History and Development of Marital Property Regime in Albania (Published)
This article aims to shed light to the history and development of property regimes in Albania by analyzing marital property regime since the approval of the Civil Code in 1929, the Code of 1966 and 1982, while comparing the current Code of family, without putting on the side some comparing observations of the marital with loyalty, that of the power between a man and woman, this because of the conservatism of the society at the time. While between 1948-1966 accorning the development of the property regime of marital, it is noticed that the development of the relationships in the field of property, where the main characteristic is following the constitutional principle of gender equality. The main form of co-ownership predicted in the Codes of the time is that of total co-ownership. In 1981, in the dispositions of Civic code of the family, codes that entered in force in 1982, pushed by the new “moral-humanist” requests to ensure a real solidarity between the consorts, it was imposed to them the unique marital property regime, that of co-ownership.
Keywords: Albania, Development, Regime, history, marital property
Historical Development of Disciplinary Responsibility (Published)
This article brings to attention one of the most important institutions of the relationship with work, specifically disciplinary responsibility. Through time, the several changes in work legislation, brought the evolution of the concept of this institution, adapting even to the dynamics of the society. Concretely, this article will handle the historical development of disciplinary responsibility and the meaning of the institution of disciplinary responsibility. The disciplinary right, according to the right to work of the Republic of Albania, represents the total of juridical norms that put an internal order at work, enterprise, institutions, norms that are sanctioned and compulsory for the workers, as well as measures that ensure the compliance of these norms. In domocratic societies, the discipline of work moves toward a conscient and voluntary character, different from the dictatorial society, where work discipline represents a discipline dictated, even more through violence and psychological pressure. The aim of the dispositions in the field of discipline of work is regular reinforcement and organization of work, minimization of antidisciplinary demonstrations, of indifference and anarchy at work.
Keywords: Albania, disciplinary, historical development, responsibility
Media Industry in the Light of the Judiciary Independence in Albania (Published)
The historical changes in our country as those of world historical periods of time have influenced considerably in the media evolution. The masmedia service as a service offered by third parties, with no participation from state, has been concessed to the private sector upon a rigid rule of the respect for the principles in a democratic society. The service of masmedia has some given features such as: (i) It is offered in respect of the public interest (ii) It is offered from the private profitable sector (with the exception of the state/public institutions) (iii)It should function as a watchdog of the other 3 state pillars executive, legislative and judicial. (iv) is should have an informative, educational, entertainment, investigative, cultural, scientific according to the characteristics of the community in a countr (v) It should be independent from any intervention. Media is established in the form of a commercial company, such form been given in accordance with the will of the founders, (members, shareholders, societies) as well as in accordance with the legal requirements. Most of the countries legislation require for a company that offers media service to be registered in the form of a shareholder company (joint stock).
Keywords: Albania, Business, Freedom, Judiciary, Media, Speech
Racial Discrimination in Albania and the Role of the Commissioner of Protection against Discrimination (CPD) Analysis of Cases of Racial Discrimination Time Period 2010-2014 (Published)
A large number of studies link the dynamics and trends of racial discrimination with the shield that the legal framework or political activity of the judicial institutions at the national, regional, or global level provide. The effect expected from the improvement of laws that determine the cases and precede the limiting of cases of racial discrimination and with the undertaking of concrete actions to protect individuals and groups exposed and vulnerable to racial discrimination, is the reduction of the level, types, shapes, and cases of racial discrimination. Despite this expectation, in Albania, although the legal framework and the concrete actions since a decade ago have marked improvement in the attitude, treatment and protection of discriminated individuals or groups because of their race, data from the institution of the Commissioner of Protection against Discrimination show a growing number of cases of racial discrimination during the period 2010-2014. What can explain this paradox? This paper examines racial discrimination in Albania in the light of the relationship between three internal factors: the legislative, the executive, and the Commissioner of Protection against Discrimination. Based on the data analysis, this paper argues that the increase in cases of racial discrimination in Albania, more than the result of the weak impact of the legislature and executive, is a result of the increasing role of the Commissioner of Protection against Discrimination (CPD) and it is the expression of two trends, one in the short-term plan, and the other in the long-term plan. In the short term one, growth in the number of cases of racial discrimination is explained with the growth and strengthening of the role of such internal factors. In the long run, the decline in the number of cases of racial discrimination is explained with the impact that internal factors such as CPD exercise on the activity of political and legal factors as the legislature and the executive.
Keywords: Albania, Commissioner of Protection, Racial Discrimination