Administrative / Practical Cases section

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 addition administrative practices followed up by those institutions, relating to the practical process of issuing authorizations, licenses, permits etc., are analyzed with the aim to identify issues, difficulties, delays or violations and provide recommendations for their resolution.

Administrative and Criminal Implications to Competition Law Infringements: EU Law Discussion and the Albanian Legislation, Ph.D. Cand. Monika CANCO & Ph.D. Cand. Ina VELESHNJA

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This study aims to analyse the public enforcement of competition law regarding administrative and, in specific cases, criminal sanctions. The EU standards are seen in a comparative perspective with the Albanian enforcement of competition law. The methodology that is used to answer the research questions includes a desk review of the EU and Albanian standards regarding sanctions in competition law.

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Access of Health Care of Undocumented Migrants in Switzerland

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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.

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The Compulsory Jurisdiction of the International Court of Justice on Territorial Disputes

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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.

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Aspects of the offense of smuggling

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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. Their special feature is that they are always in development and the legislator should try to preserve the pace of the dynamic time we are living.

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Cross-border mergers of commercial companies

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Commercial companies in Albania play an important role, but thanks to our considerable resources they can also play a role in the European market. For the purpose of the approximation of the Albanian legislation to the European one, Albania has passed the law on cross-border mergers of commercial companies, so that steps and procedures of mergers of Albanian and European commercial companies can be set.

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The Civil Compensation of Criminal Acts in Albania

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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.

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The effect of registration of immovable property and the need for legal changes

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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.

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Subject-matter competence of courts concerning decisions of the Property Management Agency

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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.

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Using Industrial Property Rights for Securing Financing

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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.

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The right to appeal a court decision refusing the issuance of an injunction order

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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. The second paragraph deals with the specific appeal procedure against injunctions and in particular with the issue of appealing a court ruling that refuses the issuance of an injunction order.

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