Academicus International Scientific Journal

35-41

Authors: Arta Musaraj

Albania as all Balkan countries in general, in the past 20 years faced with deep and continuous socio-economic change which resulted not simply in a totally newly shaped economy, but also in new and unexperienced paths of human resources developments. This referring to the qualitative, quantitative and diversification terms, brings the age of new professions and connections between the academic development and advancement and the adaption with the real necessities of the labor market. Adding to this complex and mobile situation the effect on their economy of the last financial crisis, the turbulence level is expected to be increased . Practitioners and researchers must understand connections and make up different scenarios which will face with a very unpredictable environment. Not surprisingly, Albania as some other southwestern European countries, due to the low level of integration into the international financial market, their mainly domestic market for goods and services produced by them, did not suffer the same consequences as other neighboring countries. But even the effect of downsizing their economies will affect Albanian economy too, because the payment balance and foreign trade balance as well as due to the widening of globalization in its domestic economy, which Albania cannot afford to avoid any longer. At the same time, the country must take in consideration the economic structure change and its adoption with the EU countries economic structure. These two main challenges can be afforded with substantial foreign investments and the most attractive resource has proved to be the human one. Sustainable development of human resources for a national sustainable development, requires making pro-active decision regarding their development and planning. The welfare of countries more and more is not being measured by the GDP pro capita, instead it is being used the term” life quality” which calls for decision making process aiming to increase and not simply exploit, which pro-actively develops qualitative human resources . This because a major factor for development is direct foreign investment. This drives Albania as well as other Balkan countries shift from naturally gifted with human resources due to the high nativity toward having attractive human resources in terms of quality and diversity related to actual and future trends of economy structuring and development. The paper deals with issues related to economic and human development by comparing two major factors in the case of Albania: the quality of human resources, role of foreign investments in the Albanian economic development and effects of human resources have on them and the careful planning of human resources development driven by actual and future trends of economic development. At the same time, the paper analyses the necessity to link the didactic offer of universities and high schools and market driving forces.

60-68

Authors: Endira Bushati

With the Audio-Visual Media Services (AVMS) Directive the explicit regulation of product placement is introduced into the framework of European media law. The product placement is today one of most debated issue for the media law experts in Europe. What is the “product placement”? In what kind of programmes the product placement is allowed? What are the conditions these programmes have to fulfill in order to contain the product placement? The AVMS Directive states even the programmes during which is not allowed the product placement. How are reflected into the new Albanian draft-law on audiovisual media services the AVMS Directive obligations? These are some of the questions that the following article tries to answers.

81-91

Authors: Eralda Çani

Since several years already, a public law has been adopted in the Republic of Albania on the civil servants as well as their ethics in workplace. Integrity of civil servants and prevention of corruption are two key elements needed highly required from the latter aiming at serving the public interest at best. The legislation is a key measure to reach such a goal. This papers aims at assessing the efficacy of the two main laws, the status of civil service and rules of ethics for such a pursue and their consistency with best international practices of provisions of civil service legislation related to recruitment, promotion, job security, the independence and capacity of the body/bodies responsible for oversight, including OECD/SIGMA and Council of Europe recommendations. The paper presents several suggestions, according to which either the integrity of civil service recruitment should be better monitored or several legislation amendments are needed.

96-107

Authors: Sonila Omari

The new Albanian Family Code provides an additional measure reading the protection of the child, namely, the “loss of parental responsibility.” Differently from the measure of “removal of the parental responsibility” that is provided in the civil code provisions, this new measure has been introduced for the first time in the Albanian legal framework and is taken by court through a penal process. Thus, according to article 223 of the Family Code, “the parents of a child may loose the parental responsibility through a penal court decision that has found them guilty of committing themselves or assisting in the commitment of a criminal offense against their child. They may also loose it if they have been convicted for any of the reasons regarding the abandonment of the family and have not fulfilled the related obligations.” This paper aims to analyse and interpret the introduction of this new measure which has caused difficulties regarding its practical application by courts. The authors of the paper analyse the legal features of the measure and the controversies of the doctrine in relation to such a measure. They also suggest the categorization of the new measure as a punishment of a penal nature, i.e as a supplementary punishment. The paper also analyses the cases where the measure is likely to be applied and the terms applicable to the individual that will be subjected to this measure. The paper reviews also the time frame of the application of the new measure. The current legal framework does not contain a specific provision regarding this issue. In light of the evolution of the concept of the parental responsibility as well as the perspective of human rights protection the authors support the idea of the regulation of the time limits of the measure. The authors argue that in the determination of the time limits of the application of the measure (including the possible return of the parental rights), it is important the courts maintain a fair balance between the loss of parental responsibility and the respect of rights of the biological parent, in the highest interest of the child, to be raised and educated in the family of origin. At the end of the paper the authors also suggest the need to improve de lege ferenda the current provisions in order to ensure that the application of the new measure meets its purposes, i.e the removal of the parental rights is applied only in those cases where the parents are considered unfitted to exercise this right over their children.

118-129

Authors: Ylber Sela

When in April, 2007, western Balkan countries started the facilitation of the visa agreement that will allow them extremely simplified procedures for visa application in order to enter EU countries, many of the citizens of this region that historically has been isolated were skeptical this will really happen. This article analyses in detail the process of visa liberalization for the western Balkan countries and argues that visa facilitation is shown to be very useful despite the fact that only one country – known as “ghettoized” – the Republic of Kosovo. This state that is recognized internationally by 75 nations, of which 22 are EU, has remained the last Balkan country whose citizens still cannot travel freely in the EU. An important role in visa liberalization are the agreements of re-acceptance which are signed between the countries of the region and the European Commission that asks said countries to turn back all their citizens which are found illegally in the EU. Among others, this article provides an objective analysis in terms of the political implications of visa liberalization and free movement inside the European Union. The authors argue that traveling facilitations have become useful for citizens of particular countries whose aims are for positive achievements and growth along with the EU.

136-143

Authors: Artur Gaxhi

As we all are aware now the discovery of DNA is the most significant biological discovery of the 20th century. This discovery has had a tremendous impact on science and medicine. In the field of modern medicine and genetic research, the discovery of DNA has allowed for the improved ability to diagnosis disease, detect genetic predisposition to disease, create new drugs to treat disease, use gene therapy as treatment, and design “custom drugs” based on individual genetic profiles. In criminal investigations, DNA has proven to be a powerful tool. Since no two people, excluding identical twins, can have similar DNA, the identification of a offender person through DNA analyzes is more than indubitable. DNA can be used successfully on victims identifying process. Identifying the victims of the September 11, 2001, World Trade Center attack presented a unique forensic challenge because the number and identity of the victims were unknown and many victims were represented only by bone and tissue fragments. Today with the creation of a common space as the European Union, new opportunities and requirements needs among states to make possible the collaboration as valid and effective against crime or terrorism is more necessary. For this reason arises the idea of exchange of genetic information between them for Law Enforcement Operations which is supported on the AIA’s agreement for a greater security among states space.