Albanian Law Journal
About Albanian Law Journal
The project “Establishing and Publishing an Integrated Albanian Law Journal” is an initiative implemented by the European Movement Albania (EMA) since 2017 with the aim to create a Law Journal, which is actually missing in the legal panorama of Albania.
The Jurisdiction of the International Court of Justice (ICJ) is important in the context of maintaining international peace and security. This is also the primary purpose of the United Nations (UN). The ICJ is the principal judicial institution of the UN which has jurisdiction to settle disputes between States that have consented to such jurisdiction.
This research will deal with the complexities of refugees’ integration in different societies. The paper will focus on the refugees’ perspective regarding what is helpful to them to better participate in the society. It will also provide examples on how European Union member states and also other states support refugees’ unification in their social order.
Domestic violence is still one of the state’s biggest challenges. During the new Millennium several legal changes have been made.
The right to asylum is qualified as a fundamental value and the importance of having an asylum system and ensuring access to the asylum process derives from legally binding international legal documents ratified by Albania.
This paper deals with access of health care of undocumented migrants in Switzerland. Firstly it provides a general overview of the health care system of Switzerland and exposes the main Swiss laws and regulations which regulate access of health care.
Aiming to harmonize its water management legislation with the EU acquis, the Albanian Government transposed the European Union Water Framework Directive into its national legislation with the 2012 Law on Integrated Water Resource Management. The Law has been followed by implementing sub-legal acts and recently amended by Law 6/2018.
This work addresses the development of the protection of Human Rights in the EU. It explores the development of EU human rights outside of the EU treaties, due to the constitutional courts of the Member States and the European Court of Justice.
The purpose of this article is to analyze the criminal offenses in the customs field and the particular elements that each figure carries. Crimes in the customs area are becoming more and more commonplace in national and European courts.
This article deals with the phenomenon of irregular immigration in Albania most specifically regarding the rights of asylum seekers and refugees.
The better part of the last two years has made a case for the return of the ‘Balkan question’ on top of the European Union’s agenda.
When harm is done, it creates legal obligations and liabilities. This is a very important principle of civil law that accompanies criminal acts. The criminal behaviour infringes the law, but at the same time, it directly violates and harms the victims, which have the right of civil restitution.
This article aims to become an introduction to the situation of the legal framework and implementation of the law, in relation to the financial activity of the political parties and electoral subjects.
This is an analysis aiming to examine the extent to which the Albanian legislation is aligned with the EU acquis with regard to the women’s labour rights, with a special focus on the non-discrimination on grounds of gender.
Commercial companies in Albania play an important role, but thanks to our considerable resources they can also play a role in the European market.
The European Community/Union has been an important factor in the dissolution of the Ex-Yugoslavia, even though this affirmation has raised many critics and debates. This paper tries to re-evaluate this role in an actual perspective, after nearly quarter a century from the beginning of the conflict.
Political parties are considered the cornerstone of democracy, helping to ensure that there is an informed and engaged citizenry. Public and private funding is essential for political parties to survive, compete fairly, and perform their democratic functions, both during and between election campaigns.
This article deals with the concept of good governance and its major elements, among which civic engagement and respect to human rights. Paragraph II of this article explains the concept of good governance, the development of this concept and its main elements.
The present article calls the readers’ attention on a specific aspect of the Albanian legislation in force, the area of property law. More specifically the articles deals with the role of the Property Management Agency, as the public body legally qualified to regulate issues related to property, the amendments made to the law on property since 1993 to date, by focusing on the current law no.
This article deals with a very serious human right violation, sexual abuse, committed against a particularly vulnerable category of our society: children. The article intends to treat in a comprehensive way the phenomenon of sexual abuse of children and its consequences as well as the measures taken to prevent it at international level and within the Albanian legal order.
This paper deals with a topic which has been very much debated within the Albanian arena for the last years: that of import of non-hazardous waste. It lately came again under the public opinion’s attention due to further legal changes and raised the same old Albanian fears regarding the issue of waste import and waste managment.
This article specifically deals with the law of treaties and its development in Albania.
The rule of law state is closely connected to the effectiveness of the so-called separation of powers. As suggested by different voices, a wide institutional reform which should start with the amendment of the Constitution is considered necessary in order to have a proper separation of powers.
Ownership as a fundamental human right and its proper administration have encountered many difficulties in these twenty-five years of market economy. This is also a result of most citizens not being familiar with the law and the lack of the culture of consulting lawyers or law professionals in general.
This article will deal with the progress of Albania´s accession to the European Union. Secondly, the Copenhagen principles to be complied with by candidate countries will be addressed, as far as several requirements regarding the state of the rule of law, democracy and fundamental rights are demanded by the EU institutions in order to be accepted as a new member in the EU.
On May 18, 2017 the European Commission addressed the case of Facebook (FB) regarding the infringements of merger procedural rules under EC Merger Rules (ECMR) for providing incorrect or misleading information. Facebook was fined with 110 million for breaching EU Merger procedural rules in providing incorrect or misleading information during the acquisition of Whatsapp.
This article examines the right to appeal a court decision refusing an injunction order in a civil lawsuit. The first paragraph explains the definition of injunction and the main criteria on which to request it.
In a democratic society, no one should be hindered to exercise his/her rights, rather he/she should be encouraged, especially when these rights are not merely individual but linked to the interests of society as a whole.
United Europe started a new era with the Maastricht Treaty, since the latter triggers the triumph of a numerous achievements both in the economic and political domain. The establishment of the monetary market and the preparations for introduction into the market of the common currency signals the maximum economic integration and refinement of the single market.
This article examines the right to use industrial property rights which represent a high value asset for companies, as good source for access to financing. The first paragraph provides a brief explanation on IP rights recognized under the Albanian legislation and the mechanisms for securing financing on the bases of such intangible property rights.
The right to access to higher education is a hot topic being discussed around the world, which involves a series of legal, policy and human rights issues. This paper will deal with the right to access to higher education in Albania, analyzing the new education reform and its impact on access to higher education under the light of the ECHR convention.
The concept of consumer protection is relatively new in Albania. The first consumer protection association was established in 15 March 1990, on the international day of consumers’ protection, in a time period coinciding with the start of political changes in Albania, but well before the institutionalisation of consumer protection policies.
This article focuses on the visa policy of the Schengen area and more specifically on the EC Regulation 539/2001 listing the third countries whose nationals must be in possession of visas and those whose nationals are exempt from this requirement while crossing the external borders.
This section shall include all the analytic articles that addresses laws and bylaws, administrative acts approved by the Parliament, Central and Local Government, which affect the main sectors of economic activity and lifes of citizens.
This section shall include all the analytic articles that address cases regarding the competences and operation of different institutions, in particular those institutions, which provide services to businesses and citizens, such as different registration, certification offices and similar. In...
This section shall include all the analitic articles that addresses particular cases and/ or particular categories of human rights, which are most often violated in Albania. It shall also analyze the Albanian legislation, impacting human rights, to assess if it meets the required standards and...
This section shall include all the analytic articles that addresses cases on developments of the European legislation, which have their impact on Albanian businesses and citizens, as a result of Albania’s European Integration efforts.
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The Albanian Law Journal intends to be as inclusive as possible. Therefore there are no stringent requirements for authors as long as quality requirements of the Articles are met. A minimum requirement for all authors is having obtained at least the first level of university degree. Each author submitting an article should provide a short bio of max 150 words describing his/her academic and professional background.