Perspectives of Law and Public Administration

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Authors: Ana VIDAT

Against the background of the factual situation – characterized by the repeated prolongation of the state of alert due to the epidemiological situation – it was necessary to regulate in concrete terms support measures for employees, employers and other categories of economically active professionals. In the article we will make brief comments on a specific support measure for employees and employers in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus and the way in which it seeks to stimulate employment growth.

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Authors: Muhamet BINAKU

Persons who are in work, except rights also have other obligations. Rights arising from employment are rights determined by law, the company's internal acts and collective contract, but at the same time, they are rights guaranteed by the Constitution and international Convention. Judging by these criteria, fair labor relationship are treated as inalienable rights and unlimited. The employer, company and institution are obligated to respect and to allow workers to realize rights from employment which belong. In any case when the employer or institution does not respect the rights of workers, or have discontinued the realization of any rights, from labor relations comes up labor dispute. The labor dispute is a dispute that arises when violated the rights provided by law, from employment or when not carried out certain obligations to workers arising from employment or related to labor relations. In the case of labor dispute, or violation of any rights of employees arising from employment, are defined in labor law some mechanisms through which it can require the implementation of any right which he has offended.

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Authors: Elise-Nicoleta VÂLCU

The current study aims to bring to reader’s attention the arguments of supporting the communitarian initiative in the implementation of the electronic document – the EU Digital COVID Certificate, provided that it fully respects the fundamental rights of citizens, including the protection of personal data. We will thus try to demonstrate that the possession of a green electronic certificate will not be a precondition for free movement, and those who do not hold such a certificate will not be discriminated against in any way. The research methods used in this paper are a) logicalconcretized method by using the main legal instruments, opinions, recommendations, regulations; b) comparative method; c) sociological method. The result of the current article can be resumed in the meaning that the green certificate provides a solution for the EU to guarantee the fact that both the communitarian nationals as well as their family members and extra-communitarian citizens but who legally reside within the EU area, shall enjoy a digital instrument created to support free movement with the Union. This Union document transposed at the level of each Member State is the result of a coordinated and predictable “Union institutions – Member States” approach.

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Authors: Tudorița GRĂDINARIU

This paper aims to highlight the main changes to the Romanian National Education Law on the prevention of bullying behavior. The increased incidence of violent acts among students required a legislative framework focused on this type of behavior. Thus, the legislator emphasizes the prohibition of bullying in educational institutions and in spaces intended for education. At the same time, the importance of continuous professional training of teachers is emphasized in order to acquire the skills to identify bullying and to implement effective prevention strategies. In this context, we will present aspects of comparative law and analyze European legislation from the perspective of the role of the school in preventing and combating bullying (see Canada which implemented a similar law in 2012). The novelty of this paper derives both from the identification of strategies to prevent and combat bullying mentioned in national and international legislation, and from the presentation of the results of representative studies for this issue.

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Authors: Avdullah ROBAJ

Fundamental human rights and freedoms are at the core of any legal system in developed and developing democracies. One of the key rights in the catalogue of human rights are undoubtedly the children’s rights. The international system of human rights, and the national systems, give great importance to guaranteeing of the children’s rights. Following the establishment of Kosovo state institutions, the evolution of fundamental human rights and freedoms required the necessity of time. The integration of the Convention on the Rights of the Child into the Constitution, which is directly applicable, provides the basis for sufficient legal regulation to guarantee the children’s rights. Kosovo legal system guarantees the effective protection of human and children’s fundamental rights and freedoms, even though Kosovo is not a signatory to these international instruments. Despite the efforts that have been made and continue to be made in Kosovo regarding the implementation of legislation in force, the situation in practice is still unsatisfactory and children continue to be discriminated against in various areas.

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Authors: Laura Ramona NAE

Legal relationships in the field of HoReCa involve specialized contractual partners for this activity. Among them we mention: the owner of the reservation platform, called wholesaler, hotel, client. The specificity of these contractual legal relationships is also determined by their complexity, both in their conclusion and in their development. Through the tourism contract, a complex activity is performed which involves contractual legal relations of: transport, accommodation, curative treatments, rest, seasonal sports, tourist circuits of historical or leisure interest, medical assistance, etc. Of course, the paper involves a brief presentation of some categories of legal relationships.

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Authors: Nqobizwe Mvelo NGEMA

The problem of child marriages is prevalent in Sub-Saharan Africa and the UNICEF has estimated that more than 37 per cent of girls get married before reaching the age of 18 year, while more than11 per cent get married before the reaching the age of 15 years. Zimbabwe has enacted progressive legislation to address the dilemma of child marriages. However the problem of child marriages still persists and this paper shows that it is easy to change the law but not easy to change the society. This paper argues that legislative change is the first step to the right direction but a multi-pronged strategy is necessary to address child marriages. It is suggested that it is crucial to deal directly with the root causes of child marriages in addition to legislative change. The causes are, inter alia, poverty, peer pressure, teenage pregnancy and lack of education. One of the major causes is rooted in culture and religion such as the practice of kuzvarira and kuripa ngozi. Kuripa ngozi is practiced in order to appease the avenging spirit of a murdered person by compensating his family with a virgin bride and there is a general belief that failure to appease it might attract bad luck and even death for the entire family of the perpetrator. Over the years custom has influenced the attitude and behaviour of people. Therefore to change the law without changing the mind-set of the people through educational campaigns would be tantamount to dealing with the symptoms instead of the real problem.

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Authors: Sadik HAXHIU, Avni H. ALIDEMAJ

Efficient civil service remains the cornerstone for the overall social development of a country. This is of enormous importance for transitional societies facing many challenges that hinder administrative institutions development towards accountability and transparency. In Kosovo context, the capacity of civil servants to develop and implement public policies plays an essential role in determining the results of reforms and progress towards achieving certain institutional objectives. Consequently, the performance of the public administration in general depends mainly on the skills and professional capacities of civil servants. Kosovo Institute for Public Administration is an executive agency established with the purpose of enhancing the skills of civil servants through specially designed training programs. Nevertheless, professionalism remains one of the biggest challenges for the civil service in Kosovo, which is failing to fulfill its function to the extent required by legal provisions. This paper analyzes the efforts undertaken in Kosovo to increase the professional capacity of civil servants through thematic training programs. In order to achieve the objectives of the research, qualitative, quantitative, normative and comparative methods have been used to reveal the legal obligations of increasing the skills of civil servants by comparing it with the established practices.

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Authors: Nives MAZUR KUMRIĆ, Ivan ZEKO-PIVAČ

The withdrawal of the United Kingdom from the European Union (Brexit) has attracted wide scholarly and public attention in the past five years, i.e. since the 2016 referendum when people in the UK voted to leave the EU. This paper provides a fresh outlook on the latest positions of the European Union and the United Nations regarding the socioeconomic and political consequences of Brexit. A special emphasis is put on the ongoing codification initiated by the European Commission in December 2020 to counter the adverse effects of Brexit in the EU Member States by providing them with appropriate allocations to cover financial losses in the area of trade, fisheries, employment, customs and others. Apart from careful examination of the Proposal for a Regulation establishing the Brexit Adjustment Reserve, the paper also investigates a selected number of other provisions regulating Brexit’s direct effects on citizens and economies. Although Brexit is primarily seen as a matter of European provenance, its impact is additionally assessed from the perspective of the international community as a whole. The paper represents legal-dogmatic research which explores current positive law, doctrine, principles and concepts with the aim of obtaining a detailed understanding of the latest legal framework and trends appertaining to Brexit.

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Authors: Arta SELMANI-BAKIU, Adnan JASHARI

The time in which humanity lives today, it has changed the conventional paradigms of the natural and biological parameters. As such, this time has given mankind today the courage to challenge, as well as change, some of the natural consequences of man's well-being as a social being - first and foremost as a biological being. Therefore, through theoretical dilemmas and scientific successes elsewhere, man well-builds his own future, which on one hand gives him knowledge of the power of rational knowledge, and on the other hand adds great responsibilities, perhaps even enigmatic and unseen before. It is about the consequences that man can have from inconsistent interventions in nature, and the alternation of social structure in this context. When it is known that for each intervention man pays the price, changing the same conventional cohesive structure within the family will give its own price in the near future. In this paper the authors present the facts based on the development and application of artificial reproduction technology (artificial insemination, in vitro fertilization, surrogate motherhood, post-mortem reproduction) are evidence for redefining the concept of family which in this respect undermines the principle of conceiving a child naturally. In this paper the authors emphasize that the plurality of forms for establishing parenthood, which became possible with the rapid development of medicine and biotechnology, allows the application of new reproductive technologies, expands the possibility of family planning on one hand, but on the other hand questions the genetic status of the child born through these methods. The authors have considered it reasonable that through this paper to give their recommendations for filling the legal gaps that exist in the family and biomedical legislation of the RNM. The authors place special emphasis on the urgent need to overcome legal contradictions which currently affect the best interest of the child born with any of the methods of artificial reproduction. In addition to the analysis of domestic legislation, the text also provides a comparative framework on the legal regulation of the status of members of family (children and parents) established by the methods of artificial reproduction.

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Authors: Howard CHITIMIRA, Tumelo SETHUNYANE

Corporate social responsibility (CSR) usually occur when a company volunteers to contribute part of its profits and/or resources towards community development in a certain area or community where it normally conducts its business. CSR is also known as corporate citizenship. CSR is mainly enforced as a self-regulatory measure that enables a company to be socio-economically accountable to itself, its stakeholders and the community at large. Companies that practice CSR are likely to have a positive impact on the environment and the socio-economic development of their communities. Companies and other relevant stakeholders that practice CSR have the potential to uplift and develop their communities. The South African mining sector has the potential to develop the communities through CSR measures of mining companies. In this regard, it is imperative that mining companies utilise appropriate technology to effectively enforce their CSR measures. Therefore, the Helam Mine which is currently owned by Petra diamonds in Swartruggens community is discussed as a case study in this article. Helam Mine has so far failed to adopt and utilise CSR measures in the Swartruggens community. Consequently, the Swartruggens community is poorly developed and its people are still fighting for service delivery to date. Accordingly, the article explores the historical background of CSR as well as the role played by Helam Mine in the development of the Swartruggens community. Furthermore, the article analyses the possible CSR-related measures that could be adopted by Helam Mine to promote socio-economic and environmental development in the Swartruggens community. It is submitted that Helam mine should seriously consider embracing and incorporating new technological approaches and CSR-related measures for the effective operation and management of its mining activities. In this regard, the available regulatory framework for CSR in South Africa is examined. Lastly, the article recommends that CSR should not be merely treated as an ethical obligation but it should also be regarded as a legal obligation so as to statutorily oblige all companies, especially mining companies to adopt, promote and enforce CSR-related measures in the communities where they conduct their businesses.