Constitutional Law (Books and Journals)
- European Law Journal From Nbr. 1-1, March 1995 to Nbr. 24-2-3, May 2018 Wiley, 2021
- La vida familiar en la jurisprudencia del Tribunal Europeo de Derechos Humanos: Una interpretación constructiva by: J.M. Bosch Editor, 2015
- Mujer y guerra en los balcanes. Kosovo: entre los derechos perdidos y la identidad pendiente by: Dykinson, 2013
- El Tribunal de Justicia de Luxemburgo como garante de los Derechos Fundamentales by: Dykinson, 2013
- Parallele e convergenti. L’Unione europea tra costituzione e potenza civile by: Cacucci Editore, 2013
- El constitucionalismo como discurso político by: Dykinson, 2012
- Juventud europea. Valores y actitudes ante las Instituciones Democráticas by: Dykinson, 2012
- L'Europa e i diritti dei bambini by: Cacucci Editore, 2010
- 1957–2007. 50 años de derechos humanos y Europa by: J.M. Bosch Editor, 2009
- El Tratado de Lisboa. Análisis y perspectivas by: Dykinson, 2008
- Europa busca modelo by: Dykinson, 2007
- Modelos europeos de justicia contencioso-administrativa by: Dykinson, 2007
- EU annual report on human rights 2006 European Union Publications Office, 2006
- Constitutive modelling for complex loading in metal forming processes European Union Publications Office, 2006
- Constitución europea y Derecho penal económico by: Editorial Universitaria Ramón Areces, 2006
- Los derechos humanos, la democracia y el estado de derecho en la acción exterior de la Unión Europea by: Dykinson, 2006
- Luces y sombras del Tratado Constitucional Europeo by: Dykinson, 2006
- Nature and biodiversity cases. Ruling of the European Court of Justice European Union Publications Office, 2006
- Remedies and sanctions in EC non-discrimination law by: European Union Publications Office, 2006
- Study on the enforcement of State aid law at national level by: European Union Publications Office, 2006
- Guidelines on Human Rights by: European Union Publications Office, 2005
- Enseñar la idea de Europa by: Editorial Universitaria Ramón Areces, 2004
- Modernización de las normas de aplicación de los artículos 81 y 82 del Tratado CE by: European Union Publications Office, 2004
- Unión Europea y derechos fundamentales en perspectiva constitucional by: Dykinson, 2003
- What can the European Ombudsman do for you? European Union Publications Office, 2002
Enforcement of court decisions which are the exclusive competence of the courts in the Republic of Kosovo
Enforcement procedure is the final part and possibly the most sensible part of the civil procedure. With the new legal changes, apart from the court as a competent institution and authority, it is also the private enforcement agent, a body which in its work will have full legal public authority. However, with the new Law on Enforcement Procedure of The Republic of Kosovo (LEPRK), for certain...
Paternal responsibility in the Albanian judicial practice
The purpose of this paper is to identify and analyze the problems that arise during the exercise of parental responsibility, seen in an interpretation of the legal norms that regulate this institute and local case law. The paper aims to be mainly practical based on the legal practice of the Court of the Tirana Judicial District during the periods 2016-2019. In addition to parental responsibility,
Execution of final court decisions as part of a fair trial
Execution/enforcement of the final court decisions is now a procedural element which has been long dealt with as an integral part of the right to a fair trial. This right has been expressly embodied in the Constitution of the Republic of Albania as a fundamental right of the individual. This point of view grants to this right not only an important role on the protection of human rights but...
The civil service - recruitment procedures, reforms and challenges of the states in transition - The case of Kosovo
No functional and democratic state can function without a proper professional administration and a professional and efficient civil service, through which it will always serve the citizens of the country. The civil service is the entire body of administrative staffemployed in central and local administration institutions provided by this law 1, which implements the policies and ensures the...
Analysis of Union Citizenship under Article 18 TFEU based on ECJ Decisions
Non discrimination and Union Citizenship is regulated in Art. 18-25 of TFEU. The legal status of residence in a Member State through employment has improved, but contains certain reservations, 1 which were regulated by the 2004 Directive/38 about General Freedom of Movement. According to it, every EU citizen who has a valid travel document with him enjoys the right of residence for himself and...
Supremacy and direct effect of EC law - Position of the constitutional court
Although it was originally established with the aim of cooperation and economic integration of its Member States, The European Union (EU) got a universal nature, becoming a real supranational organization whose legal acts, adopted by its institutions are directly applicable by Member States and when a conflict arises between the internal law of a Member State and the European Community (EC) law,...
The principle of independence in Administrative Justice Overview on Administrative Courts of European Union's countries
The judicial independence is a touchstone of all democracies. It is considered a basic principle on the organization and functioning of the judicial system. On the other hand, the existence of administrative justice is a fundamental requirement of a society based on the rule of law. It signifies a commitment to the principle that the government, and its administration, must act within the scope...
Constitutional Principles in the Functioning of the Parliament in the Republic of Kosovo
The function of parliamentary control is one of the cornerstones of democracy. Parliamentary scrutiny makes the executive responsible for its actions and ensuring the effective implementation of its policies. The executive control of parliament is an indicator of good governance. In addition to the legislative function, through the control, parliament guarantees the balance of powers and affirms...
The multiform eternal enemy of democracy: despotism
Since the early antiquity individuals and people have gained the consciousness of their value and strength against tyranny. People have an instinctive, violent, unrestricted hatred towards the tyrant. Every revolution demolishes one tyranny, and it crushes the structure of its supporters, “soldiers”. Main objective of this manuscript is the analysis of despotism in a comparative philosophical...
The redenomination risk of exiting the Eurozone: An estimation based on the Greek case
Changing a country's currency involves a redenomination risk arising due to assets and liabilities that are impossible to redenominate because of contracts governed by foreign law. Depreciation or appreciation of the new currency could, therefore, result in losses or gains, thus creating a risk for economic agents. The risk can be estimated by splitting the economy into public, private, banking...
No abstract is available for this article.
Punishment and Rights in European Union Citizenship: Persons or Criminals?
While European Union (EU) citizenship has traditionally been key to limiting criminalisation at national level, over recent years crime has become a criterion to distinguish between the good and the bad citizen, and to allocate rights according to that distinction. This approach has been upheld by the EU Court of Justice (CJEU) in its case‐law, where crimes show the offender's disregard for the...
Dead man walking? Current European interest in the ordoliberal tradition
During the years of the financial crisis, ordoliberalism became the target of a European‐wide critical campaign. This school of thought is widely perceived as the ideational source of Germany's crisis politics, which has even led to an “ordoliberalisation of Europe”. This essay questions the validity of such assessments. It focuses on two aspects that are widely neglected in current debates. One...
The policy origins of the European economic constitution
This article traces the origins of the European economic constitution in the debate on Article 30 of the EC Treaty (general rule on the free movement of goods) between 1966 and 1969, which resulted in Directive 70/50. In this, the first archive‐based analysis of the policy origins of the Court's Dassonville (1974) decision, the article demonstrates that there was a strong continuity in the...
Let's talk about trust, baby! Theorizing trust and mutual recognition in the EU's area of freedom, security and justice
If mutual recognition is to be the ‘cornerstone of judicial co‐operation’ in the area of freedom, security and justice, mutual trust, on the other hand, must take a lead role as the normative glue that grounds and facilitates legal practices of recognition. Despite its topicality and practical relevance, the theoretical underpinnings of trust have been largely left untouched by legal scholarship.
National social spaces as adjustment variables in the EMU: A critical legal appraisal
The article critically engages with the reconfiguration of the role and status of national social spaces within the EU constitutional fabric after the reform of European economic governance. Its main contention is that these reforms have converted national social spaces into adjustment variables whose main function is to contribute to the pursuit of EMU‐related objectives. This transformation...
- Torture through rendition in Europe: A past that will not pass away
Statement of Claim under Kosovo Legislation
“Statement of Claim” represents a topic of special importance for civil proceedings law in the Republic of Kosovo, especially now that this institution is regulated by the provisions of the Law on Contested Procedure (LCP). In this regard, the role of the court (both in the contested and the execution procedure) is emphasized in the implementation of this institution during the procedure of...
Reforming of the prosecution system in the new state of Kosovo
The justice system, like all other institutions in Kosovo, suffered major damage during the communist system phase and further during the war in years 1998-1999, damage that has been reflected up to nowadays. Immediately aft er the war, UMNIK created an ‘emergency’ judiciary consisting of local judicial and prosecutorial bodies, but with a system inherited from the past. In order to comply with...
Factors that in?uence the realization of the constitutional - legal protection
The constitutional justice system represents the main actor of the establishment and the harmonious functioning of true democracy, because it implies the spirit of the constitution, where the rules of democracy, rule of law and the protection of the rights and freedoms of the citizens are envisaged, is respected and implemented in real life. The constitutional justice, in fact, represents the key
The certification and decertification process of elections, with special emphasis in the Republic of Kosovo
The right of all adult citizens to participate in the issues of their country’s governance is one of the cornerstones of democracy. Election participation is defined by internal legal acts such as constitution, laws, electoral codes, and through international legal acts. This right has been limited throughout history, by completely banning certain categories of citizens to participate in...
The evolution of the political criteria for accession to the European Community, 1957–1973
This article describes the evolution of political conditions for accession to the European Community from 1957 to 1973 on the basis of the responses of the Community and national parliaments to applications for association (Article 238 EC Treaty) and membership (Article 237 EC Treaty) and to a US foreign policy initiative. It challenges the thesis that the European Community was originally...
Democratic accountability and the changing European political order
This article is about democratic accountability and a Europe struggling to find viable answers to the questions of who and what shall constitute “Europe” and how to develop legitimate political institutions for governing it. The article is, nevertheless, first and foremost about political order and change, rules for living together, the role of democratic politics in society and the relations...
Economic freedom and economic rights: Direction, significance and ideology
The discussion here takes stock of and analyses the way in which ideas of economic freedom and basic economic rights have evolved during the last half century to generate legal discourse and legal action, and with what effect, with particular reference to Europe as a site for such developments. It is necessary to probe the understanding and purpose of such ‘rights talk’ and also to set the...
- Not seven, but eleven? European crises or “new normal”?
The political morality of convergence in contract
One of the most interesting recent developments in contract law has been an academic and political effort to integrate private law. The proposed Common European Sales Law was ultimately withdrawn, and a series of setbacks, including the British referendum to exit the EU, has recast the politics of convergence. But it remains an objective for many European scholars. This essay considers the wisdom
The rise and fall of EU labour law
EU labour law—namely that heterogeneous, unstable combination of interventions, tools, measures, sources through which the EU directly or indirectly impacts on the normative and functional frameworks of individual and collective labour law systems of the Member States in a relationship of mutual interference and interaction–is experiencing a progressive loss of relevance, with an unprecedented...
- Internal market rationality: In the way of re‐imagining the future
No abstract is available for this article.
Exploring the Interplay Between the Right to a Fair Trial and Other Constitutional Rights in South African Criminal Proceedings
The right to a fair trial is dependent on language power in courtrooms. In the same breadth, the protection of other constitutional rights is premised on the right to a fair trial. Unfortunately, a non-English-speaking accused person cannot use his or her language because English is the language of court record; hence it is possible to produce a trial which is unfair to the accused person....