Academicus International Scientific Journal

17-25

Authors: Michele Marsonet

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.

43-59

Authors: Jola Xhafo

Reforms undertaken after 90’s have brought progress in legislation changes and compliance with international standards. This goal is also supported from the membership of our country in several international organizations and ratification of international legal acts. Legal reforms have brought many positive aspects in terms of guaranteeing the procedural position of juveniles and respect their rights at all stages of criminal proceedings. One of the most important aspects of the process is the one related to the freedom deprivation in terms of which are sanctioned a number of principles and procedural rules. Despite positive steps, the Procedural Penal Code should be subject to further amendments and improvements regarding procedural provisions for the treatment of juveniles during criminal proceedings. This article seeks to analyze the specific guarantees and particularly procedural rules related to deprivation of personal freedom as well as issues associated with the treatment of juveniles at this stage. The paper will focus primarily on: - The issues on special protection of juveniles in criminal proceedings and cases of freedom deprivation in the framework of the international standards. - Reflecting the concrete situation and the judicial practice issues, in the framework of the Jurisprudence of the Criminal College of the Supreme Court. - Drawing concrete conclusions and recommendations in regard to the current stage of reflection of the international standards on minors freedom deprivation in the penal legislation and its implementation in practice, as well as the concrete needs for improvement through legal interventions and institutional arrangements.

70-78

Authors: Oriona Mucollari

The current Albanian Constitution (1998) defines communes and municipalities (local governments) as the basic units of local governments. Local governments are legal entities and perform all the duties of self-government, with the exception of those that the law gives to other units. There are a total of 373 local governments units, consisting of 65 municipalities and 308 communes. While municipalities govern urban areas and the communes rural areas, there is no substantive legal distinction between them. The fiscal decentralization reform in Albania has addressed the issue of adequate local recourses proportional to the competences. The decentralization of functions were supported with an increase of financing opportunities either through the increase of transfers from the state budget or by adopting the new system of local taxes and fees, the latter one by providing total discretion to the local government in setting local tariff policies to cover the cost of their services. Unfunded mandates can represent a risk if not addressed in an appropriate manner. In this article we are going to discuss about the local resources as instruments to increase the autonomy of the local governments versus the resources from the central government. The balance between the resources from the central government and the local own revenue should be, as much as possible equal.

84-95

Authors: Alma Vokopola, Julejda Gërxhi

The investigatory procedure carried out by an administrative organ during administrative proceedings is indispensable. There is no doubt that “lex specialis”, in several cases, tend to detail this process, however, it needs a “lex generalis” act which will regulated principally all the important elements of the investigatory procedure. The Code of Administrative Procedure is an act, which naturally poses its problematic, however it is very important for prescribing such institute of administrative proceedings. Due to such significance, the analysis of judicial means being available to an organ of public administration for evaluating complexly the totality of facts and proofs and certainly for identifying present problems, is the central pillar of this report.

108-118

Authors: Lorenc Danaj, Aleks Prifti

Following a general overview of the EHCR case of law and some of its distinctive features, this article focuses on explaining the meaning of ‘privacy’, and guaranteed as a fundamental right in light of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, using as illustrations the verdicts of some cases judged by the institutions of Strasbourg. Certain paragraphs of the article address a series of issues, which according to the Court-referring to the images created by the Convention-cover a range , within which any individual may freely follow the development of their personality. The article also raises some questions, which the ECHR has often fully answered,or at least, indirectly implied. The author elaborates also on limits of privacy as foreseen by paragraph 2 of Article8, as well as on some obligations that the Convention assigns to its contracting State-Parties.

131-142

Authors: Ilir Rusi

Discrimination and gender inequality in employment relationships are present in every society, at any time and whatever their victim is. With the development of society, despite the measures taken to prevent discrimination, this phenomenon continues to be present and appears in different forms. In a society with economic civilization and culture development, people cannot explain why do such phenomena that become an obstacle to the realization of a right as the right to employment exist, when it is sanctioned and guaranteed by the Constitution of the Republic of Albania, in international conventions ratified by our country, in the Labor Code and particular laws, such as the “Gender Equality law”. Discrimination in employment relationships and in the workplace continues to appear in its traditional format based on gender, race, ethnic origin, religion, age but also in new forms based on disability, sexual orientation, genetics and lifestyle. Despite all efforts to prevent discrimination, this phenomenon has always been a threat to all individuals seeking to enter into an employment relationship. We all have the right to work, to be treated equally during a competition for a particular job, to get a fair wage, to be paid equally with others for the same job, to get promotion, to be safety in work, to get vocational training and retraining benefits without being discriminated of race, religion, age, gender, political belief, sexual orientation, etc. However, the first opportunity for discrimination is encountered from the moment when hiring an individual. But, despite the momentum when we are faced with discrimination or one of its kind, there should be placed great attention by the State through the relevant authorities and by the society itself by denouncing it. We shouldn’t be subject of violation of the right to employment and equal treatment in employment relations. Not without reason the two principles: the principle of prohibition of discrimination and gender equality are two principles enshrined in international conventions, giving it a great importance. In this paper there is addressed the Albanian legal framework that sanctioned and guaranteed the principles of prohibition of discrimination and gender equality, as the Constitution of the Republic of Albania, the Labor Code, the law on “Gender Equality in Albania”, as well as institutional mechanisms to ensure gender equality in Albania.

153-162

Authors: Eneida Sema, Ilda Melo

Protection at work with regard to health and safety at work is an important part of Albanian Labour Legislation. Determination of general obligation of the employer aims at protecting the employees’ health and security. With regard to health security and protection, Albanian Labour Code foresees that the employer is responsible in cases of accidents and professional diseases considering that it should clearly define rules for technical security. With the regard to employers’ responsibility, it should be mentioned that this might be administrative or penal, depending on the violations occurred a few of which contain elements of criminal acts. An important step forward in regulating labour relations is to strengthen inter-institutional cooperation and cooperation between employees, employers, trade unions and state and to further dialogue between those. However, implementation of the Labour Law plays an important role in the stabilization of labour relations in general. An important role remains with institutions such as Ministry of Labour and Equal Opportunities, National Labour Council and State Labour Inspectorate.