Law Commons^™

Justice Reform And The Constituitional Court, Noela Ruço

UBT International Conference

During these years Albania has experienced numerous political, economic and social developments, which naturally have been accompanied with certain developments in the legal framework. Not only were these initiatives about the adoption of different legal acts, but also about the practice of state institutions themselves in the materialization of the law in general and the constitutional law in particular. The activity of constitutional institutions, especially the constitutional control exercised by the Constitutional Court, during these years has highlighted some of the issues needed to be reviewed by the constitutional lawmaker in the framework of the justice reform. The constitutional amendments …

Associations Of Municipalities In The Republic Of Kosovo, Ramiz Fazliu

UBT International Conference

The subject of this paper are the forms of cooperation and partnerships of municipalities, respectively the establishment of associations of municipalities in the Republic of Kosovo. Currently in Kosovo is the Association of Kosovo Municipalities and it is expected that the Association of Serb-majority Municipalities will soon be established the result of the Brussels Agreement, reached in the negotiations between the delegations of the republic of Kosovo and Serbia. In addition, the legal and constitutional basis for the establishment and functioning of these associations and their position in the legal system of Kosovo is analyzed and treated. Municipal Associations, their …

Human Rights, Flora Kadriu

UBT International Conference

The aim of this paper is to look into the topic of human rights; consequently showing that the fight for recognizing the cultural identity develops through the system of human rights. Specifically speaking, the latter is achieved through civil and political rights, individual rights, and I generation. The collective practices of the cultural self-identification of the individual develop exactly through the civil rights, namely speaking the right of self-determination. The collective practices also influence and determine the political system. Therefore, in this paper I direct the tone towards the democratic form of the political system of the segmented or the …

Process Of Decentralization In The Republic Of Kosovo, Agni Aliu, Artan Tahiri

UBT International Conference

The subject of the study in this paper is the process of decentralization in the Republic of Kosovo and the obstacles faced by this process. The Republic of Kosovo is one of the world's newest states, so it is natural to face a numerous complex problems in local government in general, while special attention should be paid to the process of decentralization.

The decentralization process should be well analyzed by comparing with some notions such as: Local Governance and its Basic Characteristics, Democracy, Centralization, Non-concentration, etc. This process implies the transfer of competencies from central government to a certain degree …

The Actual Paradigm Of Freedom Of Movement In The Context Of Eu Migrants Rights, Elitsa Kumanova, Zornitsa Yordanova, Elina Marinova, Doroteya Dimova-Severinova, Ivelin Velchev

UBT International Conference

The purpose of this paper is examination of the current dimensions of the freedom of movement of persons in the EU, which is a milestone in the construction of the European space. The refugee wave in the last decade, following the onset of the "Arab spring", has raised new questions about the rights and status of persons, who had left their countries because of military conflicts or civil wars and sought asylum in EU countries. Bulgaria has been unprepared to respond adequately to the protection of the EU's external border from illegal immigration and has rethought key issues such as …

The Impact Of Public Interest In The Information Privacy: Analyze Of The Echr Decisions, Jorida Xhafaj, Almarin Frakulli

UBT International Conference

The main object of this paper is the tender balance that exists and arises even more between the use of personal information that people provide in the course of most public security actions and privacy. This study analyze the most famous and strong related decision of the European Court of Human Rights, with the aim to give our opinion how has to be understand the barrier between the power of individuals over information and the power of public institutions to guaranties security.

The protection of personal data is of fundamental importance to a person’s enjoyment of his or her right …

The Right Of Use Of Albanian Language As Official Language In Macedonia: The New Draft Law, Its Content, Advancement And Comparison, Bekim Kadriu, Ylber Sela

UBT International Conference

The use of Albanian language as official language in Macedonia has been a challenge especially after the Ohrid Framework Agreement (OFA) in 2001. Before 2001, Albanian language was defined as an official language and was used only in private matters as well in primary and secondary education. With the OFA and Constitutional changes in 2002, the language that is spoken by 20% of the population in the country was defined as an official language, but it’s application in practice was left to be regulated by e specific law. The law was adopted in 2008, 6 years after the constitutional changes. …

The Definition Of A 'Place Of Effective Management' At Article 4 Paragraph 3 Of The 2014 Oecd Model Tax Convention, Shkumbin Asllani

UBT International Conference

The jurisdiction to tax is based on the connection of either the person or the income namely the concept of residence and the source taxation. The residence principle is based on the presumption that a state will tax its residents on their global income, while the source taxation is based on the connection of a particular income earn to the other state. Jurisdictions, for decades now enter into tax treaties to reduce or eliminate double taxation by relinquishing completely or partly their taxing rights. Yet, in international taxation when two or more states impose taxes on the same taxpayer for …