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OA AIS Journal EN

Causing non-contractual damages according to Albanian law

Amantia Levanaj, Besmira Arshiaj · Faculty of Law, University of Tirana, Albania
This study is mainly focused on handling the causing non-contractual damage, achieving a theoretical analysis of its constituent components as fault, causal connection, unlawful act or omission and damage compensation. Non-contractual liability is provided by our civil code, defining it as at fault …
OA AIS Journal EN

The Albanian mechanism for guaranteeing the right to compensation for unjust imprisonment and wrongful conviction, in the light of obligations arising from international acts

Bojana Hajdini · Faculty of Law, University of Tirana, Albania
Punishment with imprisonment and the security measureof detention on remand, are among the most severe sanctions and convictions provided by the albanian criminal legislation. The unjust serving of such measures or punishments implies serious psychological and economic consequences for both the conv…
OA AIS Journal EN

The integrity of elections in Albania as a duality between the law and their administration. Electoral management body in the circle of cause – effect for elections performance

Monika Kryemadhi, Lefteri Luzi · Member of the Parlament of the Republic of Albania
It is important to note that at the end of the election process there is a question laying before to all stakeholders: Did these elections meet the international standards of electoral integrity? Countries around the world have a challenge in common. They are challenged to meet international standar…
OA AIS Journal EN

Institute of constitutional revision in the Constitution of the Republic of Albania, comparative view

Makbule Çeço · Dean of Justice Faculty, “Justicia” University, Tirana,…
In its very dynamic essence, a democratic society bears the need for continuous reformation and perfection, and that is why the application of reforms represents an inseparable feature for this type of society. The consolidation of the rule of law, the institutional independence, and the cause of ju…
OA AIS Journal EN

Contractual Obligations under the Private International Law in Albania.

Ervis Çela, Maks Qoku · Faculty of Law, University of Tirana, Albania
This theoretical and practical part is related to the analysis and studies of the contractual obligations under the private international law. This work is divided into three parts, where respectively, the first part deals with the general part of the contractual obligations; the second part deals w…
OA AIS Journal EN

Corporate enterprises in Albania and Macedonia in comparative law

Endri Papajorgji · University of Graz, Austria University of New York, Epo…
Transformation is a process closely connected with reforms in the property-rights regime, but retransfering the ownership has been the core of this process in all post communist countries. The objective of this article is to analyse the drafting of commercial legislation in Albania and Macedonia and…
OA AIS Journal EN

The culture of referendum in Albania: Technical and theoritecal reflections on the abrogative referendum

Valbona Pajo · Department of Law, New York University, Tirana, Albania
The aim of this paper is to analyse the Albanian constitutional and legal framework on referenda, in general, focusing special attention to the abrogative referenda of a law or part thereof. Given the absence of any concrete case of an abrogative referenda held in Albania, which does not creates ver…
OA AIS Journal EN

Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

Klodjan Skenderaj, Sokol Mëngjesi · Faculty of Law, University of Tirana, Albania
A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings.…
OA AIS Journal EN

The approach towards gay marriage in the Albanian legislation and society

Xhensila Kadi · Law Faculty, University of Tirana, Albania
The goal of this paper is to address the phenomena of homosexuality in Albania and the situation of persons with homosexual tendencies encounter. Future spouses’ sexuality cannot be ignored when addressing the conditions for marriage. The issue of gay marriage has been at the center of political and…
OA AIS Journal EN

The Development of Private International Law in Albania

Ilda Mucmataj, Lorenc Danaj · Faculty of Law, University of Tirana, Albania
In a world like today’s one, with communication, trade and the increasing cross-border travels, the issue of the conflict of laws appears in every aspect of the private law. It is important that every member of the legal community understands the conflict of laws. This is important especially for ju…
OA AIS Journal EN

The administrative review of concession agreements

Fatmira Hajdari · Judge, Tirana Court of Appeal, Albania
Concession agreements represent the most utilized and preferred legal option in the exercise of public functions by private entities. Before entering into a concessionary agreement, there is a special procedure that takes place, and that is one of the distinctive characteristics of this type of cont…