Academicus International Scientific Journal

20-34

Authors: Michele Marsonet

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.

41-46

Authors: Arta Musaraj

Tourism represents an aggressive and growing industry which is gaining fast impact and importance in national and local economies. This new shape that the touristic product and touristic sector is gaining makes necessary a deep understanding of influencing factor and the range of impact this shape creates while trying to understand patterns, strategies and increased benefits. This not just referring to the touristic operators, public administrators and academic researcher. The big changes in the tourism concept affect actually more and more small businesses, families which actually have more chances to get in this industry as well as to have more tangible benefits from revenues of the sector. All this actors become more and more aware that the management of the sector, it’s outcomes particularly referring to tourism tax at local level becomes the only way to create added value to the touristic chain and ensure touristic infrastructure set up and reinforcement, so much necessary for a sustainable local economic development. Local resources are the key elements for this aim and human local resources quality becomes more affecting the whole sector as much as its main characteristics, management and direct benefit becomes more local. Touristic local tax managed in a more efficient way when it comes to its collection, and distributed more effectively among different elements which constitute the backbone of local public services, underline the importance of qualitative and responsible local public administrations representing a strong item for the future of the touristic sector as well as for the development of communities.

62-70

Authors: Peter Tase

As the successful coup d’etat of Rome in October 27 – 29, 1922, successfully unfolded and Benito Mussolini emerged into power, the threat of invasion and spread of fascism was looming over southeastern Europe and North African countries of Ethiopia, Libya and Somalia. Mussolini’s intentions would not be perceptible until October, 1935, the invasion of Ethiopia and consequently almost four years later with the invasion of Albania in April 7th, 1939, which is considered by many as the prelude to World War II. Italy’s role and support towards the implementation of infrastructure projects and economic development initiatives in Albania proved to be essential. The fascist regime of Benito Mussolini was also a strategic ally for King Zog I who was in a desperate need to establish a stable government and secure his monarchy. Although King Zog I came to power with the immense help of Yugoslavia, months later he established strong ties with Italy and worked tirelessly to foster strategic bilateral relations with Mussolini’s administration. Italo-Yugoslav Relations improved greatly after the signing of a bilateral agreement in March 25, 1937, therefore Benito Mussolini had the green light from the Yugoslav government – which brought King Zog I into power in December, 1924 – to storm with loans, equipment and human assets the newly created Albanian government which later would become a Kingdom under the rule of Zog I. The focus of this Essay will be the impact of Italian – Albanian Strategic Alliance, a detailed analysis on the pact of Tirana (1926), the Italian Strategic Interests on western Balkans and its subsequent invasion in April, 1939.

78-83

Authors: Mara Clemente

A Rio de Janeiro crossing during the Winter of 2011. Urban, social and economic contrasts and contradictions of a city that is preparing to host the World Cup in 2014 and the Games of the XXXI Olympiad in 2016. The ‘street cleaning’ of cidade maravilhosa: the next sporting competitions and respective ‘showcasing’ will show neither people living on the streets nor rampant drug trafficking. The city seems to look forward to the events while at the same time the common people have different opinions: from hopes of ​​a new opportunity for Rio de Janeiro and Brazil, to fears of new contradictions, speculations and iniquities.

101-112

Authors: Gaia Di Castro

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.

126-135

Authors: Ylvije Borici-Kraja, Elez Osmani

We are trying to bring here the importance that tourism taxation has. Based on the fact that tourism industry is becoming one of the most important branches of the economy, it is essential to find the best solution, the best taxes rates that would encourage tourism development, and the most important part is that this funds should be used to invest, to refund tourism industry. In this way we will have an increase of the income from the tourism. Of course, a strong taxation system will have negative impact on tourism industry. High rates of taxes would have negative impact on competitiveness, and would be a great disaster towards competitiveness and incomes. It is extremely important, to do the best towards the tax system, in this way the tourism could be encouraged. To better understand the system taxation in tourism we did the SWOT analyses. Based on these analysis we are going to bring here some conclusions and recommendations.

142-153

Authors: Lorenc Danaj

Obviously the study of this paper consists on identifying and why not in addressing the important factors underlying the bailiff office in Albania and changes in the form of organization, under the administrative and implementing reforms in law. The paper also introduces some changes in national law, private or state organizational form. The Bailiff Section in Albania serves two key roles as part of the Judiciary. Both roles help to ensure that justice is fairly administered and carry to its proper conclusion. The Bailiffs and their assistants serve summonses and other important legal documents on parties as required by a Court or Tribunal, or as requested by a person who is a party to litigation, as an instance, a court or tribunal sentence which parties are required to attend. Surely it cannot proceed unless there is proof that the parties concerned have had the summonses attending properly served on them in a specified way by law. The judicial power is one of the most important issues on the legal state. As stated in the Albanian constitution, one basic principle is: equality and control between governments. Our paper research will analyze the justice reforms in Albania; will analyze bailiff organizational management (private or state form).

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.