Academic Journal of Business, Administration, Law and Social Sciences
- International Institute For Private Commercial And Competition Law (IIPCCL)
- Publication date:
- Nbr. 6-3, November 2020
- Nbr. 6-2, July 2020
- Nbr. 6-1, March 2020
- Nbr. 5-3, November 2019
- Nbr. 5-2, July 2019
- Nbr. 5-1, March 2019
- Nbr. 4-3, November 2018
- Nbr. 4-2, July 2018
- Nbr. 4-1, March 2018
- Nbr. 3-3, November 2017
- Nbr. 3-2, July 2017
- Nbr. 3-1, March 2017
- Nbr. 2-3, November 2016
- Nbr. 2-2, July 2016
- Nbr. 2-1, March 2016
- Nbr. 1-3, November 2015
- Nbr. 1-2, July 2015
- Nbr. 1-1, March 2015
- Achievements and challenges about re-evaluation process of judges and prosecutors in the Republic of Albania
The constitutional reform related to the system of justice conducted in 2016 in Albania, was welcomed with a positive enthusiasm by all stakeholders, civil society, business groups, including the political class who voted for this reform unanimously. One of the goals of the implementation of this reform is not only the restoration of new justice institutions and the strengthening of existing ones but above all the re-evaluation of all judges and prosecutors who are part of the judiciary in three main aspects: - asset valuation, a background, and integrity check to discover the links to organized crime and a qualifi cation assessment. The total number of all judges and prosecutors in the Republic of Albania is over 800 subjects, starting from the courts of the fi rst instance and the prosecutor's offi ces near them to the Constitutional Court. The re-evaluation process is carried out by two new constitutional institutions that are established and function for a transitional period, the Independent Qualifi cation Commission (IQC) as a fi rst instance with a mandate of 5 years, and the Special Appeal Chamber (KPA) as an appeal body with a 9-year term. More than three years have passed since the beginning of the activity of these two institutions and the results they have given are very signifi cant when almost half of the entire body of veto magistrates has not gone through this process, while a considerable number of judges have resigned. On the other hand, many constitutional and legal issues have arisen concerning the vacancies created in the Constitutional Court, the High Court, and other judicial and prosecutorial bodies, the quality of the new magistrates who will become part of the judiciary, and meritocracy or not by those magistrates who have stayed in the system to those who have left . The results provided so far by the Qualifi cation Commission, The Special Appeal Chamber, have increased public confi dence in the cleansing of the judiciary by judges and prosecutors who do not deserve to be part of the judiciary, but at the same time there have been delays in litigants, to get a faster and bett er service due to vacancies created in the system and the loss of real independence that must demonstrate magistrates who have not yet been re-evaluated. The purpose of implementing this reform is not only to meet one of the standards related to the integration of this country in the European Union but also to increase the quality of service in terms of ensuring the fair justice in favor of citizens and business groups. It remains to be seen how this reform guarantees these goals with a positive character, based on the results that have been produced during these four years, as well as on what is intended to be achieved in the future, for its fi nal implementation. Keywords: Achievements, Process of judges and prosecutors, Republic of Albania
- Impact of Public Debt on the Economy in the Republic of Kosovo - Empirical Evidence
In addition to the various economic policies that governments use to achieve economic objectives and increase social welfare, public debt as a source of fi nancing of the state budget is also used by governments of diff erent countries. However, other macroeconomic indicators have a tremendous role to play in determining the level of short-term and long-term debt or the share of domestic debt and external debt. The aim of this paper is to investigate the impact of public debt on the economy of the Republic of Kosovo, using secondary annual data from 2009- 2019. Data analysis was performed using multiple regression OLS (Ordinary Least Square). The results of the analysis confi rm that public debt has a positive but statistically insignifi cant impact on the country's economy. Total debt also has a low positive correlation with GDP. This research will also analysis the theoretical and empirical literature related to public debt. In order for the eff ect of public debt to be higher on the economy and increase social welfare, the government must use these funds productively to fi nance various investment projects. Keywords: Public debt, external and internal public debt, short-term and long-term debt, budget defi cit, economic growth
- Incentive Issues Underlying the Budget Process in Albania
Albania has been reforming its policy, planning and budgeting systems since the end of communism and now, in principle, has sound public expenditure management (PEM) systems and procedures within an Integrated Planning System (IPS). In practice, the PEM system has yet to operate fully as intended. Such reforms take time to implement properly, especially where incentives to implement remain weak or perverse. The 1998 Organic Budget Law created an enabling framework for the budget process that permitt ed, but did not explicitly require, an output focussed system based on medium term planning. Formal rules and regulations explicitly requiring such a system now exist (under the Law on Management of the Budgetary System (LMBS)) but the budget process continues to have weak planning during budget preparation and retains excessive fl exibility during budget implementation. There is a vicious circle: weak planning leads to chaotic budget implementation which requires excessive fl exibility in execution to compensate; the fl exibility in practice is a key disincentive for implementation of the intended PEM system. It also produces an opaque policy, planning and budgeting process. There are four categories of incentives infl uencing the extent and pace of achievement of the ideal system: Political commitment to implementing the ideal system. Civil service commitment to implementing the ideal system. The ability of both the political and technical strata to manage the change from the emerging system to implementation of the ideal system. External infl uences on the implementation of the ideal system. The Integrated Planning System is a sound one. If applied as intended PEM performance will be strong. Some of the incentives for application are weak. The IPS design includes the means of strengthening most of these incentives so continued implementation should bring positive results in PEM performance. The IPS design does not deal with the detail of performance management incentives (job descriptions and organisation missions refl ecting service delivery performance measurement, career development, personal performance appraisal) and these need particular intention. The critical incentives are those for good management not just good budgeting. Good management will deliver good budgeting. Keywords: Incentive Issues, Budget Process, Albania
- Real Exchange Rate and Foreign Trade Relationship: The Case of Hungary
Hungary's foreign trade has scored progress in recent years. The result of this progress has brought a positive eff ect on the country's trade defi cit. This situation also raised the question of whether foreign trade is aff ected by exchange rates. The purpose of this study is to evaluate the factors aff ecting the real exchange rate in Hungary from 1995 to 2020. In this study, the Granger causality analysis is used to measure the eff ects of macroeconomic factors on the real exchange rate. This study considers macroeconomic factors like exports and imports. Data of the study have been collected from the World Bank. The results show that there is a signifi cant and positive eff ect of exports on real exchange rate. Also, there is a bidirectional causality relationship from exports to imports. Keywords: real exchange rate, exports and imports
- Basic concepts of quality and standards
The basic principle that products and services must meet the basic requirements of users, led to the realization that the specifi cations that defi ne the product does not guarantee that the product will really achieve the required quality. The comparison between revenues and expenditures is the main form of business accounting and provides evidence of profi tability. The business owner or manager can not have a full understanding of the basic information needed to conduct successful corporate operations without proper use of statistics. Before you start with a new business (start-up) you should prepare a feasibility study and business plan for banks and potential investors in order to secure funding. Statistical methods and techniques are scientifi cally based methods and more important in sett ing the scientifi c and working hypothesis in planning and experimental research (computer simulation), processing and presentation of the obtained data and making statistical conclusion from this research. Keywords: Basic concepts, quality, standards
- Development of Administrative Capacity and Regional Policy EU funds for touristic sector in post crisis
This paper research provides an overview of European Structural and Investment Funds and Cohesion Policy in light of current trends in public investment. It highlights the importance of quality governance practices and administrative capacity in optimising public investment, and underscores the importance of strong administrative capacity among Managing Authorities in order to boost the eff ectiveness of European Structural and Investment Funds investment. It concludes with a description of the OECD diagnostic framework developed to support administrative capacity building in the context of managing EU funds under Cohesion Policy. Albania, one of the smallest countries in Eastern Europe, has experienced a period of transition marked by sharp economic swings and periods of civil strife. The early phases of decentralization witnessed the transfer of political autonomy, limited administrative and fi scal authority to local governments, inadequate legislation outlining central/local responsibilities, scarce fi nancial resources and developing ITC projects to mange touristic services. In January 2006, the government promulgated a national Strategy for the Decentralization and the Local Autonomy which included laws to strengthen the autonomy of local governments and increase their capacity to manage local infrastructure and services. The Albania Government has in its focus issues related to tourism. Keywords: Socio-demographic, Big push theory, Internet use, Touristic models, Decision making, SWOT analyse, EU Regional Policy, EU Structural Funds
- Travel agencies - Touristic activities
The aim of this paper is for the touristic features to be looked as economic activities. We always have to consider that tourism as an activity has its eff ect on the consumer. Every time the tourist consumes products and services from diff erent countries in many activities from which many economic activities are connected which are in service of tourism and touristic consumption. Tourism itself is an economic activity from which with its specifi cs aff ects in production activities. We always have to be clear on its heterogeneity that aff ects the social product and in the creation of social income, respectively the rise of its production. This is the clearest representation that guides us to access the study of tourism from the economic aspect seeing the role and its importance for the development of society in today's time. Keywords: Tourism, activities, Travel Agency, Organization, Ministry of Industry and Trading
- Examining corporate social responsibility of multinational corporations: The validity of international guidelines
This paper will begin with a discussion of the concept of Corporate Social Responsibility, what it entails and the inapplication of the concept to cross-border issues. Secondly, the discussion will lead into an analysis of Multinational Corporate Entities, focusing on ways in which the parent company can be held liable in the courts of the home state. The Corporate Social Responsibility (CSR) concept presents not only a picture of theories but also a number of approaches, which are disputable, vague, complex and ambiguous. This article critically analysis the concept of CSR in relation to the liability of Multinational Corporate Entities. By examining the main CSR hypothesis and related approaches under four pillars:(a) are corporations only interested in wealth creation (b) are there enforceable laws or guidelines under OECD and International Law as to establish liability of corporations(c) can Multinational Corporate Entities be held criminally liable (d) moral theories, based on ethical responsibilities of corporations to society. Multinational Corporate Entities operate in what has been described as "a vacuum between ineff ective national laws and non-existent or unenforceable international laws". (Corporate Social Responsibility Human Rights and the Law, Amao Olufemi,2011) Under International Law the MCEs are narrowly recognized and usually not directly bound by International Law. The eff ort as to the way MNEs operate with regard to Corporate Social Responsibility have resulted in soft laws and/or self-regulation. Moreover, it is imperative to address the role of MNEs in developing countries in relation to the pivotal impact in their economies. The need for such economic injections has overlooked the necessary steps that such corporations are required under soft laws or international guidelines to follow. Governments should not believe that they are helping businesses by failing to provide adequate directions or instructions as to human rights impact of corporate activities. All states have a legal obligation to protect human rights. As the concept of CSR has been evolving so has the criticism. It is from an economic perspective that CSR has been criticized for being vague in its aims set for itself and alienating Foreign Direct Investment from developing countries which economies greatly rely on as to the quality of life for their citizens. While from a legal dimension of CSR considers the concept as a means of accommodating legal changes to accomplish CSR objectives. Keywords: Corporate, Social, Responsibility, Entities
- The Impact of Leadership Styles on Motivating Corporate Employees in Kosovo
Leadership is the most important factor in business development, refers to the perceptions and expectations of group members in achieving the objectives of any private or public organization, organizational culture aff ects leadership as much as leadership aff ects organizational culture. In this regard, this study tries to refl ect the impact of leadership styles on the motivation of corporate employees in Kosovo. This study att empts to analyze the perception of corporate employees about motivation being infl uenced by leadership styles, in relation to motivation factors and how it relates to leadership styles. The study is based on four leadership styles, which refl ect their eff ect on the motivation of corporate employees in Kosovo. The research data collection is primary, conducted through a structured questionnaire, with a sample size of 391 respondents. The research results are based on the highly variable linear econometric model, and based on the research results the 4 leadership styles Classical leadership, Transactional leadership, Visionary leadership, and Organic leadership have had a positive impact on the motivation of corporate employees in Kosovo. Keywords: Leadership styles, Motivation, Corporate, Kosovo
- The sanitation of autochthonous grapevine cultivars (Kallmet and Vlosh) from viral infections using in vitro techniques
The use of the "pure" plant material constitutes a necessity for development of the contemporary horticulture, determined by the phytosanitary normative. We studied some autochthonous grapevine cultivars (Vlosh and Kallmet) in order to evaluate the phytosanitation state diagnosed with the serological method of DAS-ELISA for the presence of viruses such as: GFLV, GFcV, GLRaV-1, GLRaV-3. The results of the serological testing the cultivars resulted infected with the virus GLRaV-3 (Grapevine leafroll-associated virus). In order to improve the grapevine cultivars from the viral infection we applied the in vitro technique: In vitro meristem tip culture and in vitro heat therapy, by going through all its phases such as inoculation, propagation, rooting, and in vivo acclimatization. For each of the studies cultivar were isolated 30 meristem tips 0,4-0,6 mm in size which were excised from young 4 -5 cm long shoots of infected plants from the apical stems and aft er 40 days in the vegetative room we received 18 explants Vlosh and 14 explants Kallmet. Infected plants were put in a growth chamber at 38°C, with a 16 h photoperiod (5000 lux). The new plants were put in the in vitro thermotherapy chamber; the Vlosh plants stayed there for 3 months and Kallmet plants 4 months in temperature 38ºC in therapeutic treatment. Aft er the adoption in vivo acclimatization these plants underwent the sanitation evaluation which proved the phytosanitation purity of the cultivars 3/5 Vlosh grapevine and 2/3 Kallmet grapevine. Keywords: meristematic culture, the sanitized in vitro, thermotherapy in vitro. grapevine leafrollassociated virus, Kallmet, Vlosh
- Comparative analysis of the EU criminal law for environmental protection and the Albanian one
This paper consists of two main parts where the first one presents the path how the environmental issue was included in the primary legislation of the European Union (EU), starting this theoretical panorama from the first founding treaty - Treaty of Rome, in 1957. It shows that with the passing of...
- Family and private life according to ECHR jurisdiction
In the Albanian jurisdiction, the treatment of existing concepts of "family", "family life" and "private life" is limited in terms of legal, doctrinal or even jurisprudential meaning. In the meantime, other jurisdictions have developed family and private life...
- Considering mortage as one of the means of securing the execution of obligations recognized in the current Albanian legislation
The mortgage is one of the safest means to guarantee the execution of obligations. The definition of a mortage is given in the article 560 of the Albanian Civil Code. A mortgage is a defined as concrete right placed on the wealth of a debtor or of a third party, on behalf of the creditor, in order...
- The role of linguistic devices in political discourse
As we all know people use language to convey meanings for a certain purpose in a certain social context but at the same time they place themselves in the social organization according to their ideologies and power. Thus, linguists have conducted many studies focused on the way people use their...
- Theory about factoring service
Factoring is one of the oldest and common methods of trade finance over the world with a long historical development. According to historians, Factoring is originated 4,000 years ago in the days of King Hammurabi of Mesopotamia whereby the first literate societies were developed. Although...
- The harmonization of banking legislation in the EU
This paper attempts to assess the current legislation of banking in the European Union. The process of unification in Europe is also followed by efforts to harmonize and unify the laws of the member states. In the field of banking industry the precondition for harmonization of laws is the...
- Group decision-making: Factors that affect group effectiveness
Organizations are operating in a dynamic and turbulent environment. In these conditions, they have to make decisions for new problems or situations. Most of decisions are therefore non-programmed and unstructured, accompanied by risk and uncertainty. Moreover, the problems and situations are...
- Needs of Modern Education in Madaaris: Case study in Pakistan
Aft er the changing situations of peace across the globe along with the advent of 9/11, madrassah educational system has gained much att ention because of purported relationship between the students of these madaaris and terrorism. Appositeness between the educational prospects of madaaris and...
- Achievements and challenges about re-evaluation process of judges and prosecutors in the Republic of Albania
The constitutional reform related to the system of justice conducted in 2016 in Albania, was welcomed with a positive enthusiasm by all stakeholders, civil society, business groups, including the political class who voted for this reform unanimously. One of the goals of the implementation of this...
- Impact of FDI in economic expansion: The Kosovo case
The Republic of Kosovo declared independence from Serbia in 2008. Kosovo's neighbor to the north, Serbia does not recognize it as a sovereign state, but has begun to normalize relations in accordance with the Brussels Agreement of April 2013. With a population of 1.8 million and land area 6,765...