Perspectives of Law and Public Administration

Table of Contents

  • Contents


  • Lecturer Hazbi LIKA

    Abstract:
    In the process of nation-building in Eastern Europe in general and in particular in the territories that were under Ottoman occupation in the Balkans, the formation of the Albanian national identity is the most atypical and perhaps the most complicated case. This is due to the fact that the Albanians as a nation, after the Ottoman conquest, faced a situation of confrontation with some very strong identities or sub-identities, such as religious identity, provincial identity, dialect-linguistic identities, etc. Particularly problematic is the fact that Albanians as a population and as a nation even today belong to at least three major religious traditions: Catholicism, Islam and Orthodoxy. The clash with these religious sub-identities in the face of the emphasis on ethnicity and language as the projected foundation of the Albanian nation by the intellectuals of the Albanian national Renaissance, but also of the state power of independent Albania, presents the object of study and the importance of this scientific research.
    Keywords: Albanian, national identity, religious identities, Eastern Europe.
    JEL Classification:H83, K30
    1. ALBANIAN NATIONAL IDENTITY IN RELATION TO OTHER ETHNIC AND RELIGIOUS IDENTITIES
        Page 128

  • Assistant professor Robert SIUCIŃSKI
    Abstract:
    Judicial review of the executive is an essential element of democracy. It ensures the legality of administration. It is obvious that for adequate protection of rights of individuals, judicial review should be effective. There are two models of judicial review: the cassation and the merit one. The first of them is based on assumptions derived from the Austro-Hungarian regulations dating back to the nineteenth century. It assumes that the competence of the administrative court is only to issue two types of rulings. Some European countries uses the merit review elements were introducted into the proceeding before the administrative court. This model of judicial review, which is characteristic for French solutions, gives to administrative courts the possibility to ingeration in administrative action. It seems interesting to consider which of these models of judicial review is more effective when it comes to protecting the rights ensured by the proper fulfilment of judgements and what are the advantages and disadvantages of both systems in the light of separation of powers.
    Keywords:separation of powers, judicial review, administrative law, Polish system of law.
    JEL Classification:K23, K41
    2. BETWEEN JUDICIAL REVIEW AND THE EXECUTIVE - THE PROBLEM OF THE SEPARATION OF POWERS IN COMPARATIVE PERSPECTIVE
        Page 137

  • Postdoctoral researcher Oana Nicoleta RETEA
    Abstract:
    The identity of a person mainly supports discussions in a philosophical way, its definition being the subject of multiple debates. However, from a philosophical point of view there is no unanimity regarding the concept of identity, the established interpretations cumulating a series of common points, but subject to the mark of personality. In order to satisfy the need to differentiate humans in all manifestations of social life, and in order not to give rise to confusions about one's identity, the use of the name was imposed. The aim of this article is to contribute to a better understanding of both rights and to emphasis each and any existing connection between them. Another aspect that determined the elaboration of this article is represented by the fact that the doctrine is largely limited in treating the name right only in the chapter allocated to the identification attribute of the natural person without emphasizing its valences according to the conclusive legal relations.
    Keywords: name, identity, digital identity, fundamental rights.
    JEL Classification:K15, K36
    3. RIGHT TO A NAME IN TERMS OF IDENTITY RIGHT
        Page 147

  • Associate professor Kolë KRASNIQI
    Abstract:
    The traditional model of harmony and interfaith tolerance that had existed in Kosovo and the countries of the region for centuries has come more and more under attack in recent times. Unfortunately, recently, the traditional model of religious harmony and tolerance that has been cultivated for centuries in Kosovo has begun to be attacked. After the war in Kosovo, started the uncontrolled arrival of some "humanitarian" organizations in the region and the departure of dozens of Kosovar youths for religious education began in some Islamic Middle East centers. Some people and asociation from the Near East, came as "missionaries" began their subversive activity in promoting Islamist extremism and spreading a radical ideology in all inhabited areas with Muslim populations in the Balkans. The risks of terrorist attacks by Islamist extremists in Kosovo and the countries of the EU still seem to be limited. However, if the political and social crisis escalates in Kosovo and the conflict in the Middle East is exacerbated, which could also lead to a polarization of the public’s attitudes toward Islam, the danger of terrorist attacks by Islamist extremist can’t be ruled out any more in both to Kosovo and the EU countries.
    Keywords: Islamic terrorism, Islamic fundamentalism, Islamic extremism, Kosovo, Western Balkans.
    JEL Classification:H83, K30
    4. THE LATENT DANGERS OF ISLAMIST EXTREMISM IN WESTERN BALKAN
        Page 155

  • Associate professor Dr. IUR. Zdenek FIALA; Associate professor Dr. IUR. Olga SOVOVA
    Abstract:
    In the introductory remarks, the paper highlights the shared past of the central European countries and the most important historical moments for the development of the public administration. Further, the paper points out various theoretical approaches to the definition of the term public service, public administration and its classification concerning the academic background in the Czech Republic. Subsequently, the primary public service legislation in the Czech Republic is referred out. On this basis, public service and administration challenges and issues are formulated. The authors approach the concept of public service in a broader sense, focusing on public service in general, service of the state officials, officials of territorial self-governing municipality units, as well as public services provided by the private sector. The paper examines the new role of the public administration in the global health and public services crisis. The authors evaluate the possibilities of the new governance methods for re-directing the public service and administration to the new role of the crisis and post-crisis managers.
    Keywords: public administration, public service, state government, public officer, self-governance, community and municipality, new governance
    JEL Classification:K23
    5. CURRENT ISSUES OF THE PUBLIC SERVICE AND ADMINISTRATION. THEORETICAL BASES AND EXPERIENCE IN THE CZECH REPUBLIC
        Page 160

  • PhD. student Ioana Cristina NEAGOE-DINIȚĂ

    Abstract:
    By its nature, dismissal for grounds not related to employee's person in the context of a large collective redundancy must have an objective nature, thus being differentiated from dismissal based on other types of grounds, such as the professional inadequacy. The performance goals appraisal is mandatory for the collective redundancy procedure, but it does not exclude a broader professional appraisal based on a professional competence criterion, agreed with the social partners. The need to organize a selection based on professional criterion with the view to establish the priority for dismissal is considered preferable even by the courts, being known that the recurrent appraisal does not provide a relevant and useful output to a real ranking of employees, apparently all of them meeting the employer's expectations. Within the appraisal procedure for the purpose of selection, a more detailed comparison of competencies is made and a ranking is possible, finally allowing the selection for dismissal. This study aims to unravel aspects of legality and opportunity regarding the use of subjective aspects related to performance and professional competence within the objective context of collective redundacies undertaken for grounds not related to the employee.
    Keywords: collective redundancy, performance, goals, criteria, selection, ranking.
    JEL Classification:K31
    6. OBJECTIVE AND SUBJECTIVE ASPECTS IN THE EVALUATION OF EMPLOYEES IN THE COLLECTIVE REDUNDANCY PROCEDURE
        Page 167

  • PhD. student Raluca ANDERCO
    Abstract:
    When we talk about job insecurity, it is essential to analyze the very nature of this phenomenon. This article dedicated to precarious work wants to describe the nature of this phenomenon, using the most common situations in society, the old conflict between market demand and the lack of skilled workers. This conflict is accompanied by risk and insecurity, which strengthens the precariousness of labor relations. So, precariousness has, in addition to the legislative component, a psychological component that can generate various dysfunctions and long-term repercussions.
    Keywords: precariousness, economic development, labor law, work.
    JEL Classification:K31
    7. PRECARIOUSNESS: THE NEW STAGE OF ECONOMIC DEVELOPMENT OR ECONOMIC PREVALENCE IN THE NEW STAGE?
        Page 176

  • Assistant professor Nadiia SHULZHENKO; PhD. student Snizhana ROMASHKIN
    Abstract:
    The present research paper analyzes national legislation of Ukraine regarding legalization of Gambling, compare the Laws of foreign countries regarding main mechanism of regulations: UK, Italy, Spain, Austria, Australia. The authors investigate the problems of legal regulation of gambling, as well as analyze the main reasons for the rapid development of the illegal gambling sector. The systematic analysis of the national and international legislation is carried out, the statistical report on a condition is analyzed of art. 203-2 of the Criminal Code of Ukraine, which provides for criminal liability for gambling. The authors conducted the generalization of the practice of regulating gambling in foreign countries, the expediency of legalization with detailed regulation and control over the activities of gambling organizers. In this article, we review some principles of qualitative data collection, analysis, and strategic planning to help scientists, lawyers, and law students interested in conducting research in their practice to continue their learning in this area.
    Keywords: international gambling, gambling regulations in Ukraine, online games, Criminal Code of Ukraine.
    JEL Classification:K10, K20
    8. LEGALIZATION OF GAMBLING IN UKRAINE
        Page 182

  • Associated member Nelu Dorinel POPA; Student Cezara POPA
    Abstract:
    Subcontracting represents the facility granted by law to tenderers to fulfill part of the obligations that are assumed by the public procurement contract or a part of the project, through a third party called “subcontractor”, if the offer will be declared as winner by the contracting authority. In practice, on the one hand, it is noted the tendency of the contracting authorities to meet the subcontractors, which is justified by the desire of the contracting authorities to protect their own interests and which corresponds to a higher degree of transparency; subcontracting is to be recommended to the contracting authorities when the public procurement is carried out on their own establishment or on establishments which they have under surveillance. On the other hand, it is also noted the tendency of the tenderers and subcontractors to circumvent this transparency and to disguise subcontracting in the form of relative simulations of various types, precisely so as not to inform the contracting authorities and so that the tenderers obtain certain benefits. In this respect, some doctrinal opinions, some cases of jurisprudence and comparative law references are relevant. In the light of those mentioned above, we have expressed some proposals de lege ferenda.
    Keywords: public procurement, subcontracting, subcontractor, public contract, administrative law.
    JEL Classification:K12, K23
    9. SUBCONTRACTING
        Page 189

  • Professor Florentina Camelia STOICA
    Abstract:
    This paper considers certain aspects related to the application of the article 493 paragraph (1) letter (a) of the Criminal Procedure Code versus the insolvency procedure of the legal entity under the conditions of a distinction within the article on the interference with the insolvency procedure of the legal entity. The recent decision of the High Court of Cassation and Justice seems to have cleared the issue, but from our point of view the debates may be made from in the doctrine. The article does not aim so solve this issue, but it presents the three opinions on the application of article 493 paragraph 1 letter a of the Criminal Procedure Code. At jurisprudential level it seems that the intervention of the legislator on the interpretation of this article is not excluded. This orientation is based on the argument that the scope of the preventive measure made in the criminal trial is to prevent evading the criminal liability.
    Keywords: insolvency, legal entity, preventive measure, dissolution and liquidation.
    JEL Classification:K22
    10. INTERFERENCES OF INSOLVENCY AND CRIMINAL PROCEEDINGS, BETWEEN THE HIGH COURT OF JUSTICE AND CASSATION AND THE CONSTITUTIONAL COURT
        Page 195

  • Lecturer Gabriel MICU
    Abstract:
    In many parts of the world, globalisation creates a phenomenon which integrates states into federal-like structures, even if they are not necessarily of the known, classical type, like the European Union, for instance. The international doctrine and practise also credit federal states with a higher potential for economic growth compared to unitary states. Starting from the undeniable fact that the economy and politics are closely linked together, some authors are trying to stretch the benefits of the federal system beyond what it can actually offer and argue that federalism may be the solution to other categories of political issues that the unitary states face. Minority population is one such category. This study aims at showing that the state structure is irrelevant to solving the problems arising from the status of belonging to a national minority. This article is the first part of the study, dedicated to the analysis of the object of regulation, represented by the rights of national minorities.
    Keywords: unitary state, federal state, national minority, decentralisation, regionalisation.
    JEL Classification:K10
    11. FEDERALISM AND NATIONAL MINORITIES
        Page 200

  • Associate professor Petruț CIOBANU
    Abstract:
    Frequently, thefts have as material object goods with a considerable economic value, reason for which they are committed on people with a good material situation, usually being businessmen or foreign investors. Robbery is one of the most serious crimes, damaging the heritage and life, implicitly the health of the person, and through serious consequences it has a negative effect on the population. In order to combat the criminal phenomenon, it is useful to determine the areas and environments in which the crimes of theft and robbery are committed with predilection. In addition, the authorities may contact the representatives of the companies that are located and operate in those areas/environments to guide them in order to ensure proper security and the installation of surveillance systems. The crime prevention must be accompanied by a socio-cultural approach to maximize its impact on the entire population.
    Keywords: business people, patrimony, damage, mode of operation, information network, flagrant crime, search, forensic expertise.
    JEL Classification:K14
    12. FORENSIC INVESTIGATION OF CRIMES AGAINST PROPERTY
        Page 205

  • Professor Dobrinka CHANKOVA; Associate professor Valentin VASILEV
    Abstract:
    The paper explores the changing role of leadership in a modern organisational context. The objective is to pay attention to the relationship between traditions and dynamically changed realities in contemporary management. The relatively new phenomenon - deliberative democracy practices - and their use in modern governance are under scrutiny. The central thesis of this paper is that efficient leadership and deliberative democracy are not competing, but reconcilable paradigms and could exist in a good symbiosis. Classical research methods, such as comparative analysis of theories and practices, are used in the elaboration of the paper. The systematic approach to seek a holistic vision for the improvement of leadership in a democracy is also used. A small-scale qualitative survey among the random population about the role of leadership, public deliberation and their interaction in a time of intensive social processes adds extra value to the research. The biggest challenge faced by the theory and practice is identified - to instrumentalise the leadership and deliberative practices efficiently so that the decisions taken to be considered rational, legitimate, and protecting fundamental human and other rights of all affected who will feel respected and committed to their implementation.
    Keywords: leadership, deliberative democracy, survey, compatibility.
    JEL Classification:K39
    13. LEADERSHIP AND DELIBERATIVE DEMOCRACY IN THE CHANGING WORLD: COMPETING OR RECONCILABLE PARADIGMS?
        Page 209

  • PhD. student Radu-Mihai NECULA
    Abstract:
    The purpose of this study is to establish the categories of arbitral awards that may be classified as foreign by reference to the provisions of the Code of Civil Procedure and the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, adopted in New York (1958). In carrying out this approach, we had as a starting point certain doctrinal opinions that we tried to analyze critically, in order to capture as clearly as possible the regulatory differences between the provisions of the Code of Civil Procedure and those of the New York Convention, in regarding the qualification of an arbitral award as foreign. Thus, following the analysis of the approached subject, we found that the provisions of the Code of Civil Procedure differ from the provisions of the New York Convention, regarding the qualification of an arbitral award as foreign, the domestic provisions being more favorable than the conventional ones, in terms of in the execution of arbitral awards.
    Keywords: foreign arbitral award, Code of Civil Procedure, New York Convention, recognition and enforcement of foreign arbitral awards.
    JEL Classification:K22, K41
    14. FOREIGN ARBITRAL AWARD UNDER THE CODE OF CIVIL PROCEDURE AND THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS, ADOPTED IN NEW YORK (1958). COMPARATIVE LOOK
        Page 219

  • Associate professor habilitated Crenguța LEAUA; Ph.D. student Ingrid A. MÜLLER; Ph.D. student Sofia COZAC
    Abstract:
    This paper is a comparative study between the Romanian legislation and the UNCITRAL Model Law. Its main goal is to identify the similarities and differences between the law applicable in Romania and the soft law instrument mentioned above, with respect to the role of domestic courts in the arbitral procedure. Thus, we will see that – although, in abstracto, the differences between the international pursuit and the national approach can be important and are caused both by objective factors like national specificity, and by subjective factors like judicial internationalism - the Romanian legislation is in congruence with the UNCITRAL Model Law, despite the fact that it was not implemented per se in the Romanian legislation. Also, counterintuitively considering that arbitration is, by definition, an alternative to state courts, it will become evident that the role of domestic courts in arbitration, albeit limited by the applicable norms or by the parties’ choices, is potentially decisive for certain administrative matters or pertaining to the course of the arbitral procedure, as well as essential when it comes to the setting aside of an arbitral award.
    Keywords: UNCITRAL model law, the role of domestic courts in arbitration, Romanian Code of Civil Procedure, soft law.
    JEL Classification:K15, K33, K39, K49
    15. COMPARATIVE VIEW ON THE ROLE OF DOMESTIC COURTS IN ARBITRATION: THE ROMANIAN LAW VERSUS THE UNCITRAL MODEL LAW
        Page 224

  • Associate professor Gina ORGA-DUMITRIU
    Abstract:
    Not even the most optimistic scenario could have anticipated the impact of Directive 93/13/EEC on unfair terms on Member States' national law 25 years ago. The original formula arranged by the EU legislator (by resorting to the conditions constituting the triple test of establishing the abusive character - the lack of negotiation of the clause, the significant imbalance between the rights and obligations of the parties and the professional violation of the good faith requirement) was strengthened by the developments at the level of jurisprudence through the exercise by the Luxembourg Court of its interpretative function. The contribution of the Spanish courts to the detailing and refinement of the reading grid of the said Directive is significant. The judgment of the Grand Chamber of 21 December 2016 testifies to this “Spanish judicial activism” being pronounced following preliminary references made by the Juzgado de lo Mercantil n°1 of Granada and the Audiencia Provincial de Alicante by which the Court of Justice was called to clarify whether i) art. 6 para. (1) of Directive 93/13 must be interpreted as precluding national case-law which limits in time the restorative effects of the nullity of threshold thresholds as a result of their finding of abusive nature, ii) national courts may limit the retroactive effects of the nullity of thresholds by applying the criteria (in good faith and the risks of serious consequences) used by the Court of Justice to limit in time the effects of an interpretation of a rule of European Union law and whether iii) art. 6. para. (1) of the same directive and art. 47 of the Charter of Fundamental Rights of the European Union on the right to effective judicial protection are consistent with an automatic extension of the solution limiting the restitutive effects pronounced in a class action to an individual action finding a threshold clause declared abusive. The novelty of the case-law, however, lies in the unpredictable and misleading analogy used by the Spanish Supreme Court to limit the retroactivity of unfair terms by using the criteria applied by the Court itself to limit the effects of interpretation in its own judgments. No less, we will comment on the meanings related to the articulation between the collective action and the individual action, the Court having the possibility in the present case to refine the reasoning set out in Sales Sinués and Drame Ba regarding the legal nature and the relationship between the two actions. Finally, we will draw conclusions from the Court's silence this time regarding art. 47 of the Charter and the correct way in which it should be understood.
    Keywords: abusive clauses, commercial law, Court of Justice of the European Union, mortgage loan.
    JEL Classification:K22, K23, K33
    16. LIMITATION BY THE NATIONAL COURT OF THE TEMPORAL EFFECTS OF THE FINDING OF THE NULLITY OF THE THRESHOLD CLAUSES OR OF THE TROJAN HORSE THAT DID NOT ENTER THE FORTRESS: GUTIÉRREZ NARANJO
        Page 235

  • PhD. student Cătălin-Radu PAVEL
    Abstract:
    The current study aims to present selective aspects regarding the right of a person aggrieved by a public authority and the findings in the Constitution of Romania, in the Constitution of Republic of Moldova and in comparative law. The right of a person aggrieved by a public authority is regulated by the Article 52 of the Constitution of Romania. The right of a person aggrieved by a public authority in Romania ensures and protects the manifestations of will of the citizens in relation with the public authorities, as well as with other rights, freedoms and citizens' interests, thus ensuring a good administration of the state in favor of the citizens. The methods used in drawing up this study are: the comparative method, the historical method, the logical method, the sociological method and the quantitative method. The results of this research have highlighted the findings in the Constitution of Romania, in Constitution of Republic of Moldova and in comparative law about the right of a person aggrieved by a public authority.
    Keywords: the right of a person aggrieved by a public authority, the Constitution of Romania, good administration, the Constitution of Republic of Moldova, comparative law.
    JEL Classification:K10, K23
    17. IDENTIFYING THE RIGHT OF A PERSON AGGRIEVED BY A PUBLIC AUTHORITY IN THE CONSTITUTION OF ROMANIA, IN THE CONSTITUTION OF REPUBLIC OF MOLDOVA AND IN COMPARATIVE LAW
        Page 252

  • Lecturer Nicolae MĂRGĂRIT
    Abstract:
    The means of proof used in criminal cases differ depending on the content of the crime and the circumstances in which it was committed. Each means of proof has its own administration procedures. Thus, the means of proof is a legal category that designates the ways or operations by which the content of the evidence is discovered and valued under the law. The witness's statement, as a means of proof, has been known since ancient times, and can be considered the first means of proof used in judicial probation, because in the periods when those who were literate were few. The doctrine has shown that witnesses are the "eyes and ears" of justice. The reports made by the witnesses, the criminal investigation or court bodies have acquired over time different names: testimonies, testimonial evidence, witness testimony, witness testimony, witness statements, etc. In the Romanian criminal trial, in the current regulation made by the new Code of Criminal Procedure, Art. 97, this means of proof is called the statements of witnesses. The new Code of Criminal Procedure defines the notion of witness as the person who has knowledge of facts or circumstances of fact that constitute the evidence in the criminal case Art. 114. to obtain written evidence were witnesses.
    Keywords: defendant, reading witness psychology, hearing, determining questions, hypothetical questions, repeat hearing, criminalistics tactics.
    JEL Classification:K14, K41
    18. ASPECTS OF FORENSIC TACTICS IN THE CASE OF LISTENING TO WITNESSES
        Page 262

  • PhD. student Alpius SARUMAHA; Lecturer Tunggul Anshari Setia NEGARA; Lecturer Moh. FADLI; Lecturer Herman SURYOKUMORO
    Abstract:
    The People's Consultative Assembly (MPR) is a representative institution which is one of the highest state institutions in the Indonesian constitutional system. MPR Decrees are MPR Decrees to determine the exercise of MPR powers, namely to determine policies on State Policy Guidelines (GBHN). The MPR decree is one of the types of laws and regulations in force in Indonesia. The existence of the MPR Decree in the hierarchy of laws and regulations in force in Indonesia almost always experiences dynamics and ambivalence. Whether it is due to changes in the Indonesian constitutional system, as well as the development of knowledge and knowledge regarding the legislation itself. This raises several problems, both physiologically, juridically and theoretically. The purpose of this study was to determine the legal implications of the existence of MPR decrees in the hierarchy of laws and regulations in Indonesia. This research is a normative juridical research with a statutory approach, a historical approach, a conceptual approach, and a philosophical approach. The legal materials used are primary, secondary, and tertiary law materials with perspective analysis techniques with deductive-inductive reasoning. The results showed that the re-entry of the MPR Decree in Law no. 12 of 2011 as a type of Legislation and its hierarchy is placed after the 1945 Constitution as regulated in MPR Decree No. III/MPR/2000, making the implications of the MPR Decree very large and significant. MPR decrees have again become a source of formal and material law.
    Keywords: MPR, MPR Decree, Legal Implications, Legislation, Indonesia.
    JEL Classification:K10, K19
    19. LEGAL IMPLICATIONS OF THE PEOPLE'S CONSULTATIVE ASSEMBLY PROVISIONS IN THE HIERARCHY OF LEGISLATION REGULATORY IN INDONESIA
        Page 273

  • Lecturer Ovidiu Horia MAICAN
    Abstract:
    The harmonisation of national competition legislation with European Union law has largely been completed in Hungary, mainly by modifying the Competition Act of 1997. The main features of the Competition Act are unfair market practices, unfair influence on consumer decisions, agreements restricting competition (vertical and horizontal), abuse of a dominant position and merger control. In the area of state aid, there is a general prohibition on the provision of such aid, with the reservation that exceptions might be determined by government decrees. In view of Hungary's accession to the EU, from 1 April 2002, further laws have come into force that are to be enforced with the Hungarian Competition Act, creating a double set of regulations. The new rules incorporate certain European competition rules into Hungarian law.
    Keywords: Competition, Hungary, European Union, legislation, harmonization.
    JEL Classification:K21, K33
    20. LEGAL REGIME OF COMPETITION IN HUNGARY
        Page 284

  • PhD. student Detrina ALISHANI SOPI
    Abstract:
    The number of violated and discriminated women in Kosovo has increased in the recent years and as a result also the number of divorces has increased. Even though the laws provide equal gender, a significant number of women have encountered injustice during the division of joint property in marriage, which has imposed the change of family law, through which is done the division of joint property of spouse. The aim of this paper is to evaluate the effectiveness of changing the law that has been made in favor of unemployed women and how it will have an effect on their well-being after divorce. Also, it will assess how this law will be interpreted by judicial bodies and whether this will be a disadvantageous law amendment for women working in public or private sectors, as they work outside the home and make a significant contribution to home affairs. The data to be used will be qualitative obtained from already published documents and data obtained from women who are undergoing or have passed the divorce procedure, the experiences they had and the rights they have earned.
    Keywords: joint property, spouse, equal gender, family law, amendment of family law, spouse contribution.
    JEL Classification:K10, K11
    21. JOINT PROPERTY OF SPOUSE AND ITS DIVISION - THE CASE OF KOSOVA
        Page 293

  • Assistant professor Roxana Maria CHIRIEAC
    Abstract:
    Considering the current COVID 19 pandemic, but not limited to this exceptional situation, contractors can experience different types of setbacks that may result in the impossibility to complete the works they have undertaken by a contract, either in due time, or at all. Positive law institutions, regulated in both common and continental law systems may help adjusting these conditions, taking into account particular situations that constructors might encounter. Thus, generally determined institutions, such as force majeure, hardship, imprevision, frustration or even the impossibility might lawfully intervene in such contracts, depending on the circumstances of each case, and also taking into account the positive law under which the contract is drafted. By this study, we aim to analyze the impact of the above-mentioned institutions on construction agreements, that in general imply a longer execution term and thus, must usually be drafted taking into account these clauses. The study mainly concentrates on the Romanian regulations in force, but also takes into account the international dimension, as we are also looking at common law institutions that are generally recognized by international practice.
    Keywords: construction contracts, force majeure, imprevision, hardship, frustration.
    JEL Classification:K12, K20, K23, K25
    22. CONSIDERATIONS ON THE POSITIVE LAW INSTITUTIONS THAT MAY AFFECT THE EXECUTION OF CONSTRUCTION CONTRACTS
        Page 299

  • PhD. student Gjenis HAXHIMEHMETI
    Abstract:
    Since the war of 1999, the city of Mitrovica in Kosovo is divided into two parts, consequently causing demographic changes. This had imposed the administrative division of the city which through the Ahtisaari Plan formed South Mitrovica with Albanian majority and North Mitrovica with Serb majority. Despite the fact that Mitrovica after the war has always been seen as an Albanian-Serbian dispute, the reality is that in both municipalities are present other communities that participate in the public life of the city. So far, the administrative border line between the two municipalities has not been marked, which is hostage to some disputes for some Albanian villages that are geographically located on the northern side of the Ibar River, but which also belong to the south with the Ahtisaari Plan. This is also manifested in their electoral participation. The method used in the paper is the empirical method, conducting a survey with 100 respondents (50 in South Mitrovica and 50 in the North) with community members with the random method on their knowledge of the participation of the respective communities in municipal institutions. Among the paper I am focusing mainly in the outcomes of the survey which I realized Because the aim of this paper is to pave the way for further studies for whom which will be interested in this topic in the future. The importance of the paper consists in the fact that despite the trumpeting of municipal officials on the participation of communities in municipal bodies and concern with their situation, such field research presents the reality of different communities, challenges in participation and decision-making.
    Keywords: Communities, North Mitrovica, South Mitrovica, municipal bodies.
    JEL Classification:H83, K10
    23. DIVIDED CITY BY WAR, PERCEPTIONS OF COMMUNITIES FOR CHALLENGES AND INTEGRATION. THE CASE OF MITROVICA
        Page 309

  • Assistant professor Xhemazie IBRAIMI
    Abstract:
    This paper is dedicated to the functioning and importance of independent agencies versus balance in the proper functioning of the legal system of the state. Independent institutions are the key element of a functioning democracy. Together with the legislature, the executive and the judiciary they enable a developed system of maintaining balance, increasing accountability and mitigating undue political influence. The challenges that accompany Kosovo's transitional democracy continue to hamper the development of institutions ranging from persistent resource shortages to political interference. The Government and Assembly of Kosovo should lead by example and publicly demonstrate their unwavering support for independent institutions. They must respect their full independence guaranteed by the Constitution and the law. The reasonable legal basis provides reasons for encouragement along with the strong institutional structure that most of the institutions analyzed possess. Otherwise, if current practices continue, then security institutions will have no motive to cooperate with independent institutions.
    Keywords: Assembly, Government, independent agencies, public administration, principles of separation of powers.
    JEL Classification:K23
    24. LEGAL STATUS OF AGENCIES IN KOSOVO
        Page 318

  • Student Umar HUSIN; Lecturer Setiawan NOERDAJASAKTI; Lecturer Nurini APRILIANDA; Lecturer Moh. FADLI
    Abstract:
    Restorative justice is a preventive response to understanding crime in a social context. It is a challenge to unearth the roots of offence and crime to be able to break the cycle. This restorative justice is based on the assumption that the crime originated in a social situation and recognizes that the perpetrator of the crime has also been injured. Therefore, the community must take over the responsibility to improve the condition that has triggered the onset of evil and also work to cure it. International developments in the concept of criminal justice and procedures for handling criminal cases in several countries have been known penal mediation (penal mediation, mediation penal, mediation in criminal matters, Victim - Offender Mediation) which is part of the criminal justice system. Mediation, previously known only in civil law, has been frequently used in some countries to resolve criminal cases. Penal mediation is a manifestation of the concept of restorative justice, which seeks to restore the rights of victims. Thus, restorative justice is based on holistic philosophy. The application of holistic thinking can help strengthen the capacity of the existing justice system. The main challenge in its application in the modern world is how to promote community participation, and at the same time protect the rights and interests of victims and perpetrators who commit offenders. This legal research is normative juridical research, through statute approach, conceptual approach, so that it can get a comprehensive understanding of the construction of criminal case resolution law through penal mediation in the perspective of Restorative Justice.
    Keywords: construction law, restorative justice, penal mediation, criminal law.
    JEL Classification:K14
    25. CONSTRUCTION OF CRIMINAL SETTLEMENT LAW THROUGH PENAL MEDIATION IN PERSPECTIVE RESTORATIVE JUSTICE
        Page 358




The Journal


ISSN 2601-7830  
ISSN–L 2601-7830 
ETHICS AND MALPRACTICE STATEMENT
Assumption of Liability Declaration

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