of corrupt leaders have contributed to the perpetuation of these issues. The prevalence of clientelism during electoral seasons has further complicated matters, with voters often prioritizing personal benefits over national-interest projects. Clientelism and clientelistic relationships put democratic instruments in jeopardy. In post-communist states, political science has had mixed success in discovering strategies to combat clientelism and ensure free and fair elections. In a post-communist society, the relationship between corruption and electoral responsibility is yet unknown. As a result, corrupt politicians continue to get elected over time. This theoretical paper presents a new technique for boosting citizen awareness about the existing situation of corruption and punishing corrupt politicians through voting. The breakdown of clientelistic links based on distributive advantages from rival political parties to citizens is at the heart of this strategy, as is developing a sense of belonging to a political grouping based on shared values and aims. How to cite: Danaj, A., & Iljazaj, E. (2023). Unveiling the perils – addressing clientelism and corruption in post-communist Albania through enlightened civic engagement and electoral accountability. Jus & Justicia, 17(2), 7–22.

https://doi.org/10.58944/qkuk2129

By, Dr. Abla XHAFERI

Abstract

The state is present in every activity of a country. It controls, regulates, supervises, authorizes, or prohibits illegal and useless activities. The main purpose of the state is to maintain order and stability in society. From Antiquity until today, it has existed in different forms, which have been reflected by philosophers of different periods. Plato recognized forms of the state: aristocracy, timocracy, plutocracy, democracy, and despotism. For Aristotle, the forms of the classical state were a monarchy, aristocracy, and democracy, which could end in tyranny, oligarchy, and polity, respectively. Even Montesquieu classifies the above three forms, which can end in despotism. The meaning of the form of the state includes the form of government, which expresses the principles and the way of organization of the higher bodies of the state; the form of political rule, which is determined by the system of methods of its realization and the form of state organization, which is determined by the principles of the territorial construction of the state. The dominant forms of government have been monarchy and republic. Monarchy is a state ruled by a single person (monarch, king, or emperor). Monarchy appears in absolute, constitutional, or parliamentary forms. The republican form of government represents the direction of the state by an individual or a collective. In ancient times, republics were democratic or aristocratic, while today republics are parliamentary and presidential. In parliamentary republics, the head of state is elected by the parliament and has fewer powers, while in presidential republics the president is elected by the electorate and has greater rights and powers. Some other forms of governance have also been applied, such as the minimal state, in which the individual should enjoy as much freedom as possible and the state should be limited only to protection against violence, fraud, theft, guaranteeing the implementation of contracts; the developing state, whose role is to intervene in economic life to promote industrial growth and economic development; the social-democratic state, which intervenes only to make social restructurings, to mitigate the inequalities and injustices of the free market; the state of the dictatorship of the proletariat, which controls the entire economic and social life of a country, it is comprehensive and influences every aspect of human existence. The type of state is determined by its economic-social base. The state is classified into a state of slavery, a feudal state, a bourgeois or capitalist state, and a socialist state. The real functioning of a state also requires the implementation of some requirements to be effective, to move away more and more from the features and indicators of a weak state, and, therefore, also failed in fulfilling its historical mission. How to cite: Xhaferi, A. (2023). Existing forms of the state and its types. Jus & Justicia, 17(1), 118–127.

https://doi.org/10.58944/uzsf9078

By, Renata KAU, PhD The family is considered in most cultures as the main pillar of the society. Today more than ever, with the advance of progress and the complication of the social structure, the family is at the center of heated debates, between those who would like it to remain rigid in its traditional form and those who would like it to be more flexible and open to protect anyone. Meanwhile, everywhere in the world, legislation in the field of family law is undergoing to a continuous change in the face of this social evolution, which today more than ever openly demands the rights of its individuals. This change in some places is more coherent and faster, in other places slower and static. Although for most people the family is very important, and it can hardly be seen beyond the traditional forms we are used to, perhaps today we should recall that famous Latin proverb “Coniunctio animi maxima est cognatio” and reflect. The book “Family Law Through Practical Cases” edition of 2022 of the Mediaprint publishing house of the well-known Professors Arta Mandro & Juelda Lamçe, comes as an excellent practical manual of the family law in the context where this field is undergoing to very important transformations of its institutions. The work is the result of the combination of the long academic and practical experience of its authors, who enjoy an indisputable prestige in the field of family law, as experts in the field of children’s rights, mediation, gender equality, and non-discrimination, as well as in the field of international law. How to cite: Kau, R. (2023). Family law through practical cases. Jus & Justicia, 17(1), 137–140.

By, Dr. Anjeza XHAFERAJ

Abstract

The parliamentary elections in Albania took place on 25th April 2021 and they were won by the Socialist Party. Even though elections took place during the pandemic, the pandemic itself had a minor impact on the process. With the exception of making compulsory a two-week quarantine for those entering the country and thus making it impossible for the Albanian emigrants to cast their vote, the election campaign was organized similarly with the preceding campaigns without concerns for social distancing. The real change which eventually influenced the campaign was the change in the electoral law from closed to open list. For the first time, the party and the party candidates pursued different strategies. In addition to the official campaign, there was an underground campaign with vote buying and exercise of influence which aimed and achieved to transfer votes from the top of the top of the list to candidates in the middle or even lower part of the list. This made possible to observe and understand the internal conflicts within the parties. How to cite: Xhaferaj, A. (2023). Open Season – Elections During Pandemic in Albania. Jus & Justicia, 17(1), 89–106.

https://doi.org/10.58944/umru4599

By, MSc. Bledar Dika

Abstract

Looking at political representation in the norms and provisions established or positioned in the legal order, we can say that the Albanian legal order contains norms that try to preserve the autonomy of each representative, which formally positions political representation as a situation of representativeness. The legal order also contains norms which, starting from the idea of a permanent relationship between the representatives and the represented, discipline the moments and ways through which these relationships connect the representatives with the represented. However, political representation beyond the relational dimension must be manifested above all in terms of the representation of national unity and sovereignty. Only in this way can political representation enter into symbiosis with the very concept of the State of the right to guarantee subjective rights beyond sectoral or corporativist influences. In this sense, the institution of banning the mandatory mandate is sanctioned in positive law, as one of the fundamental principles of contemporary constitutions. However, the political-juridical reality has been able to establish this principle not only through strictly political behavior but also through normative corollaries. This paper aims to highlight the constitutional and legal moment in which political representation is located. To highlight how political representation approaches positive law when it tries to relate both to the representative and “popular sovereignty”. Finally, the paper manages to conclude in critical terms on political representation, on its relationship with the represented subjects, and its bias in favor of political parties and their leadership. How to cite: Dika, B. (2023). Political representation in positive law. Jus & Justicia, 17(1), 128–136.

https://doi.org/10.58944/liiw6328

By, Eriklenta YMERI, MSc

Abstract

Management and administration of a state are important functions to ensure security, protection, and shape environments where peoples of a country live. Depending on the context, various institutional design options have served as basis for governing a country. In democratic societies, three main institutional design options for a country’s governance are observed. The first institutional design option is Parliamentarism, where main officials mandate originates from an electoral system. The second is Presidentialism, where citizens can select directly by the vote the Parliamentarian/ Congressman and the President through different election processes. The third is Semipresidentialism, where there is more integration of the different branches, and the executive and legislative aren’t so strictly separated. This abstract gives a snapshot in the current year, about the main powers of the Presidents across Europe, by analyzing  the exercising of power of the Presidents that is at an extent is influenced by the election procedure, whether the President derives from the election of the members of the Parliament or by electoral vote of the citizens. This article provides an overview of the features of the key institutional design options in a country’s governance, with a view on the role and merits of Presidents versus types of institutional designs. At the same time, it contributes to raising consciousness about reforms needed in the current governance system, and setting priorities for choosing the institutional rules. The research method used for the purposes of writing of this article, is secondary research. This has involved review of various external sources from a variety of channels. Format sources reviewed have included published datasets, reports, articles, other. The analytical framework covers the following data sets: political systems, regime types, economic freedom, government defense integrity, freedom in the world, corruption perception index. The results indicate for a potential correlational relationship between the governance institutional design and level of development of a country. Data gathered shows that presidentialism and semipresidentialism are prevailing governance systems. But parliamentarisms countries, tend to perform better in national sectoral assessments. Presidentialism’s or semipresidentialism countries, perform lower and, usually poor, in what is assessed as quality governance, and democratic regimes. How to cite: Ymeri, E. (2023). Presidents in parliamentary democracies. Jus & Justicia, 17(1), 48–69.

https://doi.org/10.58944/fpsd1338

By, Assoc. Prof. Dr. Enkeleda OLLDASHI, Roden HOXHA M.Sc.

Abstract

In the latest and current attempt to solve the 30-year-old problem of the process of restitution of the rights of former owners in Albania, the Government has implemented a new methodology of evaluation of properties to be compensated. However, despite the remedy being in place for more than 6 years now, the domestic authorities have failed to materialize their predictions, with most intermittent deadlines having been missed, due to poor initial planning, numerous delays in implementation, poor execution, as well as necessities in amending the law. At the same time, these delays, especially the Government taking more than a year and a half to institute the necessary amendments to the law, pursuant to the findings of the ECtHR and Constitutional Court, have also put at risk the implementation of the law as a whole and the missing of the final deadline of 2026, for the finalization of the process. How to cite: Olldashi, E., & Hoxha, R. (2023). Property rights in theory versus practice: The current process of evaluation and compensation of property in Albania. Jus & Justicia, 17(1), 70–88.

https://doi.org/10.58944/dvwq3667

By, Assoc. Prof. Dr. Jordan DACI

Abstract

The constitutional powers of the President of the Republic of Albania for setting the date of elections and the review of the presidential decree for setting the date of the elections had never tested the constitutional system of Albania as in the case of the local elections of June 30, 2019. Indeed, not only did the country’s constitutional system fail to properly address all the constitutional issues that were raised, but also the Venice Commission failed to play the expected role as an independent constitutional expertise body and ended up in being a politically correcting expertise body. Nevertheless, away from political discussion and rhetoric, the constitutional analysis of the President’s constitutional power for setting the date of election and the revision of the respective presidential decree constitute important constitutional issues that soon would test again our constitutional system. Thus, the aim of this paper would be an exhaustive analysis of these two constitutional issues along with other basic constitutional issues that are crucial in understanding the entire picture such as theoretical discussion of the basic notions of a legal system such as legal values, legal principles and legal norms, the interpretation of norms, normative acts, etc. This analysis will also include a comparative study between several countries that have a similar constitutional framework. How to cite: Daci, J. (2023). The constitutional powers of the president of the republic for setting the date of the elections and the review of this presidential decree for setting the date of the elections. Jus & Justicia, 17(1), 7–20.

https://doi.org/10.58944/lgcu2119

By, Assoc. Prof. Dr. Juelda LAMÇE This edition of Jus & Justicia Scientific Journal is dedicated to the academic debate on the role and powers of the President of the Republic while exercising the relevant functions in different forms of government. Constitutionally or legally provided powers, limitations, and related implications in presidential, semi-presidential, or parliamentary forms of government vary significantly. The relevant responsibilities and constraints under constitutional provisions define a crucial position in the local and international environment, guarantying democracy, development and peace. The role of the President in assuring political and institutional balances – such as interacting with legislative and governmental bodies, exercising of veto power, government formation and termination of foreign policy powers, etc. – is related not only to the country’s institutional framework but also to personality features. The position of the President of the Republic might be “stronger” in times of crises or “weaker” in stable situations. That requires the attention of political and constitutional actors for a critical approach to the check and balance principle and to a solid constitutional architecture. In most European countries – where a parliamentary republic form of government prevails – the role of the President of the Republic is a ceremonial one with limited effective powers. In the quality of the guarantor of the Constitution, the President of the Republic is generally considered the embodiment of the unity of the nation acting super partes. Eventual limits on presidential powers under the guidance of the Venice Commission opinions, involving the attempted impeachment procedure – as recently occurred in Albania, – demand an in-depth and critical analysis of factors, that may lead to such events, so as to prevent eventual abuse of powers and preserve democracy. Reference is made as well to recent constitutional events in Albania and the critical stances of international bodies (OSCE/ODHIR) towards the presidential activity during elections, to the campaign of the President against the ruling party, to the language or active interference with other state bodies activities, etc., which call for a responsible exercise of the, limited as they may be, presidential powers, in accordance with the constitutional spirit and provisions, but most of all to exercise his powers in order to meet the Albanian citizens’ expectations (Albanian Constitutional Court Decision No. 1 date 16.02.2022). As sustained by academic contributors in this edition, a reduced role of the President of the Republic confronted to previously recognized powers, is revealed. This leads to an essential need to guarantee the separation of powers and prevent their conflict. The fact that the presidency is held by a party other than the ruling majority may appear to be beneficial to the balance and division of powers. Whereas strong political figures and protagonists covering the position of the President of the Republic may risk devolving into constitutional conflicts, and jeopardize the constitutional relations that should exist between constitutional bodies. In this context, the President cannot be expected (or required) to be more active or dominant in political decision-making processes. According to another approach, the functioning or non-functioning of political and institutional systems in democratic order are subject to geographical and cultural domains. Authentic endeavors in finding appropriate solutions are an imperative of the time. On the other hand, institutions are not subject to universality. Thus, in times of values crisis and repositioning of state hierarchies in relation to society, it is mandatory to apply an “ad hoc doctrine”, to provide solutions to the balance between constitutional bodies, including the Head of State.

By, Dr. Sofjana VELIU, Dr. Diana BIBA

Abstract

In this article, we will try to highlight the figure of the President in the 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 the 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. How to cite: Veliu, S., & Biba, D. (2023). The role and legal position of the president in the Republic of Albania. its relationship with other constitutional bodies. Jus & Justicia, 17(1), 21–30.

https://doi.org/10.58944/ddba7815

By, MSc. Besian ZOGAJ

Abstract

This paper aims to present the evolution of the role of the Head of State in the institutional and cultural context of post-communist Albania, especially in relation to his responsibility regarding the reasons of the state and as a representative and defender of the permanent interest of society (Schmitt, 1931). Dialectics and tension produced with majorities and Governments; the gradual erosion of the position of the head of state in favor of the executive; the effects on the political system and the ethical totality of the State, as well as the public opinion’s perception of the role of the Head of State (Hegel, 1998). From a theoretical stance, the various doctrines of the Theory of the State always make a clear distinction between the concept of the Head of State and the President of the Republic. Within this concept, we can distinguish the form of the state, the form of government and, as a result, the political and institutional power of the Head of State. In this context, based on a structuralist approach, in addition to the presentation of doctrine, facts and historical reasons, the article also seeks to present a perspective on the suitability of a strong or weak president in relation to the political-institutional framework as well as the hierarchy of values in their entirety. Can the democratic election of the President by the people be (re)considered or should the figure of the President be ultimately reinvented?! How to cite: Zogaj, B. (2023). The “Shrinking” role of the head of state during the years of transition. Jus & Justicia, 17(1), 31–47.

https://doi.org/10.58944/lesz7419

By, MSc. Gabriel RIGUETTI

Abstract

The main objective of this critical review is to evaluate how the concept of truth is interpreted and used by procedural doctrine. As a rule, based on common sense, legal authors mistakenly use the expression, which causes a phenomenon called Veriphobia. Seeking the contribution of epistemic concepts, in which the expression of truth has a character of mere propositional value, we will seek to give a new function of rationality to the term in the process. It is possible, from the link between a supposed “sick ambition for the truth” and violations of citizens’ guarantees and rights – as if the latter were a necessary prerequisite for achieving the former – to find the most varied examples that demonstrate the inconsistency of existing terms and concepts in the debate. I will face, fundamentally due to the limitation of the present study, only two of them, however, the adopted logic can be transferred to the others without major damages. The objective, in fact, will be to demonstrate that, despite the legitimate concerns with procedural formalities and guarantees, the idea of searching for the truth seems quite distorted by its opponents. How to cite: Riguetti, G. (2023). “Veriphobia” and process: After all, we must still be old-fashioned purists. Jus & Justicia, 17(1), 107–117.

https://doi.org/10.58944/jjsv9652

by, Prof. Asoc. Dr. Juelda LAMÇE

Editorial

The comprehensive process of reorganizing and reforming the judiciary as part of a deep reform of the justice system in Albania, culminated with the constitutional and legal amendments in 2016, aiming at reorganizing and fostering the newly established as well as existing justice institutions in order to increase public confidence in the justice system. The proposal for a new judicial map by the High Judicial Council and Ministry of Justice is part of such ongoing reforming efforts. The newly-organized map is expected amongst others to lead to the closure of several first-instance general jurisdiction courts, administrative first-instance courts, and appeal courts.

by, Assoc. Prof. Dr. Shefqet MUÇI

Abstract

One of the primary tasks of the Albanian state during the post-communist transition remains justice reform in its two main pillars: new legislation and justice bodies with new qualifications and mentality. Its purpose is to increase the independence of the justice system and strengthen it in terms of professionalism, efficiency, impartiality and honesty of judges and prosecutors in fulfilling their duties. For study purposes, we have divided the reform in post-communist justice into three-time phases, depending on the profound constitutional changes: 1991-1998, 1999-2016, and 2016 onwards. The first two stages are treated mainly in their historical way. This topic deals with the reflection of the results of this reform, the effects so far in achieving the goal for which it is developed. How and to what extent have the bodies of the justice system been cleaned out corrupt judges and prosecutors? Is their independence, impartiality, and professionalism been achieved? In this regard, the study captures the changes in legislation, the structure of the system, the efficiency of the new era, the obstacles and shortcomings of the reform, the views of political forces and experts on its development, the contribution of our international experts and partners who strongly support morally, legally and financially, as well as other problems that serve the normal course of the justice reform. Finally, in the paper, criticism, opinions and suggestions are given to avoid shortcomings and lead the reform to the required objective. How to cite: Muçi, S. (2022). Justice reform during the transition and its progress. Jus & Justicia, 16(2), 40–51.

https://doi.org/10.58944/upqs2960

by, Av. Saimir VISHAJ & Mag. Dr. Besnik MAHO

Abstract

This paper will be presented a comparative picture of the norms of criminal substantive law intertwined in the Code of Criminal Procedure and the harmonization they carry with the Constitution of the Republic of Albania. Domestic violence is a disturbing element that we face daily as a society. The peculiarity of this criminal offense figure is the fact that both the perpetrators and the victims have an active role in terms of the realization of this criminal offense. Based on the most developed European countries’ legislation tradition regarding this criminal figure, in 2006 the law on domestic violence was adopted. Based on the judicial jurisprudence, the problems that have been identified in this area have gaps and leave room for many discussions. It is noted that the norms of the Criminal Code do not find an adequate approach to combat this phenomenon in all dimensions. Often there is an internal conflict between norms, where being or not being part of a family affects the coercive measure, losing the re-educational function which is expressed in the Constitution. An ongoing key role remains for the legislator, social operators, individuals, and not only, to take initiative and address the competent bodies to update this criminal figure provided by the Criminal Code. Also, an important role in preventing and reducing this phenomenon plays not only the legislator but also the social media as a whole with the force of development. How to cite: Vishaj, S., & Maho, B. (2022). Domestic violence in Albania. Jus & Justicia, 16(2), 93–111.

https://doi.org/10.58944/iwpr5055

by, Renata KAU, PhD & Dr. Jonida GJIKA

Abstract

Justice reform in Albania dates back to 2014 and it is still in progress. It has the scope to reform the justice system by affecting all aspects of its organization, functioning and administration in order to strengthen and increase the independence of the justice system in Albania. Among other things, this reform approved Law 38/2017 on some additions and amendments to the Civil Procedure Code of the Republic of Albania, which aims to improve the access to justice, the adjudication of cases within  a reasonable time and the non-delay of cases. In fact, the innovations of this law are numerous, so for this paper it has been selected to analyze an institute which from the point of view of the authors is important such as the Lis Pendens. This institute aims to regulate a situation of simultaneous pending of two proceedings with the identity of the parts, object and title that have been brought before the courts of different states. The Albanian Civil Procedural Code lacks a proper definition of international Lis Pendens, but it is regulated lately in the provision of article 38 of this code, which by law no. 38/2017, has undergone relevant changes, to be object of analysis in this article. These changes are in line with those in the European legislation. Therefore, object of our analysis will be also the problems in the judicial practice regarding the competence of judges which brought the need for changes in the European discipline of Lis Pendens and were disciplined in the EU Regulation no. 1215/2012, which for the first-time regulated cases of litigation between Member States and third States. Finally, will be analyzed the effects of these changes in the international context and the impact they will have on the Albanian civil process. How to cite: Kau, R., & Gjika, J. (2022). Lis Pendens in the Albanian civil procedural code in the light of the European legislation. Jus & Justicia, 16(2), 69–80.

https://doi.org/10.58944/oaeq8412

by, Assoc. Prof. Dr. Juelda LAMÇE & Av. Msc. Arbesa KURTI

Abstract

The family is one of the most important institutions of our society, which has been given a special protection in national and international acts. In 2004, the Family Code entered into force, providing a set of legal norms for the regulation of relations between spouses, cohabitants, parents and children. In addition to these norms, there were also provided provisions which regulate the resolution of other disputes within family relations. Due to social, political, cultural and technological changes, affected as well by Albania’s long transition since 1990, the core of the family has been challenged, affecting the increase of disputes and the number of cases presented to the courts. On the other side, the vetting process in Albania has led to a backload of cases, most of which are civil procedures. Recently, the High Judicial Council has taken the initiative to create a new judicial map, which will lead to the reorganization of the judicial system and the reduction of the number of district courts and courts of appeal. This reorganization and reduction of courts will also affect the resolution of family disputes, especially of those who are vulnerable, in economic difficulties, minors, individuals with disabilities, limiting de facto the right to access the court. In order to provide a complete picture of the effects that the new court mapping may have on resolving family disputes, this paper will analyze the Albanian legal framework, related case law and the challenges that have been encountered so far. It will focus as well on the doctrinal debate, giving concrete recommendations to the revision of the draft report on the new judicial map. How to cite: Lamçe, J., & Kurti, A. (2022). The effects of the new judicial map on Family Disputes Resolution. Jus & Justicia, 16(2), 28–39.

https://doi.org/10.58944/ukdd7263

by, Mag. Florjan KALAJA

Abstract

This paper aims to analyze the Constitutional dilemma on the immediate return of the lawsuit. Since 2001, the third paragraph of Article 154 / a of the Code of Civil Procedure provides: ‘’ When the lawsuit does not meet the conditions mentioned in this chapter, the judge returns it to the plaintiff at the time of its filing or he is notified in writing of the completion of the deficiencies and, after the filing date is indicated in the lawsuit, a deadline is set for filling in the gaps. Until this date, the lawsuit remains without action. “ In as specific case the Court of Appeal decided to immediately return the request for the issuance of an execution order, concluding that the request had not fulfilled the elements of the respective accompanying documentation as required by Articles 154 – 156 of the Code of Civil Procedure. Through this interim decision it was asked the Constitutional Court to repeal the legal provision that legitimizes the court to immediately return the lawsuit 2 . To our opinion the third paragraph of Article 154 / a of the Code of Civil Procedure, in the part that provides “returns to the plaintiff at the time of its submission or”, is contrary to Articles 4, 17, 42 of the Constitution and Article 6 of the KEDNJ. In similar case, to my personal experience, it has never been decided to immediately return the lawsuit or the request, according to the provision of article 154 / a of the Code of Civil Procedure. The inconclusive decision-making of the return of the request or lawsuit, in my case law, was preceded by the intermediate decision-making of ascertaining the procedural shortcomings of the procedural act and was further accompanied by the non-fulfillment of judicial duties by the plaintiff. The same approach was held pe the author in the capacity of Assistant Magistrate in the High Court and further in the capacity of a judge of the Court of Appeal of Durres. How to cite: Kalaja, F. (2022). Constitutional dilemma on the immediate return of the lawsuit. Jus & Justicia, 16(2), 52–68.

https://doi.org/10.58944/rlzb3335

by, Evelina ÇELA, PhD

Abstract

Practice has shown that the western democratic legal systems have developed several alternative dispute ways for resolving disagreements between the parties other that national courts. The article aims to explore and highlight the differences between peaceful means of conflict resolution and to provide a clear framework of the necessity of their promotion and further development. Depending on the different jurisdictions of the states, the opinion regarding the duties, rights and obligations of the parties in the process of ADR is different between each of this means and different regarding the domestic courts. In most legal systems the role of the conciliator, arbitrator or mediator it is simply to try to bring the parties together. For example, the proposed possibility of arbitration to withdraw the disputes from the jurisdiction of national courts is extremely beneficial to investment attractiveness. All this led to the exponential growth of bilateral and regional agreements for the protection and promotion of foreign investment, where one of the main provisions is the possibility of transmitting disputes between investors and the state of international arbitration. The sources of the law of ADR lie in a number of international conventions, international model laws and model rules, and institutional rules. To these may be added domestic legislation, reports of awards and academic writings. An arbitrator or mediator is described as ‘a disinterested person, to whose judgment and decision matters in dispute are referred and must act in accordance with the rules of natural justice. Mediation practitioners point to a number of advantages which the mediation process has over the domestic court. In fact, it must be acknowledged that ADR usually takes place when at least one of the parties is unreasonable. Helping the parties to see the reason is a useful social role. The difference between this methods of resolving disputes would be so that the purpose of a conciliator, mediator or arbiter, would be to encourage the parties themselves to understand what benefits they can get from resolving the case out of court in which way they deem most appropriate. Historical scientific methods are used in this research. The theory part it is presented with concrete cases from practice of both judicial and non-judicial ways of resolving conflicts, logical system, method of analysis and synthesis. In this paper as well are used formal-legal and comparative-legal methods. The writing is guided by the provisions of the conceptual theory of international arbitration law and domestic law. Research methods were used, of simple presentation of facts to argue the concrete point of view and the characteristics of the clarification of this research. How to cite: Çela, E. (2022). ADR and domestic courts in Albania. Jus & Justicia, 16(2), 112–123.

https://doi.org/10.58944/hylg6654

by, Dr. Blendi LAMI & Prof. Dr. Kristaq XHARO

Abstract

Many scholars of international relations estimate that capacity-building of national power has significant impacts on the behavior of states, while its their absence directly affects the capacities of national power, hence the weight of a country in the international arena. For a small country, the magnitude of power is compared to relations with neighboring countries or even a little more in the region, but without going further. It is the obligation of political elites to evaluate and influence the capacities of national power. The fact that many lecturers mention the concept of ‘sovereignty’ while conventional sovereignty (at least the aerial and naval spaces) fail to secure even with minimal power capacities and turns the discourse of leaders into momental behavior. Without power capacities (economic, military, moral-political), a country can only be as a ‘sovereign without sovereignty’. For all above, we have presented few reflections to national power, its role and perspective. The goal is to emphasize that national power is essentially for the interests and vitality of the nation on the present and the future. It is not the aim to exhaust the concept, but to sensitize objective reflections about the opportunities and the need for a comprehensive analysis. Further, it can be a major national project, encouraging contributions by researchers, experts, analysts and leading elites into political tactical and operational level and dynamic unity at a strategic level. How to cite: Lami, B., & Xharo, K. (2022). National Power and Political Elite Behavior. Jus & Justicia, 16(2), 81–92.

https://doi.org/10.58944/ctal1902

by, Mag. Dr. Besnik MAHO

Abstract

The justice reform that was crowned in our country with constitutional and legal changes in 2016, aims to reorganize existing institutions in the field of justice and establish new constitutional institutions that aim to increase public confidence in more effective justice. One of the main normative acts that are part of the justice reform in Albania is the adoption of law no. 98/2016 “On the Organization of the Judiciary in the Republic of Albania”, which provides, inter alia, the approval of the new judicial map, based on the criteria and principles of territorial distribution of courts of general jurisdiction, courts of appeal and special courts, including administrative courts. Based on this normative act, it turns out that the new judicial map has not been finalized yet, which is approved by the Ministry of Justice in cooperation with the High Judicial Council. Related to the content of the new draft judicial map in the discussion process, the question that arises is whether “out of 22 courts of general jurisdiction of the districts, including six administrative courts of first instance, including six courts of appeal of general jurisdiction, which are supposed to be reorganized. in 12 courts of general jurisdiction, two administrative courts of first instance and one court of appeal of general jurisdiction “would it be a real opportunity to increase the quality of judicial activity, within a fair legal process? There is a postulate in jurisprudence that is “delayed justice is denied justice”. Based on this postulate, the new judicial map has urged the debate regarding the fact that the resolve of court proceedings as soon as possible, as well as the unification of case law due to the centralization of courts, should not jeopardize access to the parties and interest group for a fair and public process by a competent, independent and impartial tribunal established by law. The lack of resources in the judiciary, due to the vacancies with judges and prosecutors that are currently being created at all levels of the justice system, cannot serve as an excuse for the concentration of courts through a new judicial map without analysis of other social and economic factors, which, as we analyzed above, directly affect the delivery of a more efficient and effective justice than what we currently have. How to cite: Maho, B. (2022). Approval of the new judicial map: A priority of the Albanian Justice Reform. Jus & Justicia, 16(2), 7–21.

https://doi.org/10.58944/qxwe1334

by, MSc. Besian Zogaj

Itroduction

“The years that await upon us can either be a time of loneliness and oblivion for Kosovo or a time of great opportunities. Because this is the time when taboos and rules are broken ” This is the opening remark that sets the inception of Enver Hoxhaj’s confession, in the light of new developments and questions that imply the ‘great clash’ between the West and Russia. The author Enver Hoxhaj is the longest-serving Foreign Minister of the Republic of Kosovo, as well as a protagonist of many occurrences that have conveyed the freedom and independence of Kosovo and an essential set piece of the still active professional political elite that was produced by the 23-yearlong journey of building the state of Kosovo.

by: Dr. Abla XHAFERI

Abstract

The Eastern crisis is an early issue. It is based on the clash of interests of the great powers in the territories of Southeast Europe. Its return to the nineteenth century came due to the weakening of the Ottoman Empire and the resistance of the peoples who were under this empire, as well as the growing interests of the great powers of Europe. Germany appeared in the Near and Middle East, which affected the interests of France, Britain and Russia. It entered into agreements with Austria-Hungary, Italy, and then Turkey, while France made alliances with England, Russia, and the United States. Under the Treaty of Kainarja, the Ottoman Empire was forced to relinquish part of its possessions. With this treaty, Russia for the first time secured significant territorial gains, which provided it with access to the Black Sea. These would then inevitably lead to its empowerment. Georgia in this period was a battlefield according to the interests of the Ottoman, Russian and Persian empires, but also of other great powers, such as Britain, France, etc. A series of Russo-Turkish wars for territory took place. Behind them, what benefited most, was Russia, which annexed Georgia, while Turkey Islamized the population of the lands in possession, part of which later emigrated to the Ottoman Empire. How to cite: Xhaferi, A. (2022). Eastern crisis and Georgia. Jus & Justicia, 16(2), 124–132.

https://doi.org/10.58944/xegc2970

by Assoc. Prof. Dr. Juelda LAMÇE

Abstract

Dear readers, I am honored to present the 16th edition of the academic journal Jus & Justicia. The journal, founded in 2008, is published twice a year by the Faculty of Law, Political Sciences, and International Relations at the European University of Tirana.I want to express my gratitude to all the colleagues, previous Editors in Chief, Prof. Dr. Ksenofon Krisafi, Prof. Dr. Migena Leskoviku, Prof. Dr. Xhezair Zaganjori, members of the Editorial Board, authors, and peer reviewers, whose contributions have brought a significant impact to the journal. During these past 14 years, Jus & Justicia has grown substantially, aiming to join the international academic debate. Since 2020 it has published articles only in English. As an interdisciplinary journal, it promotes cutting-edge insights into, contemporary legal and political developments. The journal provides a platform dedicated to facilitating the exchange of original works and ideas. The editions published so far have been focused, but not limited to, on post-communist transition, local democracy, constitutional dilemmas, the interaction between the law and society, international diplomacy, justice reform, and recent developments in human rights.

by Assoc. Prof. Dr. Ilir KALEMAJ

Abstract

Albania has undertaken decentralization reforms at least in two separate instances in the post-communist period. The first was in the late 1990s and the second with the territorial reform of 2016. Although the focus of the first was to bring Albania in line with the European Charter of Local Self-Government and the second officially to have a more effective governing of the territory, the real decentralization of power has not taken place. This is not so much because of the lack of proper legal framework or the necessary constitutional changes but mostly because of a lack of real political will to delegate power to subsidiaries, to empower municipalities, and to create the basis for actual autonomy of the local authorities. How to cite: Kalemaj, I. (2022). Territorial reform and lack of real decentralization in Albania. Jus & Justicia, 16(1), 7–18.

https://doi.org/10.58944/dwng1333

by Aurora Ndreu LLM Ph.D.

Abstract

The territorial-administrative reform determines the changes in the administration because of territorial changes. These processes aim to increase overall capacity of public sector administration, through the creation of local communities with strong autonomy, capable of having the necessary capacities and means to encourage local development in all its aspects. Every reform process must meet criteria such as the existence of the political will, without which it cannot be fulfilled, changes in legislation, discussions at the regional level as well as support from external factors. In our country, the need to apply such a reform came as a result of various factors, such as: demographic changes, large fragmentation of local government units, lack of efficiency in providing services, inequality in local revenues, etc. This paper will show the evolution of administrative-territorial reform in Albania, the history, the reasons behind a new one and the problems. How to cite: Ndreu, A. (2022). The territorial-administrative reform in Albania. Jus & Justicia, 16(1), 19–32.

https://doi.org/10.58944/vtvw2518

by Dr. Sofjana VELIU & Dr. Jonida GJIKA

Abstract

The purpose of this article is to file the administrative-territorial reforms, conducted by Albania Republic, in a comparative point of view with some other countries, especially with Kosovo Republic as a result of their past. Looking at the historical evolution of reforms in these countries with different local governance systems, and analysis of the latest developments will give us a deeper knowledge about the topic. This comparison would address reforms of the political bodies of local government (such as those relating to political accountability and decision-making in local government), with regard to administrative structures, because only by looking at both sides of the currency of the local government can we get a complete picture of the changes and improvements to be made. The decentralization process and reforms, as well as the territorial and administrative reform (TAR) and its effects in the country, were subject to extensive debates among experts and the media, especially during last years .Comparison aims at providing knowledge about the terminology and concepts used in the comparison of countries and characteristics of each country in connection with the territorial administrative reforms carried out, followed by a reformation of the local government. This treatment is based on the legal framework of local government, taking a look at its changes over the years, analyzing and decentralization strategy. The article offers concrete conclusions based on the performance of this multilateral process and its implementation in local units of state. How to cite: Veliu, S. & Gjika, J. (2022). Local Government in Albania and Kosovo: Comparative overview. Jus & Justicia, 16(1), 33–45.

https://doi.org/10.58944/bjgt2283

by Dr. Blendi LAMI & Prof. Dr. Kristaq XHARO

Abstract

Recent changes in the world order have modified the behavior of small states. The current structure of international system nowadays greatly influences the foreign policy of a small country. Albania as a small state has shown the first signs of adaptation to this new context. The power vacuum in international politics as no country or group of countries has the political and economic leverage to drive an international agenda or provide global public goods is the main factor leading to some recalibration in foreign policy agenda. This essay suggests that the new format in international relations has dictated a new strategy on foreign policy. A pivot state, as referred in the study, shows flexibility not only to survive but also benefit from the current system. The results of this study show that Albania, exposed to these changes, has taken steps towards a new foreign policy agenda. Having healthy relations with the US, guiding the country towards membership in the European Union, strengthening ties with Turkey or opening the door to large investments from the UAE are creating momentum for this move towards a pivot state. How to cite: Lami, B., & Xharo, K. (2022). Acting as a pivot state. A new dimension for the Albanian foreign policy. Jus & Justicia, 16(1), 46–60.

https://doi.org/10.58944/ookz3458

by Florian ÇULLHAJ Ph.D.

Abstract

Fiat iustitia ne pereat mundus, literally ‘Justice must be done so the world may not perish’. It is a famous Latin proverb that forms the basis of modern jurisprudence. Both in the original version, ’Fiat iustitia e pereat mundus’, implying, ‘Let justice be done, and even the world may perish’ – and in our adjusted version, justice must be at the basis of human society, at least in a democratic political system. However, what kind of justice is most congruent with today’s pluralist democracy? The one is grounded on ethical intersubjective a priori mediation or directly applied justice regardless of its consequences. How can today’s democracy and comprehensive doctrines be compatible with negotiating pluralism and gaining stability within Albania successfully? To answer the above questions, in this article, we will use John Rawls’ response, introduced in his 1993 book Political Liberalism. Furthermore, another goal of this article is to elucidate the Albanian politician’s ethics outlook. In this regard, a set of fundamental questions arise here. For example, why do our politicians act as they do? Is there e proper political way to act? To cope with these questions, we will analyze Max Weber’s essay Between Two Laws to grasp the current Leader’s type of ethics. Weber’s classification of the ethic of conviction and ethic of responsibility, and to what extent he prescribes each ethic to the ‘ideal politician’, will be at the heart of this line of reasoning The article proceeds into four key sections — the first deals with assessing the Leader’s political ethics in current Albania. The second section provides a parsimonious classification of the current state of Albania’s democracy; the third section offers a short analysis of the Socialist Party government, both central and local, whereas the last part provides a solution for democratic consolidation through the empowerment of the Constitution. How to cite: Çullhaj, F. (2022). Justice, political ethics, and democracy. assessing two levels of government. Jus & Justicia, 16(1), 61–77.

https://doi.org/10.58944/thmv4921

by Dr. Gerti SQAPI & Dr. Klementin MILE

Abstract

The purpose of this article is to highlight the clientelistic strategies and informal practices that the ruling political parties in Albania use during the elections to ensure an unfair advantage in their favour over the opposition challengers. One of the main characteristics of the political developments of the transition period in Albania since 1991 has been the flourishing of informal practices and clientelist networks of political parties within state structures, which has produced an extreme politicization of these institutions. These strategies that in general terms we label as “clientelistic” and that have been used to a large extent by the incumbent political parties have had a direct negative impact on the conduct of free and fair elections in Albania by distorting their main goal: to reflect the will of the people. This is because such clientelist strategies, together with the informal practices/mechanisms that accompany them, have influenced the creation of an unlevelled playing field, and have produced a hyperincumbency advantage in the electoral contests between political parties in Albania. The case of the recent elections held in Albania on 25 April 2021 will be the empirical case of this study, in which are evidenced the electoral containment strategies and practices that the ruling political party used to provide an unfair advantage in its favour and to secure its grip on power. How to cite: Sqapi, G., & Mile, K. (2022). Holding “free and unfair elections”: The electoral containment strategies used by incumbent political parties in Albania to secure their grip on power. Jus & Justicia, 16(1), 78–92.

https://doi.org/10.58944/cyez2894

by Magj. Besnik MAHO Ph.D.

Abstract

The constitutional reform related to the system of justice realized in 2016 in Albania, was welcomed with a positive enthusiasm by all stakeholders, civil society, business groups, including the political class who voted for this reform unanimously. One of the goals of the implementation of this reform is not only the restoration of new justice institutions and the strengthening of existing ones but above all the re-evaluation of all judges and prosecutors who are part of the judiciary in three main aspects: – asset valuation, a background and integrity check to discover the links to organized crime and a qualification assessment. The total number of all judges and prosecutors in the Republic of Albania is over 800 subjects, starting from the courts of the first instance and the prosecutor’s offices near them to the Constitutional Court. The re-evaluation process is carried out by two new constitutional institutions that are established and function for a transitional period, the Independent Qualification Commission (IQC) as a first instance with a mandate of 5 years, and the Appeals Commission (AC) as a degree second with an 8-year term. How to cite: Maho, B. (2022). The revalution Proces in Albania during 2016-2021. Jus & Justicia, 16(1), 93–113.

https://doi.org/10.58944/tmih3396

by Dr. Abla XHAFERI

Abstract

The system of democracy and freedom has been the ideal of human society stretching from antiquity to the present day. The purpose of this paper is, through research, to reflect within the limits of an article the concepts and attitudes of philosophers and thinkers of different periods regarding these basic elements of social life. In Antiquity, Plato, Aristotle, and Pericles did not have the same attitude towards democracy and governance. Later philosophers like Hobbes and Locke did not conclude in favor of democracy. John Locke and many other philosophers also pointed out the danger that comes to the minority from the “dictatorship of the majority”. Montesquieu supported the position of governing the people through his representatives. Rousseau initiated the theory of sovereignty as the basic condition for the creation of the democratic state, while Carl Friedrich addressed the basic requirements of democracy. Democracy in itself means a certain form of leadership or government, which is carried out in the name and interest of the majority. Democracy guarantees and harmonizes the duties and rights of the individual with those of society. The system of democracy undergoes constant changes in response to the requirements of the time. But in a true democracy, no right of a majority can be absolute. Therefore, the rules of a fair democratic game must be respected and the minority must, in any case, be guaranteed equal rights and opportunities so that, in the future, through free voting, in principle, a majority can be formed. The system of Western democratic standards includes not only the formal declaration of the principle of people’s sovereignty but also the institutionalization of human rights and the creation of real conditions for the people’s wider and more effective participation in the running of their state. The experience of democratic life raises constant demands for the deepening of democracy, which involves very important problems. People’s relations with freedom have been and remain the subject of philosophical studies, about which different opinions have emerged. Spinoza did not accept the restriction of freedom of thought and speech. Loku divided it into natural freedom and freedom in society. For Montesquieu and Rousseau, freedom was the right to do everything lawfully. Kant linked the limits of freedom with the good of the general, while for Nicene, freedom is the will for the independence of unique thoughts on existence. Today’s freedom and human rights theories focus on inclusive participation in social life. How to cite: Xhaferi, A. (2022). Democracy and democratic freedom from a philosophical perspective. Jus & Justicia, 16(1), 114–127.

https://doi.org/10.58944/olyp9596

Dr. Sofiana Veliu

Abstract

In November last year (2021) Dr. Denar Biba promoted at premises of the European University of Tirana his book “human rights & CONSTITUTIONALISM”, a philosophical and legal analysis on human rights in general and their outline in Albanian constitutional law – under the logo of publishing house- UET Press. This book is introduced in a field of special interest such as human rights, when these rights from the global historical perspective, are becoming increasingly indispensable to be protected and guaranteed. An ambitious, multifaceted and interdisciplinary work is intended through this book which, although generally appears like a structure divided into two parts, (on one hand human rights and, on the other hand, their constitutionalisation,) all its chapters have a linking bridge between the two which in every respect complements each other’s meaning.

by, PhD Evelina Çela

Abstract

The concept of separation of powers was put forward by one of the most prominent representatives of the French Enlightenment, a prominent jurist and political thinker Charles Louis Montesquieu (1689-1755) to prevent the abuse of power and create conditions which “different authorities can mutually restrain each other. So, the topic of this paper it is the evidence of the current situation in Albania in terms of judicial institutions, legality, functional and practical importance in a democratic state and the functions they perform. The separation of powers has political and natural preconditions. The political reason for the separation of powers lies in the danger of the concentration of power by one body, in the need to control three independent powers over each other. Natural preconditions are necessary for the adoption of laws, their implementation, and the administration of justice. Thus, the legislature (Parliament) produces laws while the executive (government) implements the laws. Courts (Constitutional Court, courts of general jurisdiction, courts of arbitration) deal with specific cases to which other government bodies and citizens are parties. The article analyzes the main criteria, legal bases, and necessary conditions, consequences of the lack of judicial institutions and finally recommends the emergence need of the creation of an arbitration court as an alternative dispute resolution ADR, a tool widely used in developed democracies. A good justice system, both in the legal and organizational framework, in the civil field is an essential guarantee for the rule of law and respect for human rights. These rights take on legal value when the individual goes to a court that administers justice in a short period of time and in this way it creates trust in the public. A state with a well-organized justice system (where there are alternative means of resolving ADR disputes) for all spheres, be they civil, administrative, criminal or family, etc., is the main indicator for institutional reform, distribution of the burden enabling the delivery of justice on time and without delay. Above all, the individual has the opportunity to choose the means by which he will solve his problem. On the other hand, such a good organization would also enable the increase of work efficiency and the quality of the given judgments. How to cite: Çela, E. (2022). Judicial Institutions, ADR reform and their necessity in the Albanian reality. Jus & Justicia, 16(1), 128–138. https://doi.org/10.58944/ovro1288

https://doi.org/10.58944/ovro1288

By, Prof. Dr. Xhezair ZAGANJORI

Editorial

Jus & Justicia No. 15, Issue 2 is dedicated to students’ promotion in research activities in compliance with the scientific research’s strategic vision of the European University of Tirana. This edition is focused on contemporary debates on politics and international relations in the Western Balkans. In recent years, the Western Balkans region has witnessed a notable shift in power dynamics, as emergent powers have steadily increased their presence and influence. This development has significant implications for the internal affairs of the countries in the region and their aspirations towards European Union (EU) integration. As these emerging actors flex their muscles, it is crucial for both local leaders and EU policymakers to navigate this evolving landscape wisely and collaboratively. The rise of emergent powers, such as China, Russia, and Turkey, in the Western Balkans has been marked by increased investments in infrastructure projects, economic cooperation, and diplomatic overtures. On one hand, these engagements have offered some tangible benefits to the region, providing much-needed foreign direct investment and infrastructure development. However, on the other hand, it has raised concerns about potential dependencies, lack of transparency, and possible erosion of democratic values.

By, Alba ÇERMA

Abstract

National identity and values have been one of the most often studied topics among researchers in international relations throughout the years, from a variety of angles, especially in relation to European democratic ideals. The ideals at the heart of European Integration have been hotly debated in recent years as a result of some significant changes in EU governance. It is well known that European Integration is seen in a wide range of elements. In the first decade of the twenty-first century, the best approach to build shared values as a chance to hold European nations and citizens together and to support European public policy was through the expansion of the EU and the established constitution. The process of Albania’s European integration is a significant and ongoing component of the topic of European integration. Since June 1991, Albania has had a relationship with the European Union. In this topic, I’ve discussed the advancement Albania has made thus far in relation to the requirements it still needs to meet, the Balkan nations that want to join the EU, and Albania’s current status aspirations. Considering a country’s sovereignty, where sovereignty currently stands in relation to the European Union and its integration, and the relationship between European and National identity, the study of this topic modestly brings the interaction between national identity and values with European identity and European standards. How to cite: Çerma, A. (2021). National interests and identity in the face of the challenges of European integration. Jus & Justicia, 15(2), 41–52.

https://doi.org/10.58944/ylqs1764

By, Violeta META

Abstract

By means of this paper, will be highlighted the importance of the special judgment for the division of property, firstly analysing the ownership and co-ownership according to the Civil Code and the Family Code, the procedural side of this judgment according to the Code of Civil Procedure as well as the contradictions encountered in practice, regarding the special judgment. The basic characteristic of the ‘de quo’ trial, consists in the fact that it takes place in two stages, where each stage carries its own characteristics and importance. The focal point here will be on the jurisprudence of the Supreme Court, in relation to the importance that this court gives to the first and second stages. The purpose of this paper is to highlight the problems encountered in the judicial practice, in the judgment for the division of property, through the analysis of the alternatives that the expert makes available to the court and the evaluation of the court on the property subject to division. Also, part of the analysis will be the way in which are treated in the judgment for the division of the property, the immovable properties that are not registered in the public registers but are in the process of legalization as well as those that are not in the process of legalization. How to cite: Meta, V. (2021). Problematics of the Albanian legal framework in the division of Property. Jus & Justicia, 15(2), 71–87.

https://doi.org/10.58944/nslm6482

By, Dritan NAUMI

Abstract

The purpose of this paper is to analyze the importance of Albanian Law 49/2012 on the Administrative Court System, increasing the efficiency of resolving disputes of an administrative nature. The activity carried out by the Administrative Courts constitutes an extremely valuable activity in the judicial system by providing justice in various administrative disputes that require a quick and efficient solution. The methodology that will mainly be used in this paper is the qualitative one, bringing to attention some court decisions and theoretical debates on the innovation of the Administrative Court System in Albania. The hypothesis and research question will show us the novelties brought about by the creation of this Court as well as the actuality of its activity nowadays. The paper will also focus on the obstacles, difficulties, shortcomings as well as criticism during the beginning of the activity of the Administrative Courts, by taking into consideration their performance, efficiency, pros and cons since its creation. How to cite: Naumi, D. (2021). The Albanian administrative court system and its importance in resolving administrative disputes. Jus & Justicia, 15(2), 53–70.

https://doi.org/10.58944/rhsc6113

By, Kevin AGOLLI

Abstract

Turkey’s role in the Balkan peninsula can be considered age-old since medieval times. The study of the new line of Turkish foreign policy from 2002 to 2021, as well as the doctrine of neo-Ottomanism, marks great importance in the ideation of the methodology. This need is influenced by a number of factors. Turkey has a historical past in the Balkans; after the coming to power of the AKP in 2002, its leader Recep Tayyip Erdoğan wanted to reawaken the “unified” relationship of the Balkan states with Turkey at the head. Also, the empowerment that Turkey has received during the last 15 years has strengthened its influence in three different regions. The Balkan region, just like in the period of the Ottoman Empire, is an existential part of the implementation of the doctrine of neo-Ottomanism in Turkish foreign policy, as well as a connecting bridge that Turkey has with Western Europe. This study aims to offer an approach that seeks to discover the cause of Turkey’s relations with the Balkan countries and Turkey’s geopolitical influence in this region. This paper suggests that the growth of Turkey’s influence in the Balkans has come as a result of Turkey’s own reconceptualization of its role in the international arena after 2002. The method selected in this study is the interpretative one, which refers to the secondary data produced by well-known authors of international relations, official documents, institutions, etc. How to cite: Agolli, K. (2021). The geopolitical influence of Turkey in the Western Balkans. Jus & Justicia, 15(2), 23–40.

https://doi.org/10.58944/genz5318

By, Sagita DAMZI Abstract Since the fall of the communist regimes, the Western Balkans have been characterized as an unstable region with an urgent need for intervention by international actors. As a region with distinct characteristics and considering the crossroads of geopolitical interests of major powers, international organizations have played a crucial role. During the period of the 1990s-2000s, traditional security-related issues such as armed conflicts, and non-traditional issues like terrorism, organized crime have emerged. Given this diverse and highly dynamic picture in an even more dynamic region, the possibility of intervention using various methods and strategies by the international factor has been significant and necessary, making international organizations powerful actors in terms of this region’s security. This study aims to highlight the application of dominant diplomacy in resolving disagreements in the Western Balkans. To analyze how this approach has affected the course of events and the consequences on the international order based on the theory of international relations (neoliberal theory), as well as the role and effect that International Organizations have in the international system and their impact on the stability and security of this region. To achieve this goal, the study will aim to address the following issues: present the problems that existed in the Western Balkans during the period of the 1990s-2000s, related to armed conflicts; highlight the cases of intervention by International Organizations and analyze the impact they have had on improving or not the conflict situations in the Western Balkans; emphasize the importance and increasing impact of International Organizations as implementers of dominant diplomacy; analyze the impact of the strategy of dominant diplomacy on international security and regional stability. How to cite: Damzi, S. (2021). Western Balkans as a laboratory of dominant diplomacy. NATO and the role of multilateral diplomacy in the 1990s-2000s. Jus & Justicia, 15(2), 7–22.

https://doi.org/10.58944/oppy5805

By, Dr. Blendi LAMI, MSc. Rexhina MYRTA

Abstract

Erasmus + Programme can be considered an instrument of soft power in countries that aspire to become EU member states. The core assumption is that due to people-to-people contacts, Erasmus participants are most likely to become informal ambassadors of the EU, in the sense that they become bearers of the EU’s soft power, leading to changes in cultural perceptions and social. However, what will be the place of Erasmus in the ongoing debate on the strategy of enhancing the image of the EU? Erasmus can play a major role in this new strategy, considering the huge increase in mobility flows between EU countries and those waiting to become members. Moreover, the EU institutions are looking for new strategic tools of public diplomacy. This paper aims to test the following hypothesis: Erasmus, as an instrument of public diplomacy, affects the growth of the image of the EU in Albania. Therefore, this paper is of great interest because it is closely related to the debate on the means and goals of the EU’s foreign policy and its influence on the member countries, especially Albania. It reaches the conclusion that Erasmus, as an instrument of public diplomacy, serves to increase the image of the EU, since it is a tool of soft power of the EU. How to cite: Lami, B., & Myrta, R. (2021). Erasmus programme as an instrument of EU Public Diplomacy. Jus & Justicia, 15(1), 51–67.

https://doi.org/10.58944/bcak4193

By, Prof. Dr. Xhezair Zaganjori

Editorial

Jus & Justicia No. 15, Issue 1 is mainly dedicated to the students of the European University of Tirana (EUT), graduated in Master of Science at the Faculty of Law, Political Sciences and International Relations. The aim is to increase EUT students’ participation in research activities. Best theses, articles and research papers, in cooperation with their supervisors, are selected and revised, In this issue we embark on an exploration of the post-1990 era in the Western Balkans—a period marked by significant socio-political upheavals, transformative initiatives, and evolving regional identities. Particularly with a focus on Albania and Kosovo, this collection highlights the complex details that have shaped the region’s trajectory. Naime Ibrahimi comes with the article “National Identity of Kosovo” in which she explores the narrative of Kosovo as one intertwined with a fervent quest for identity and recognition. Through this analyse, we journey into the historical, cultural, and political framework of Kosovo, assessing the markers of its national identity and the challenges and opportunities it embodies in the contemporary age. The second article “Implications of organized crime in the national security of the Western Balkans after the 1990s” by Edmond Merdani, focuses on organized crime as a long-entangled phenomenon in the socio-political landscape of the Balkans.

By, MSc. Edmond MERDANI

Abstract

National and transnational organized crime today constitutes one of the most serious threats and challenges to the national security of Albania, of the countries in the region and beyond. The geographical position of the Balkan region, along with the region’s own problematics, such as its criminality and weak government structures, have turned the region not only in a shortcut to the criminal activity originating from Asia and the Middle East that heads for Western Europe, but also in an attractive and lucrative path in terms of the low risk it poses to criminal groups. This paper aims at providing a conceptual framework for the phenomenon of organized crime, by focusing on the issues that I have identified and considered as of serious importance to the Albania and region’s democratic values, political stability, social and economic development, as well as their security environment. In this context, I have argued that organized crime has political implications, largely due to its transnational nature, as it does not recognize state borders and thus ignores and challenges the state sovereignty. It also has economic implications, mainly associated with the criminal activity of money laundering, the informal economy it stimulates and the financial and economic destabilization it provokes. The study seeks to answer to the raised research questions through the analysis of the causes, factors, legal framework as well as of the strategies and measures taken by the respective countries and relevant institutions in the context of the fight against this phenomenon. On the other hand, in addition to the main theoretical approaches used to describe the phenomenon, the study analyses Albania’s security and crime policies and strategies by comparing them with those of the regional countries in order to highlight the similarities and differences. How to cite: Merdani, E. (2021). Implications of organized crime in the national security of the Western Balkans after the 1990. case study: Albania. Jus &  Justicia, 15(1), 30–50.

https://doi.org/10.58944/zvue3561

By, MSc. Naime IBRAHIMI

Abstract

The aim of paper is to explore the identity formation process of Kosovo and Albania. Kosovo and Albania have a long shared national identity because of a common ethnicity and history. The independence of Kosovo in 2008 has generated a debate about whether there is a new-born national identity of Kosovo — Kosovar. This thesis explores the implications that the process of state-building in Kosovo has on the Albanian identity of its population. In order to do so, the paper takes into analysis the impact that the invasions, international mechanisms, and independence had on the national identity. The analysis is done from the constructivist perspective. The methodology is qualitative and uses in-depth interviews with experts and discourse analysis. The thesis of this dissertation is that if the state of Kosovo becomes a successful state, this can further strengthen the state identity. This empowered identity can later bring new layers to the existing Albanian identity. How to cite: Ibrahimi, N. (2021). National identity of Kosovo. Jus & Justicia, 15(1), 7–29.

https://doi.org/10.58944/wsfo9619

By, MSc. Albert PLLUMBI

Abstract

In recent decades, security has become a concept that relates to every aspect of our lives due to its expansion and deepening and its relation to many areas of society. Security challenges faced by societies today are of different natures and forms, including weak governance structures, organized crime, corruption, and non-implementation of strategies. Albania, in particular, has faced many challenges and a negative international image due to these problems. This paper aims to provide an overview of the security challenges that Albania has encountered since the 1990s, by analyzing them separately and explaining the strategies, tools, and methods Albania uses to respond to these challenges. Additionally, the paper identifies the bilateral and multilateral agreements that Albania has signed with some Balkan countries and relevant allies in the international arena concerning common security. Through an analysis of strategies, legal frameworks, and measures taken to meet and overcome security challenges, this study attempts to answer the questions posed. The analysis is based on literature research, relevant publications in the security field of study, and laws and strategies on the evolution of security challenges in Albania. How to cite: Pllumbi, A. (2021). Security challenges in Albania after the 1990s. Jus & Justicia, 15(1), 68–86.

https://doi.org/10.58944/evlf7323

By, MSc. Erjona REÇI

Abstract

Throughout its history, Albania has felt, both in terms of geographical position and culture, being part of Europe. Under the slogan “ We want Albania to be like the rest of Europe “, popular protests in the early 90s revealed the century’s-old dream. The first step taken by the country in the early 90s was the establishment of diplomatic relations with the European Union, and the two parties signed in 1992 a number of agreements that included the areas of Trade and Cooperation Development. By signing them, Albania was given the opportunity to benefit from the programs that the European Union offered to third countries. After these steps, came the expansion of these relations in other areas of special interest for Albania. Albania’s main achievement was the signing of the Stabilization and Association Agreement with the EU, which includes the establishment of a legal framework for cooperation and the gradual adoption of European standards. The signing of the SAA in 2006, the liberalization of visas in 2010, and the membership in NATO in 2009 constitute some of the most important milestones in the context of Albania’s integration into the European Union. The signing of the SAA marked Albania’s arrival at a closer station to the European Union, as well as the successful crowning of a multi-year effort in this direction. The NATO Summit of April 2009 officially confirmed a dream of Albanians, by granting it the NATO membership. The image of the European Union for Albania is multifaceted. It is conditioned by bilateral relations and bilateral geostrategic interests, the historical legacy and the perception that the “receptors” of the EU or the representatives of its institutions in Albania or for Albania have for the country. How to cite: Reçi, E. (2021). The importance of EU integration for Albania. Jus & Justicia, 15(1), 87–103.

https://doi.org/10.58944/xljp6822

By, Av. Ardjana Shehi, MBA & CIPD Due to its geographical position, and also because of the potential integration of the Western Balkans economies into the European single market in the near future, in recent years, important and legally challenging cross-border infrastructure projects have taken and will continue to take place in Albania. These complex projects, such as the construction of railways, gas and oil pipelines and others, are challenging to finance, not to mention the legal challenges they face including the occupation of construction sites and easement. Above all, providing collateral is a crucial factor in increasing the chances of successfully financing, implementing, and completing these projects; particularly where in such projects the assets themselves used as collateral are purchased, created, and built during the implementation phase. In this article, I will address some Albanian legal issues to be considered in the process of legal assessment of the quality and provision of collateral in financing of cross-border infrastructure projects. Specifically, I will address some specific legal issues associated with the conversion of collateral. The need for this analysis arises from the challenges involved in implementing such projects in Albania and also from the need to recognize the compatibility of the legal provisions and their applicability in different jurisdictions. Especially when the same pool of lenders are available for the companies building and developing the relevant infrastructure networks in multiple cross-border states. Below, I have itemized the key issues to consider when seeking to secure such financing. How to cite: Shehi, A. (2020). Collateral conversion in cross-border infrastructure financing projects. Jus & Justicia, 14(2), 25–28. https://doi.org/10.58944/dsdx7003

Dea Nini San Francisco Bay Area technologist Gary Kovacs stated that privacy is not optional and should never be the price we pay for getting the services. The European legal framework has historically paid attention to personal data. Directive 95/46/EC “On the protection of personal data” defines as such any information that could be used to identify a person and states the obligation of every controller to obtain consent before collecting, processing, and/or using any personal data1. With the innovations brought by globalization, technology, and digital evolution, many controllers moved their servers “offshore”, which coincides with a smaller control space for legal entities regarding the treatment of personal data at their disposal. How to cite: Nini, D. (2020). Regulation 2016/679 (practical aspects of implementation in a comparative approach with previous data protection provisions in Europe). Jus & Justicia, 14(2), 57–62. https://doi.org/10.58944/cpwv3960

Florjan Kalaja The prologue of the disappointments The European Court of Human Rights (hereinafter the Strasbourg Court) had and still has two issues of great importance for the Albanian state. The first one was the issue of fair compensation of former owners unjustly expropriated by the communist regime in relation to Law no. 133/2015 “Law on the treatment of property” (hereinafter Law no. 133/2015), which concluded the process of their compensation. The second is its approach to administrative and judicial practice, which respectively the Independent Qualification Commission or the Appeal Chamber have held in the process of transitional re-evaluation of judges and prosecutors, in which officials of the justice system have been dismissed during this period. How to cite: Kalaja, F. (2020). Strasburg disappointments. Jus & Justicia, 14(2), 29–38. https://doi.org/10.58944/xglm4766

By, Xhezair Zaganjori

Introduction

In this article, I will briefly analyze a very important and actual theme related to reciprocal influences of two similar judicial regimes, such as the asylum and the extradition, which frequently have problems or difficulties in application in judicial practice. From a more general point of view, difficulties may arise in the English language from a vocabulary point of view, which frequently also generates problems in interpretation. For instance, such may be the case for the terms prosecution and persecution, which formally are translated respectively as criminal charge and persecution. I would also like to emphasize on the theoretical and practical importance, domestically and internationally, on matters related to asylum and extradition. The integrating and globalizing processes, the liberalization and the opening of frontiers, the effective war against international criminality, the consolidation of the state of law, the guaranteeing of individual fundamental rights and liberties, the protection of people in necessity from persecution because of race, religion, nationality, membership in a certain social group or because of political convictions, as essential values of the community of nations, are some of the main reasons that encourage the debate for a more effective application of these institutes. How to cite: Zaganjori, X. (2020). The asylum and extradition or the criminal pursuit and persecution. important concepts that create difficulties in the judicial practice. Jus & Justicia, 14(2), 7–24. https://doi.org/10.58944/exsm2930

By, Msc Hejli Haxhija

Abstract

Nowadays, the contemporary concept of intellectual property rights is a challenging problem, because it includes many ideas like innovation, invention, copyright, trademark and creativity and/or others of this kind. The legislation of intellectual property right is one of the most challenging ones not only in Albania but also in the most developed countries. A successful entrepreneur (Craig Venter) thinks that it is the key for the economic development and prosperity. The intellectual property plays a crucial role while being applied in the business, biotechnology and artificial intelligence. Its legislation is very recent and needs to be updated or modified so that countries should be able to anticipate any gaps of the legal framework that may be generated in future due to innovation and invention. Soon, Albania is going to join the European Union, so additional to the efforts to ratify the domestic legislation with the Acquis Communautaire, the government is facing with another huge challenge. According to international reports “Mapping the Real Routes of Trade in Fake Goods”, the country has become a main path for the international transit regarding counterfeit goods. The vigilance of domestic intuitions is underperforming that are incapable to stop this phenomenon. How to cite: Haxhija, H. (2020). The challenging relationship between contemporary art and intellectual property. Jus & Justicia, 14(2), 73–82. https://doi.org/10.58944/jkee1030

By, MSc. Helena Fetahu

Abstract

The right to initiate court action and conduct legal proceedings aims to resolve a dispute and put the parties on equal terms in regards to proving their claims. If we refer to the phrase “due legal process”, provided by Article 6 of the ECHR, it is the prosecuting body that has the responsibility to prove different facts or versions in support of the injured party or the suspected perpetrator of a criminal offense, and the prosecuting body shall also prove, in each case, the sustainability of the versions raised during the investigation or not. One of the evidences obtained during the investigation or trial is the expertise, which holds a special role and importance in the process. It is an indicator of the full investment of the judiciary body to conduct a fair and impartial adjudication in the context when the trial panel or the prosecuting body can not take a stand based only on their professional background or internal conviction, and therefore, they summon subjects with special knowledge in a certain field, to clarify such circumstances of special nature. How to cite: Fetahu, H. (2020). The importance of expertise as an evidence and its triangulation with other evidences. Jus & Justicia, 14(2), 63–72. https://doi.org/10.58944/sdle7665

By, Magistrate Engert Pëllumbi

Abstract

The Justice Reform consists in one of the main steps necessary for the consolidation of the independence and accountability of the judicial branch of power. It has also been asked for a long time as the only tool for the return of the trust of people in the judiciary, in particular, and in the whole state organs in general. Finally, it’s the most important homework towards the European integration. It has always been emphasized that, without a professional and independent justice system, Albania cannot stand shoulder to shoulder with other western developed democracies. The Constitutional Court is one of the most important institutions in a democratic state governed by the rule of law. It’s the guardian of the Constitution and has the mission of making its final interpretation through adjudication of constitutional disputes. In this regard, its role is very crucial in safeguarding the human rights and fundamental freedoms. As such, preserving its impartiality and independence is one of the most important goals for the implementation of the rule of law. From the beginning of the democratic regime in Albania, the Constitutional Court has shown itself as one of the strongest defenders of the democratic institutions, the human rights and fundamental freedoms, separation of powers and the rule of law. Even though, it has always suffered political attacks and accusations of bias in its activity. Having a professional and independent justice system is the half way in the consolidation of the rule of law and the realization of the greatest dream of this century for Albania, the European integration. Without a strong Constitutional Court the democratic process and the implementation of all necessary reforms is in danger. So, the reassessment of the focal procedural and substantial points on the organization and functioning of the Constitutional Court was made important in order to have a successful and effective justice reform. The past experience and the best models that can be found throughout the most consolidated democracies have given a significant backup in this area. How to cite: Pëllumbi, E. (2020). The Justice Reform and some implications on the Constitutional Court. Jus & Justicia, 14(2), 39–56. https://doi.org/10.58944/tylq3514

By, Prof. Dr. Xhezair Zaganjori

Dear readers,

Albania has now made significant steps towards Euro-Atlantic integration, (more…)

By, PhD. Renata KAU

Abstract

Roman law has influenced many legal systems throughout the world, including the Albanian legislations, this also as a result of the centuries-long conquests of these countries by the Roman Empire, which have left traces both in the culture of these countries and even in the legislations. The law of obligations and contracts is one of the broadest and most important areas of civil law. The best understanding of the contemporary notions related to these institutes requires a deeper knowledge of the Roman notions of “obligatio” and “contractus” throughout the entire period of the development of the history of the Roman law. In the course of history, these institutes have influenced the customary collections and the Albanian legislations up to the present day, configuring Albania in different periods in the category of the civil law countries with Romanist origins. Currently, even though the institution of obligations and contracts has strong Romanist bases, so much so that even in modern codifications we find definitions of the notions of “obligatio” and “contractus” of the Roman law, new forms of contracts have arisen as a result of the development of the market economy. How to cite: Kau, R. (2020). Brief historical overview of the evolution of “Obligatio” and “contractus” in the Roman Law: Their influence on the Albanian legislation. Jus & Justicia, 14(1), 69–84.

https://doi.org/10.58944/ielu4288

By, Prof. Dr. Kristaq XHARO, Dr. Blendi LAMI

Abstract

Recently, there has been a significant development in the realm of regional security involving both NATO and the EU, signifying a deliberate push to enhance their capabilities in terms of military strength. This collaboration marks a pivotal juncture where the policies of the EU and NATO are converging, leading to a departure from the EU’s erstwhile characterization as a soft power and its evolution into what can be aptly described as a smart power – a strategic amalgamation of both robust and diplomatic influence. This transformation is likely to set a precedent, influencing even aspirant nations to adopt a similar trajectory. A notable manifestation of this joint effort is the bolstering of military and technical capacities, particularly evident in the augmentation of military capabilities. Within this context, an area of focus is compulsory military service, a subject that has triggered substantial deliberation in light of the ascendancy of professional armed forces. This shift has catalyzed a vibrant discourse among advocates and detractors of this transition. The purpose of this paper is to shed light on the myriad benefits that military service can offer to individuals, communities, societies, states, and nations. The ongoing discourse regarding this issue is not confined to a specific region but rather extends across the Western world. In this context, the present paper endeavours to explore and analyze these dynamics within the context of Albania, thereby adding to the broader conversation. How to cite: Xharo, K., & Lami, B. (2020). Changing the perspective on military service. Jus & Justicia, 14(1), 7–16.

https://doi.org/10.58944/rlue5448

BY, Dr. Anjeza XHAFERAJ, MSc. Kleda FISHTA.

Abstract

This study explores the entry of new and small parties into the party system in Albania, focusing on the period from 1990 to 2017. It is a comprehensive exploration of the Albanian political landscape from 1991 to 2017, focusing on the role of electoral systems and how they influence party politics. The study underscores the necessity for strong, stable political parties in a thriving democracy and investigates how the electoral system either facilitates or hinders the representation of small and new parties. It investigates the influence of institutional factors, as well as the challenges and strategies related to political survival that these parties face. The analysis reveals how the two-round majority system typically fosters a two-party system, whereas a proportional system can lead to a more fragmented party landscape, often necessitating coalitions for effective governance. The impact of these dynamics was observed during several key periods in Albanian political history, noting the consequences of changes in the electoral system on the party system. The paper also highlights how major parties often manipulate the electoral system, through practices such as gerrymandering, to their own advantage, leading to potential distortions in representation. Furthermore, it presents the challenges for new and small parties, emphasizing the importance of financial support and media coverage for their survival and competitive performance. How to cite: Xhaferaj, A., & Fishta, K. (2020). Exploring the factors that hinder the penetration of new political alternatives in the Party System in Albania. Jus & Justicia, 14(1), 17–40.

https://doi.org/10.58944/fqcr1105

By, Assoc. Prof. Dr. Juelda LAMÇE

Abstract

This paper aims to analyze the challenges of facing diversity when it comes to Islamic marriages and human rights. The qualification of rights as universal has been questioned in the Islamic world because it reflects only the Western concept of human rights. Despite the codification of positive law norms, in some Islamic tradition countries, there are still difficulties in recognizing a set of universally recognized positive rights. In terms of co-existence between secular and religious law, it is fundamental for religious norms to be aligned with the international legal order in general and the protection of human rights in particular. Nonetheless, when addressing these issues, it is assumed that the logic of clash of civilizations serves as a deterrent to any effort toward understanding and seeking common solutions. How to cite: Lamçe, J. (2020). Facing diversity: Islamic marriages and human rights. Jus & Justicia, 14(1), 55–68.

https://doi.org/10.58944/fxcf3597

By, MSc. Besian ZOGAJ

Abstract

Despite Albania being a member of NATO and making significant strides toward the EU, its challenge remains the construction of a functional democracy. There is a clear correlation between women’s participation in politics and the level of democracy. Data show that in countries with functional democracies, women’s representation in parliament varies from 35% to 49%. The issue of increasing women’s participation in politics is not merely a matter of numbers and percentages. The real issue lies in their actual influence in the decision-making process within political parties. Therefore, women’s contribution to political parties should be seen not only as a right but also as a societal necessity. The objective of this work is to analyze the results of this change both in terms of quantitative and qualitative representation criteria. How to cite: Zogaj, B. (2020). Proportional electoral system: A guarantee for women’s participation in decision-making in Albania. Jus & Justicia, 14(1), 41–54.

https://doi.org/10.58944/dvyh2051

By, Prof. Dr. Xhezair ZAGANJORI

Dear readers,

After a three-year break, we are continuing the law review periodical “Jus & Justicia” (more…)

by, Prof. Asoc. Dr. Edi Spaho

Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

E drejta natyrore është një grup i të drejtave të natyrshme dhe të (more…)

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Abstract

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Abstract

Ksenofon Krisafi është një personalitet i vërtetë i rrafsheve politike (more…)

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Abstract

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Abstract

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Abstract

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Abstract

Në këtë punim nuk është se do të gjenden ide tejet të reja, të parrahura (more…)

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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Abstract

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