Other publications

Papers and theses

Publications

Title: Private international law.

Author: Prof. Dr. Arta Mandro-Balili

Ganet Walker

Ardian Kalia

Year: Tirana, 2005

Title: Bankruptcy from the comparative aspect.

Author: Prof. Paul Torremans

Florina Tegu

Ardjana Shehi

Year: Tirana, 2005

Title: Intellectual property.

Author: Prof. Paul Torremans

Prof.Dr.Mariana Tutulani

Mariana Dedi

Year: Tirana, 2005

Title: Court Administration.

Author: Pamela Ryder-LAHEY

Vangjel Kosta

Toni Gogu

Year: Tirana, 2005

Title: Comparative view on civil procedure.

Author: Alessandro Simoni

Sokol Sadushi

Sokol Çomo

Year: Tirana, 2006

Title: Arbitration and intermediation.

Author: Paul Emmond

Tefta Zaka

Përparim Kalo

Year: Tirana, 2007

CONTENTS

Pauliana claim in the Albanian legislation

- Oltjona GOXHA pp. 9

Extra contractor civil responsibility as the result of the usage of motor vehicles

- Ersida BAJGORA pp. 47

Atypical evidences in the civil process

- Besjana GARXENAJ pp. 83

General view on the guilt in the Criminal Law

- Ergys GASHI pp. 135

Burden of evidence in claims for the protection of real rights. Burden of evidence in the claim for the request and restitution of the object

- Semiramis HOXHOLLI pp. 161

The relationship between the administrative process and civil process

- Bevis SHEHAJ pp. 187

The examination of the invalidity of acts and unusability of evidences in the abbreviated judgment

- Vitjuna MATA pp. 207

Criminal proceeding; preliminary investigations

- Esmeralda NDOCI pp. 235

Specifics and problems of the enterprise contract in construction.

Problems encountered in the judicial practice

- Fildeze HAFIZI pp. 275

The execution of foreign criminal judicial judgments

- Blerta HAMZA pp. 299

Resolution of work divergences by the employer

- Artan JAHOLLARI pp. 335

CONTENTS

Claims that cannot be done and problems of the judicial practice

- Besmir STROKA pp. 9

Forced intervention

- Esmerilda HABILI pp. 25

Compound elements of inheritance lawsuits

- Nertila KAPE pp. 53

The securing of lawsuit in comparative view and the Albanian judicial practice related to it

- Armela HASANTARE pp. 80

Forms of the will

- Matilda FETAU pp. 95

Phases of evidencing proceeding and the role of the court in this process

- Ina HOXHAJ pp. 117

Ownership in the European Convention on Human Rights

- Gentian MARKU pp. 176

The role of the court in preliminary investigations and in the pre-judicial phase

- Yrfet SHKRELI pp. 221

Extradition out of the country; problems of practice

- Paulin ÇERA pp. 250

CONTENTS

CHAPTER I GENERAL KNOWLEDGE

A. NATURE, BIRTH AND DEVELOPMENT OF CUSTOMARY LEGISLATION

B. CUSTOMARY SERVICES, MISSIONS

CHAPTER II FACTORS ON WHOSE BASIS ARE IMPLEMENTED THE OBLIGATIONS OF IMPORT OR EXPORT AND OTHER MEASURES IN THE CONTEXT OF INTERNATIONAL TRADE

A. CUSTOMARY TARIFFS AND TARIFF CLASSIFICATION OF GOODS

B. CUSTOMARY VALUE

CHAPTER III CUSTOMARY DEBT

CHAPTER IV CUSTOMARY PROCEDURES

CHAPTER V OTHER PRIVILEGED OPERATIONS

CHAPTER VI SPECIAL CUSTOMARY REGIMES

CHAPTER VII VIOLATIONS IN THE CUSTOMARY GROUND

Is published the book “Customary Law”, of the authors Prof. Dr. Shamet Shabani and Dr. Alekt Hyseni. The book is published in 300 copies and the price is 1.600 lekë. The book may be found into the sector of publications in the School of Magistrates.

On May 2016, is published the book of the American writer Donald. P. Kommers, titled: "The Constitutional Jurisprudence of the Federal Republic of Germany", translated by Petrit Plloçi, former member of the Constitutional Court.

It is published the book “Judge in Democracy”, of AHARON BARAK – former Head of the Supreme Court of Israel. The book is published with the support of the Foundation Open Society for Albania, SOROS.

It is published the book “Judicial labor conflicts based on gender" of Prof. Dr. Mariana Semini-Tutulani, Tirana 2015.

It is published the book "Family matters of marriage and gender-role of judges" of Prof. Dr. Arta Mandro-Balili, Tirana 2015.

CONTENTS

1. Common points and differentiations between the concession contract and other contracts similar to them

- Arben DOSTI pp. 5

2. The special role of the court in the issuing of authorization for the alienation of the property of the child versus the respect of the principle of the best interest of the child

– Aurel ARAPI pp. 15

3. Discretion as an essential element in the evaluation of evidences

– Atalanta ZEQIRAJ pp. 42

4. Recourse in the civil process and the limits of the judgment of the High Court

- Enkelejda KAPEDANI pp. 90

5. Procedural aspects of claim prescription

– Flojera DAVIDHI pp. 122

6. Innovations in the administrative judgment under the context of the law, on the organization and function of administrative courts and resolution of administrative divergences

– Genti DOKOLLARI pp.149

7. Contracts and its conditions

– Ejona LAZELLARI pp. 170

8. International judicial cooperation in the taking of evidences abroad

- Ylli PJETËRNIKAJ pp. 235

9. Terms to give arbitrage judgments;

Execution of delayed judgments

- Silvana ÇINARI pp. 260

CONTENTS

Independent bank guarantee and bail-in

- Nurjeta TAFA pp. 5

Judgment in appeal under the Code of Criminal Procedure. Judicial problems and practice

- Aida CAKAJ pp. 35

Deletion of the criminal offence of punishment

- Andi POGAÇE pp. 67

Interrogation of the defendant. Its theoretical and practical analysis as evidence

- Armanda XHAFERRI pp.103

The Criminal Condition

- Elsa ULLIRI pp. 124

The standard of evidencing in the criminal process and the judicial practice

- Olger RUMNICI pp. 142

Review in the criminal process

- Eglantina SHEHU pp. 169

The policy of the establishment of punishment

- Saimir SMAKA pp. 207

Competition of criminal offences

- Sokol PINA pp. 229

ADR – Macedonian perspectives towards mediation

- Prof. Dr. Sci. Toni Deskoski&

Vangel Dokovski, LLM

Procedural Administrative Law

Procedural Administrative Law - An analysis on the Code of Administrative Procedures - is the newest book by Prof. Assoc Sokol Sadushi. It is a publication of TOENA Publishing House.

Judging Europe’s Judges

After successive waves of EU enlargement and the enter into force of the Treaty of Lisbon, the European Court of Justice finds itself on the eve of a new era. Like the institution itself, even the environment where it functions is more heterogeneous than ever. Already even the cases that arrive to the Court frequently are more complex, covering an unprecedented number of areas. The targets of this book are: The study of the influence of these developments; The analysis of the legitimacy of the results of the Court in this new context; The giving of assessment on its general results. Acting this way, special attention is paid to the recent judicial practice of the Court on these topics: General principles of the EU law; Foreign relations; Internal market; & EU citizenship. Contributions & the main materials are prepared by: Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek and JHH Weiler.

CONTENTS

Preface about the authors

Introduction: Judging Europe’s Judges

Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans

Chapter 1. The Court’s Outer and Inner Selves: Exploring the External and Internal Legitimacy of the European Court of Justice

Koen Lenaerts

Chapter 2. Adjudication by Reference to General Principles of EU Law: A Second Look at the Mangold Case Law

Chapter 3. The Court’s Case Law on the Internal Market: ‘A Circumloquacious Statement of the Result, Rather than a Reason for Arriving at It’?

Stephen Weatherill

Chapter 4. The Legitimacy of Free Movement Case Law: Process and Substance

Jukka Snell

Chapter 5. The Bubble that Burst: Exploring the Legitimacy of the Case Law on the Free Movement of Union Citizens

Michael Dougan

Chapter 6. Towards ‘Real’ Citizenship? The Judicial Construction of Union Citizenship and its Limits

Daniel Thym

Chapter 7. Placing the European Union in International Context: Legitimacy of the Case Law

Eileen Denza

Chapter 8. Of Feasibility and Silent Elephants: The Legitimacy of the Court of Justice through the Eyes of National Courts

Michael Bobek

Epilogue: Judging the Judges - Apology and Critique

JHH Weiler

Index

20th Anniversary Album of the School of Magistrates
Protecting the right to freedom of expression under the European Convention on Human Rights: A handbook for legal practitioners

MAGISTRATE X – October 2018

CONTENTS

Preface ..............................................................................................................5

The right to access for the co-defendant judged in absence. The efficient instrument for its guaranteeing.......................................................................7

In cases when to the prosecutor are referred criminal offences that are followed on the basis of the damaged accuser, is decided the non-start of the criminal proceeding or is declared incompetency? ...................................................................41

Standards of the reasoning of the decisions of non-acceptance by the high courts of other countries................................................................................... ....57

What is the legal regulation and the international practice in relation to the notice and declaration of the invalidity of the administrative acts and their consequences? Is anticipated by the international legislation the chiefly finding by the court of the invalidity of the administrative act?……………...89

The limits of the judicial judgment in relation to the absolute and relative invalidity of evidencing acts in the abbreviated judgment ..................................149

On the case presented in the context of the “Legal Clinics” in the Constitutional Court of the Republic of Albania ............................................................181