bluuebunny/crossref_metadata_2025 huggingface dataset:
History, sociology and politics: The strange triangles of Communication Day
Authors: Musaraj Arta
Published: March 2015

Chronicle of a fantastic day, in a Rome invaded by an epochal rain, moving from the “masterly” words of Bauman in Roma-Eur to the pearls of wisdom of another great giant of sociology: Franco Ferrarotti. To discover that sometimes the answers are found in the intersection of unexpected lines.
Science and Religion as Conceptual Schemes
Authors: Marsonet Michele
Published: March 2015

It is claimed sometimes that science on the one hand, and metaphysics and religion on the other, are incompatible conceptual schemes, in the sense that their statements are not inter-translatable. Our view, instead, is that science and religion deal with fundamentally diverse aspects of human experience. This means that, when each field stays within its proper domain, they can get along without problems. We must deny the still popular opinion that science is the only instrument which allows us to know nature. And we must also question the idea that science has acquired the exclusive right to speak about nature by progressively expelling metaphysics from the field. In order to do this one should, however, reject the neo-positivist characterization of the relations among science, metaphysics, theology and religion.
Communication Technologies and the public service: Is it the case of citizens inclusion in the public service standard in Albania?
Authors: Musaraj Arta , Malltezi Argita
Published: March 2015

The Albanian challenges have been insistent not just for domestic researchers, academics, or even Albanian citizens; they pique a lot of people in different geographic positions, first of all, the European ones, because by a strong European drive Albanian progresses have been oriented. This brings a great necessity to watch very close those evolutions, processes and the impacts they have in the Albanian social tissue. At the same time, it is very important to understand what streamline has been followed till now by micro and macro processes which have affected the systems affecting thou the relations between pairs, which not necessarily are being expressed in standards. There is no sustainable change or improvement, if it is not built at the cellular level, and when we talk about the state, institutions and citizens, the way they relate, if it is standardized or not by laws or procedures, it becomes the most important reading that we must do to understand the substratum of those changes. Relations, communications and the future of the communicative situations between citizens and public operators including the public administration during the public service proceedings, indicate the quality and sustainability of Albanian evolutions in social view, as well as the forecasting we can do regarding their impact in the future. To increase complexity, we can add another variable to the communication’s analyses in the public service, which represents an important evolution of Albania in this context, the wide introduction of the Technologies of Information and Communication (TIC) in the biggest part of public service provision. This makes us investigate about effects and impacts they have had during the service delivery. We may judge the transparence’s perception related to how much equal citizens consider they are being treated by public operators, what’s the influence it has in the trust climate, notably on the citizens trust towards public administration, whose salaries are being paid by public and who theoretically must carry over public interest. We may, as well, investigate the impact that this variable has had in the new dimension of accountability which en bloc, associated by an accurate lawful and institutional monitoring, has been very sensitive and actually they represents mayor arguments of social and political debate in the country.
The role of small and medium enterprises in economic development - The case of Kosovo
Authors: Gërgjaliu Thaçi Lumnije
Published: March 2015

During the last fifteen years, significant SME sector was established in Kosovo. A greater dynamic regarding to the registration of new businesses can be encountered in the first three years of 1990’s and in the postwar period that can be considered as reflection of the changing business environment in the respective periods. Private enterprises in Kosovo are established since 1989. But the intensity of registration of SMEs grew separately after 1990 and continued until 1995.At this time companies were mainly organized in the form of households, the crafts, commercial enterprises, small shops, restaurants and agricultural enterprises.The establishment of these enterprises has not been the result of enabling business environment, but it came from the need to create jobs to people whose jobs were terminated form the social enterprises. In Kosovo during the last decade, a valuavle experience was achieved by increasing and development of of private enterprises, small and medium enterprises. Despite the achieved success, private enterprises constantly complain about the difficulties that they encounter when developing their business activities but as an example in Kosovo’s SME we do stil face with higher interest rates when taking loans.Likewise, these private enterprises in the country are still not well enough stimulated due to application of overwhelmed laws. Therefore it is needed a new inventory of legislative developments, but also should be requested the evaluation for the implementation of new legislation.This paper aims to reflect the role of small and medium enterprises in the post war Kosovo in economic development, increase of employment and alleviate poverty, obstacles that they encounter during their establishment and development which affect barrier not to develop entrepreneurship development innovation skills, etc, also some advantages that they assist their funcioning…
The role of entrepreneurship and enterprises for local economic development
Authors: Mustafa Topxhiu Rahmije
Published: March 2015

Most policymakers and academics agree that entrepreneurship is critical to the development and well-being of society. Entrepreneurs create jobs. They drive and shape innovation, speeding up structural changes in the economy. By introducing new competition, they contribute indirectly to productivity. Entrepreneurship is thus a catalyst for economic growth and national competitiveness. The paper presents the theoretical framework of links between the entrepreneurship, enterprises and local economic development through two conceptual models established recently. The rest of the paper presents the importance and measures to be taken to promote entrepreneurship and enterprises at a local level as well as several possible programs that may be included in local economic development strategies so as to support the entrepreneurship and development of small and medium enterprises given the fact that there are crucial factors impacting the economic development of certain locality.
Contribution of Nobel laureates in development of economic thought
Authors: Xhelili Krasniqi Florentina , Shiroka Pula Justina
Published: March 2015

The views of Nobel laureates in economic science belong to different waves of economic thoughts which give the opportunity to become familiar with the controversy developed in the field of economic science and concrete problems that affected the world’s economy in each period. The paper presents a summary of contributions of Nobel laureates in five fields of economic science: in Macroeconomics, Partial and General Equilibrium, Interdisciplinary Research and New methods of Economic Analysis. The focus is mainly in the contribution of Nobel Prize laureates and the year of Nobel Prize Award from 1969-2007. Furthermore, the paper presents the institutional distribution of laureates and their classification according to their life cycle creativity.
Communication as ethical facilitator
Authors: Pomilio Franco
Published: March 2015

The purpose of the article is to offer a reflection on the ethical aspect of communication, more from a practised, experienced perspective than according to abstract models characterised by theoretical regulation and definition. Specifically, through references to the crisis of confidence that is currently sweeping Europe, it will attempt to show how communication can constitute a natural place for training and cooperative construction of new values and principles of ethical and moral regulation across the various fields of social activity, from the world of enterprise to that of institutions.
A Limited View of Realism
Authors: Marsonet Michele
Published: March 2015

In the paper we argue that no neat border line between ontology and epistemology can be drawn. This is due to the fact that the separation between factual and conceptual is rather fuzzy, and the world is characterized by a sort of ontological opacity which makes the construction of any absolute ontology difficult. Our ontology is characterized by the fact that the things of nature are seen by us in terms of a conceptual apparatus that is inevitably influenced by mind-involving elements, and all this has important consequences on both the question of scientific realism and the realism/anti-realism debate. Conceptualization gives us access to the world, while, on the other, it is the most important feature of our cultural evolution. While the idealistic thesis according to which the mind produces natural reality looks hardly tenable, it is reasonable to claim instead that we perceive this same reality by having recourse to the filter of a conceptual apparatus whose presence is, in turn, connected to the development of language and social organization. Our science is essentially relational, and not absolute. The information with which it provides us is appropriate, but from our point of view. Science provides reliable information on the world, but this information is always relative to a particular framework, and it is a mistake to think that the limits of our cognitive capacities only have an aprioristic character. Science constantly attempts at providing answers to our questions about how things stand in the world, and thus purports to offer reliable information about it. But it should also be recognized that the extent to which science succeeds in accomplishing this task is disputable. What kind of realism, thus, can we actually endorse? Despite what many relativists claim, realism still is an arguable and defendable position. If one asks what difference is made to our knowledge claims if we accept the existence of an extra-conceptual world, the answer is the following: such recognition undermines the diffused anthropocentric stance which identifies reality with our limited knowledge of it.
Transparency and public participation: The Albanian case of Open Government Partnership
Authors: Pollo Genc
Published: March 2015

Increasing real public participation in governance and decision making is one of the greatest challenges of modern democracies as well as of these countries seeking to elevate their level of decision making and effective participation of public and citizenship in these processes. The widely dissemination and usage of communication technologies as well a greater pressure from the public for a greater accountability towards their governors, changes the shape and tools of governance, by changing initially the philosophy of and mindset of decision makers and policy maker as well. At the same time, this calls for a revolutionary way of powers distribution in governance processes by bringing more power in the hands of public, starting by an increased transparency and aiming a real and functional participation. The case of Albania, certify how policy makers good will and successful application of best practices, can accelerate democratic processes and increase resources for a better decision making and decision application as well. The paper makes a historic and political reconstruction of the OGP process and practices by projecting the effects and potential outcomes of this governance philosophy in the Albanian social tissue and set up, taking in consideration of the political system and the governance philosophy in Albania 2011-2012.
Refugees in Italy: a pilot study of their reception and integration process
Authors: Di Castro Gaia
Published: March 2015

This paper represents the preliminary analysis of a pilot research carried out by CIR and the Department of social Studies of the University of Rome “Sapienza” (together with Italian non-profit organisations) on the level of integration of beneficiaries of international protection (both refugees and beneficiaries of subsidiary protection) who had been living in Italy for at least 3 years. The pilot research described has been conducted under the Project “Le strade dell’integrazione” (The integration paths), co-financed by the European Union and the Italian Ministry of Interior under the European Refugee Fund 2010 – Action 2.1.A. Individual interviews and focus groups have been carried out in 7 different Italian territories, involving both beneficiaries of international protection and operators working with them. Questionnaires have been administered at national level. The preliminary analysis presented in this paper refers to some territories and to the partial material available. In the conclusion, results are discussed and recommendations for the final analysis are offered.
Albania: a nation of unique inter-religious tolerance and steadfast aspirations for EU integration
Authors: Melady Thomas Patrick
Published: March 2015

Religious freedom has been always considered as a strong indicator democracy and institutional set up in a country. Ex- communist countries in their efforts to set up a state of law and foster democracy, particularly, are more sensible toward indicators such as religious freedom, tolerance and diversity considering them strong components of their social tissue necessary to set up a functional democracy. Their past legacy and history, are strong factors influencing their present and future. Analyzing the past, present and future of a country’s religiosity, religious freedom and tolerance, represent a valid contribution not only in terms of social assessment. They also compound a first layer for policies and strategies to create open societies and reinforce the institutional set up and rule of law. Albania, among these countries, represents a very unique case of variation in attitudes and relation toward religion along history. But a strong tolerant component characterizes the overall perception and behavior toward religious diversity. A historic, politic and social analysis of the Albanian case of religious tolerance and co-existence, necessary to understand the real western inspiration of the country and its democracy’s future, is the biggest contribution of this paper.
The phenomenon of translatability in the Europeanization of the Law
Authors: Olldashi Enkeleda
Published: March 2015

The integration of legal systems in European is one of the most important issues. This process has started by the fact that there are significant differences between the civil law and common law system and between the legal families in it. A law (at domestic or international level) should not be viewed against the backdrop of the historical, political, cultural, social and economic context in which they function. In order to shed further light for our readers, we analyze by emphasizing the significant differences between the civil law and common law system on one side and the legal families that are part of the same legal system, either “Civil” or “Common,” on the other side. The Europeanization of law refers to the communization of the law by EU institutions and to a process that aims at creating a common Europe legal system. In the end, either in medium or long term, the Europeanization is contributing to the so-called non-mandatory or soft harmonization of private law. It is in the best interest of the EU to seek adequate judicial instruments to accommodate the massive numbers of laws deriving from different Civil Law and the Common law systems.
Terrorism, War and Conflict, an analysis into the Horn of Africa - Al Shabaab in Somalia; US and UN efforts to reduce violence
Authors: Tase Peter
Published: March 2015

Somalia has been one of the UN member countries who lingers from the presence of terrorist groups in its territory, that exert tremendous influence in the daily life of its society and economy. Al Shabaab is well known in the horn of Africa, particularly in Somalia, for its terrorist training and strong affiliation with other terrorist groups in Nigeria and Al-Qaeda. The Harakat Shabaab Al Mujahidin, also known as Al-Shabaab. has completely controlled the central and southern part of Somalia including some of its important sea ports, which are vital for the country’s economy. Although Ethiopian and Somali military forces attempted to rout the group in a two week war between December 2006 and January 2007, Al Shabaab, with its 14,500 militants, still continues to maintain control over strategic locations, not only in Somalia, but also throughout the horn of Africa. The paper delves into the recent events and attacks either undertaken or influenced by Al-Shabaab, including a snap shot of its threat to humanitarian aid personnel as well as the Africa Union troops who are desperately trying to lower the intensity of conflict along the Somalia Kenya border area and Al-Shabaab’s actions to secure financial resources.
The right of social insurance as constitutional right and as an important right arising from labor relations - An overview of the framework of social insurance in Albania
Authors: Selita Mirela
Published: March 2015

Social insurance is part of social security which consists as well as of social assistance and services, health services and health care insurance. Everyone has the right for social insurance when retired or in case of incapacity of work under a certain system established by a law. The right of social insurance is part of labor rights. In Albania the mandatory social insurance scheme is based on the pay-as-you-earn principle, on the awareness of the individual about the risks in social field in its future and in the principle of agreement between generations. This is a scheme financed out of contributions from the employers, the employed persons and self-employed. The benefits are provided in case of sickness, maternity, old-age, disability, loss of breadwinner, employment accidents/occupational diseases and unemployment.
Development of Higher Education in Albania: The Case of the Public University Libraries in Efforts to Build Digital and Electronic Services for the Academic Community
Authors: Haska Erena
Published: March 2015

Between the obligation of carrying out their mission to ensure the quality development of higher education and the right to function as important centers where knowledge is taken, developed and transmitted, this paper will examine the technological developments of university libraries as an important part of higher education. Digital and electronic experiences applied in Albanian universities libraries will be brought to the attention of the public. This paper is based on the questionnaire survey conducted at public university libraries in Albania. Opinions of librarians regarding ICT application were elicited using a structured questionnaire, followed up with interviews. In the case of non-response by libraries is consulted their official web sites to have a more complete information. In addition, secondary sources were consulted as domestic and foreign literature in this field. Results show that: 1) the level of application information technology in public university libraries in Albania is acceptable. The most important and serious problem is the lack of the unique University Library ICT Policy; 2) serious handicap is the lack of educated librarians in using information technology; 3) the proportion of university library activity goes more digital, so the digital collection becomes reality in the public university libraries. This paper brings conclusions that contribute to: a) national information communication technology policy for university libraries and b) the creation of an integrated system for management and transmission of knowledge at the national level for all Albanian university libraries.
Sexual orientation, gender identity and non-discrimination - The Albanian labor legislation and its effects on employment and vocational training potentials
Authors: Shtylla Albana
Published: March 2015

Albania is undergoing an important moment in its integration process to European Union. In this context, the Albanian legislation should compare with the best international standards, in guaranteeing the implementation of the rule of law, democratic principals, the citizen’s equity and the observance of fundamental human rights and freedoms. The promotion, protection and the guaranteeing of the fundamental rights and freedoms of the individual, including the LGBT person’s rights, must have the same attention and consideration, irrespective of the fact that the individual is being part of a social minor group, or part of the majority of the society. The community of the Lesbians, Gays, Bisexuals and Transgender (LGBT) in Albania, based on the legislation in force, should enjoy equal rights and freedoms like all other members of the society. The Constitution of the Republic of Albania, the Albanian labour legislation and the legislation generally, are inspired in accordance with the non-discrimination principles, objectives and definitions of international acts, promoting and expressing protection of human rights and freedoms in general, and in particular in the field of employment and vocational training. This paper will analyze, if the sexual orientation, is one of the causes of discrimination for employment and vocational training, in Albanian legislation, especially how it is expressed this issue on the Constitution of the Republic of Albania, the Albanian Labour Code, the Albanian law “On the protection against discrimination” ect.
Earnings Management: Obvious Phenomenon in Albanian Market
Authors: Llukani Teuta , Karapici Vjollca
Published: March 2015

Fiscal earnings, measures the performance of the company during the financial year. Motivated by different factors such as those related to the capital market, contractual motives etc, managers can manipulate earnings, increasing or reducing them and this phenomenon is recognized as “earnings management”. If we accept that the initiatives of “earnings management” lead to distortion of the financial results, it means that financial reports can be considered as poor quality reports, and financial information provided to the users and various parties of interest is also of poor quality. This paper is focused on reviewing the existing literature with regard to the Earnings Management in response to the growing pressure of investors, policy makers, and companies’ governance reform mechanisms to curb opportunistic behavior of the managers of these companies. It also examines the existence of this phenomenon in Albanian context as well as tests the importance of Modified Jones Model as an efficient tool for detection of abnormal accruals, used as a proxy for earnings management. The results show that firms in the Albanian market are engaged in earnings management initiatives.
Human Rights of Irregular Immigrants: A Challenge for the Universality of Human Rights
Authors: Ikonomi Luljeta
Published: March 2015

Irregular immigration is a phenomenon with a substantial impact for the majority of the countries. The paper analyses whether there is an adequate human rights framework for protection of irregular immigrants or whether the irregular status exempts the migrants from the protection of international human rights law. If this is the case, then the human rights universality has failed. The paper takes into consideration the developments in the International and EU Law, as well as in the jurisprudence of the international tribunals regarding protection of irregular immigrants. It is divided into three main sections. The first section informs briefly on the dynamics of irregular immigrants; the second section analyses the legislation on irregular immigration from the perspective of the state sovereignty, the third section analyses the human rights law and the protection it affords to irregular immigrants, pursuant to the interpretation of International tribunals.
Immigration and education in the US. A sociological glance - A path towards equal opportunites.
Authors: Panza Silvana
Published: March 2015

This paper represents a socio-political process synthesis concerning integration in the US, as one of the first countries to experiment multicultural practices and realize a multiethnic consciousness, for overcoming the social discrimination. It explains how, in more than a century of social and political activism, has almost been impossible to eradicate completely the racism stronghold, creating a civic consciousness. At this point, can we think about racism phenomenon as a biological matter? Actually, as explained by R. Siebert (Siebert, 2001), the racism has grown up in the collective imaginary as something that belongs to the humans naturally. It is just a historical process of Modernity, appeared in the west territories. The US, as this paper highlights, are an example of how the racism is connected to the historical events.
The Differences in Students’ Financial Literacy based on Financial Education
Authors: Nano Dorjana , Cani Shkelqim
Published: March 2015

This paper examines the differences in Financial Literacy among Albanian university students based on their financial education. The main objectives of this study are: i) firstly, to assess the level of financial knowledge, financial attitude and financial behaviour, and to make relevant comparison based on students financial education; ii) secondly, to evaluate an overall score of financial literacy and to investigate its difference among students who are financially educated and their counterparts; iii) finally, to provide some conclusions and policy implications with regard to financial literacy. A total of 607 students from five public and three private universities in Albania participated in this research. The outcome shows that student’s financial behaviour does not differ based on their financial education. In addition, non-financially educated students appear to demonstrate better financial behaviour. Finally, students who have taken a personal financial course are shown to be more knowledgeable and financially literate than their counterparts. This study paves the way for future research in Albania.
Albanian legal framework on Factoring contract
Authors: Liçenji Anjeza , Katro Kestrin
Published: March 2015

Factoring contract is a new phenomenon, compared to earlier forms of commerce in juridical circulation. Factoring is a method used by a firm to obtain cash when available cash balance, held by the firm, is insufficient to meet current obligations, and accommodate its other cash needs, such as new orders or contracts. The use of factoring to obtain the cash, needed to accommodate the firm’s immediate cash needs, will allow the firm to maintain a smaller ongoing cash balance. By reducing the size of its cash balances, more money becomes available for investment in the firm’s growth. A company sells its invoices at discount to their face value when it calculates that it will be better off proceeding to bolster its own growth than it would be by effectively functioning as its “customer’s bank”. Many businesses have cash flow that varies. A business might have a relatively large cash flow in one period, as well as a relatively small cash flow in another period. Because of this, firms find it necessary to both keep a cash balance on hand, and use such methods as factoring, in order to enable them to cover their short term cash needs in those periods in which these needs exceed cash flow.
The necessity of Intercultural Communication for a peaceful world
Authors: Scannavini Katia
Published: March 2015

Our times are often referred to as the new world order with its new economy. What this means is that capitalism has been restructured on a global scale, and people of widely different cultural and linguistic backgrounds have been thrown into contact more than ever before. Cultural contact may occur in the flows of information and mass media, as well as in the flows of actual people in migration. Given the ubiquity of cultural contact, mergers and hybrids, it is unsurprising that there should be a strong interest in intercultural communication. If intercultural communication is an exchange of stimuli, data and information through an interaction between individuals came from different local communication contexts, we can daily come across this type of communication process. Sociology as a discipline makes an important contribution to the study of intercultural communication: it is the key contribution of discourse analysis to take culture as empirical and cultural identity, difference and similarity as discursive constructions. Moreover, to investigate whether it is possible to avoid any of the problems of intercultural communication, it is suitable to start with the communication situation itself and analyze why misunderstanding and conflict arise. Today a new form of communication is necessary; it should take itself away from the temptation of merging, tolerating and joining together different cultural realities. Intercultural communication today moves towards an horizon much more complex, which offers a new interpretation: in fact it is necessary to promote cultural coordination and cooperation.
Electoral Offenses in The Common Law System
Authors: Mulaj Vladimir
Published: March 2015

Electoral behavior is a new element in the political analysis of democracy in Albania. Distinctive features of the Albanian transition distinguish other models of the former communist countries, as well as significantly differ with Western models and electoral behavior analysis of the relations between political actors and citizens voting. Penal Code of the Republic of Albania remains the basis of criminal law to sanction criminal acts in the election. The object of criminal misconduct are directly related to the normal criminal and legal protection and free elections as well as the Albanian Constitution provides all these obstacles to electoral subjects committed by force or by any other means which directly affect the normal performance electoral system. Barriers can be done with physical or psychological, and consists in blocking commissioners election materials, election materials decay affecting decay electoral system unfairly supported a particular political party or a coalition of political parties that present list candidacy according to the rules defined in the electoral code. Albanian Constitution as the fundamental law of the Albanian state provides for the rightness of the equality of the vote for all Albanian citizens The vote is the democratic way that every citizen expressing the opinion and its political will but to have democratic value ratings should be personal equal, free and secret. The right to vote is a political right provided by the Albanian Constitution and the Universal Declaration of Human Rights and as such is closely linked to democracy, the sovereignty of the people and citizens. Total vote, or the right to get to the polls all Albanian citizens, men and women, and in fact is the greatest achievement of the twentieth century. According to the Electoral Code of the Republic of Albania every citizen exercises his right to vote at his polling station, where placed under citizen’s location criteria. Voting centers organized in such a way as to facilitate the voting process and ensure the secrecy of the vote. Democracy lives by opinions competition. In all areas of society, in the family and at school, association and enterprise, democracy needs a social climate which stimulate open discussion on the differences of opinion.
Albanian migration during the post communist transition and the European integration in global era - An intercultural reflection
Authors: Leka Agim
Published: March 2015

Migration is a human experience, which has arisen and developed in relation to the human society itself. In our era, immigration is associated with the integration and the globalization. Immigration is a modern intercommunications between cultures in a world increasingly with more multicultural, or in a world with a hybrid culture. Western multiculturalism as a space wherein the Albanian cultural integration moves. After the collapse of the communist system and coincidental that occurred the great things happening in the xxi century, the immigration can be a field study by the Transitology At the time when the crisis of philosophical thought is present, this phenomenon can be studied by a reflective philosophical thought (philosophy reflective) In this paper I am focused on Albanian emigration. Even and in the case of Albanians immigration is a similarity to the historical processes of Jewish people. Albanians have realized two tragic exodus mythical proportions: on xvi century to the Italy and on 90th years of xx century to the Greece The causes of this exodus were political reasons: In the first case (xvi cent.), was the Ottoman occupation of Albania. In the case of the 90th years of xx century, was the Albanian idolatry, atheist, and socialist totalitarian regime. Nowadays Albanian emigration continues, and the main cause is the economic and social. Integration as a cultural movement of the identity: Albanian integrating movement. Identity is a process, a movement where function three vectors: identity, being time and space. Integration is analyzed as a category which functions in relationship with identity Europe was more than an old house for Albanian emigrants. It was a new relationship. It was the new unknown culture. This road passes between assimilation and isolation. The most useful and the most effective vehicle of integration is the adaptation of immigrants. The integration and returning in home in time of globalization are not divided. On our days the key “returning in home” has a new dimension. In the global era between the individual and the fatherland (motherland) has a spiritual cultural relations. This relationship is there an ideal content. It is an eternal bond and is not as dependent on material factors. Integration of migrants passing through colliding positives and negative; progressives and regressive. The religion identity of Albanian is not any essential structural component of their identity. The religion of Albanians as a part of their culture. This tendency of European society is an integrating space for Albanians. So unlike all Muslims of other countries, Albanian Muslims are integrated quickly and easily to the European secularist environment.
The culture of referendum in Albania: Technical and theoritecal reflections on the abrogative referendum
Authors: Pajo Bala Valbona
Published: March 2015

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 very much room for discussion in that regard, the paper, through a comparative approach on the referenda culture in other european states, aims at offering to the reader a more complete view on the mechanisms and guarantees enjoyed by voters and the effective way of their use, in order to give life to the direct democracy, but without replacing the representative one. In addition, part of the analyses will be the powers of the Constitutional Court for the ex ante constitutional review of the issue subject to a referendum, the review of constitutionality of the referndum and of its results. In this context, the paper will focus on the constitutional case-law as a tool for increasing the referenda culture and shaping the constitional order, as well as a source of standards and values. Another objective of the paper is to open a discussion on the need for the reception of referenda-related standards elaborated in those European countries, where the culture of helding a referenda and the case-law on the regard is enriched and may serve as a qualitative basis for further reference.
Justiciability of Economic, Social and Cultural Rights
Authors: Daci Jordan
Published: March 2015

Human Rights are natural rights that nature has given to all human beings and are inseparable, undividable and inalienable from human beings. They are vital, necessary and indispensable to a modern society, which without them would be unable to function and cannot be developed. From another perspective, “human rights are indivisible rights on individuals, based on their nature as human beings; they protect these potential attributes and holdings that are essential for a worthy life of human beings”. Human Rights in general and especially ESCR would be just illusory if they wouldn’t be justiciable. In relation to civil and political rights, it is generally taken for granted that judicial remedies for violations are essential. Regrettably, the contrary assumption is too often made in relation to ESCR. This discrepancy is not warranted either by the nature of the rights or by the relevant Covenant provisions, but is rather a result of states’ attempts to justify their failure to perform their obligations under ICESCR.
Second world war, communism and post-communism in Albania, an equilateral triangle of a tragic trans-Adriatic story. The Eftimiadi’s Saga
Authors: Muner Paolo
Published: March 2015

The complicated, troubled and tragic events of a wealthy family from Vlorë, Albania, which a century ago expanded its business to Italy, in Brindisi and Trieste, and whose grand land tenures and financial properties in Albania were nationalized by Communism after the Second World War. Hence the life-long solitary and hopeless fight of the last heir of the family to reconquer his patrimony that had been nationalized by Communism. Such properties would have been endowed to a planned foundation, which aims at perpetuating the memory of his brother, who was active in the resistance movement during the war and therefore hung by the Germans. His main institutional purpose is to help students from the Vlorë area to attend the University of Trieste. The paper is a travel in time through history, sociology and the consolidation of a state’s fundamentals, by trying to read the past aiming to understand the presence and save the future. The paper highlights the need to consider past models of social solidarity meanwhile renewing the actual one. This as a re-establishment of rule and understanding, a strategy to cope with pressures to renegotiate the social contract, as a universal need, by considering the past’s experiences as a firm base for successful social interaction. All this, inside a story which in the first look seems to be too personal and narrow, meanwhile it highlights the present and the past in a natural organic connection, dedicated to a nation in continuous struggle for its social reconstruction.
Common Health, Safety and Environmental Concerns in Upstream Oil and Gas Sector: Implications for HSE Management in Ghana
Authors: Oppong Seth
Published: March 2015

This paper explores the literature to identify common occupational injuries, diseases, and psychological wellbeing on oil rigs as well as the negative environmental impacts of the upstream oil and gas sector. It ends by making recommendations for effective health, safety, and environmental (HSE) management. Review of the literature showed that contusion (bruise), cuts, and laceration are the commonest occupational injuries that workers on the oil rig suffer and that the injuries mostly affect the hand and finger, leg, and eyes of the offshore workers. These injuries were found to be caused mostly by direct stroke, jamming and overstrain. Similarly, accidental poisoning, musculoskeletal disorders, respiratory disorders and diseases of the digestive system were also documented as the commonest occupational diseases among offshore workers. The literature also shows that working offshore is associated with poorer psychological wellbeing or health; this is to say that offshore workers tend to experience higher levels of stress, burnout, anxiety, depression, low job satisfaction (particularly with the environmental conditions associated with their work), and sleep disorders. Finally, the literature review indicated that land-use problems, air pollution, acid rain, climate change, habitat disruption, environmental degradation, oil spills and leakages are some of environmental impacts of upstream oil production. This review was concluded by recommending some measures for the management of the HSE hazards associated with the oil and gas sector.
Albanian Higher Education Strategy
Authors: Olldashi Enkeleda , Koka Enkelejda
Published: March 2015

Since its inception, the governments of 29 European countries (member states of the Bologna Declaration in 1999) had as their main target the creation of a common and coherent system of Higher Education Area in Europe (EHEA). The main intention for the creation of a ‘European Education Area’ was the fostering of student mobility and employability in order to strengthen competition and to make the European Higher Education more attractive. The main focus of this paper is the analysis of the National Periodic Reports for the period 2004-2009, the Albanian National Strategy for Higher Education 2014-2020, and a study on the presence of Quality Assurance Institutions in Higher Education, based on the report from the Education, Audiovisual and Culture Exécutive Agency. The methodology chosen by the authors of this paper is to divide into four groups the countries that have established a national or private Quality Assurance Institution as part of their higher education system in order to assess whether the existence/presence of such institutions act as key instruments to ensuring the quality of higher education. It is recommended that Albania even though listed in the group of countries establishing a National Quality Assurance Agency, can ‘maybe’ follow the model of those European countries that have established a further Private Quality Assurance Agency in addition to the National Quality Assurance Agency. It is believed that the further establishment of a carefully chosen private quality assurance agency (ENQA or EQAR) would ensure quality and guarantee transparency in higher education.
The administrative review of concession agreements
Authors: Hajdari Fatmira
Published: March 2015

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 contract vis-a-vis other civil contracts. This procedure is provided for under the Public procurement law. Consequently, all agreements stemming from the exercise of the concession agreement are regulated according to the modalities defined in this law. According to the Public Procurement law, administrative reviews represent the first obligatory instrument used in defense of the rights that parties claim to have been violated or otherwise infringed. The administrative review is the scope of this paper, with the view to clearly determining the administrative entity where the appeal will be addressed to, the subject matter of the appeal, and the legitimated subject, as its integral part. The role of the Public Procurement Commission and its competencies during the process of the administrative review represent another aspect. The practice of concessionary agreements in Albania is only in its early steps of development. Furthermore, the legislation that provides for the concession agreements has suffered changes to reflect the international legislation. All of which have led to the case law encountering various issues, which we have only humbly tried to reflect in this paper, while also providing our opinion with regard to addressing them.
Simulation Analysis of the Effects of Increased Foreign Ownership on Wage Inequality
Authors: Zulfiu Alili Merita
Published: March 2015

Transition countries have, in general, experienced an increase in labour market inequality during and after the initial transition period. Theory and empirical studies analysing the causes and mechanisms of increasing inequality in transition economies identify globalisation, skilled-biased technological change, differences in access to schooling, the pattern and level of unemployment and institutions as important factors. Foreign direct investment (FDI) has increased significantly in transition economies during the transition period and has been considered to be an important channel for the diffusion of new technology, managerial skills and new knowledge. As a result of technological and management expertise FDI may raise the level of wages in the host economies, improve working conditions and increase employment, though little previous research has focused on these effects in transition economies. Using the GINI coefficient as the measure of wage inequality a simulation analysis indicates that the net effects of FDI on wage inequality will depend in part on country specific factors, namely how large are the differences in skilled and unskilled wages, the skill-intensity of employment in foreign-owned firms compared to domestic ones and the relative size of the foreign-owned sector.
Family law matters in a European dimension - A comparative perspective between Brussels II bis Regulation and the new Albanian Act on private international law.
Authors: Qarri Eniana
Published: March 2015

This paper aims to analyze to the regulation of the family matters in the EU “acquiss communautaire” regarding marriage, dissolution of marriage, marital property regimes and parental responsibility. The European Union law of these recent years has shown some increasing trend of intervening in the regulation of family relationships. Community acts in the area of family law are the acts for the recognition of the foreign judicial decisions and for the jurisdiction criteria as well as finally the uniform conflict rules, but no material acts. Thus, this is about rules which exclusively regulate only the international cross-border family matters, leaving unregulated the core of the family matters. The regulation of these cases aims to create, maintain and develop a common area of freedom, security and justice, with a view to the well functioning of the common European market. In accordance with the power provided by the EU Treaty, the European Commission has adopted the Regulations Brussels II bis and Rome III. Also the paper will focus in the study of the institute of marriage and parental responsibilities in the cases of marriages with foreign elements, seen in the framework of the new Albanian Act “On private international law” compared to the previous law and compared with the EU regulations Brussels II bis and Roma III.
The Development of Private International Law in Albania
Authors: Mucmataj Ilda , Danaj Lorenc
Published: March 2015

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 judges, because they are the ones who should solve cross-border disputes submitted to them, which affect the personal lives of individuals and their businesses. Judges are precisely those who, with their work, should increase the confidence of the parties and the public, both within the community of their country and in other countries. However, in a broader view, not only lawyers but all legal subjects must have general knowledge in this field in order to perform effective agreements. Thus, through this article we aim to shed light on the regulation of private legal relations that are characterized by a foreign element, presenting innovations brought by Law No. 10426 ‘On Private International Law’ which entered into force on 02.06.2011.