European Journal of Economics, Law and Social Sciences

International Institute For Private Commercial And Competition Law (IIPCCL)
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  • Mandatory Mediation in Family Disputes: Limitations and Future Foresight in Kosovo

    The aim of this paper relies on defining the dimension of mandatory mediation in Kosovo in family disputes in the aspects of the advantages and limitations. The resolution of a family dispute is a complex process as it carries the legal aspects of the dispute with the emotional and psychological matters. Mediation is considered to be a great fit for family disputes as it is interest-based and it focuses mainly on the future, both of which directly impact the on-going relationships between the family members. Mediation has been supported and encouraged over the last decades, yet its utilization remains scarce. Many countries have regulated mandatory mediation in accordance with the Directive 2008/52/EC in order to increase the use of mediation. Mandatory mediation in family disputes has been debated by many authors, with one side advocating it as proper and beneficial while the other side questions its reliability in the face of power imbalance and domestic violence. Mandatory mediation in Kosovo is used in specific matters in family law and it aims to offer the parties a chance to benefit from mediation as it provides a faster and cheaper alternative to the courts. The usage of mediation in Kosovo remains low which is believed to be due to the lack of recognition and understanding by the parties, lawyers and court professionals. Keywords: Mandatory, Mediation, Family Disputes, Domestic Violence, Children’s Interests.

  • Self-regulation strategies as a learning assessment in students

    The research examines the strategies of self-regulation, which are applied by students during the learning process. As an instrument in order to collect the information for this paper, is used the so-called questionnaire “Strategies and self-regulation questionnaire”, which was developed by psychologists, Printman, Smith, Garcia and McKeachie (1991), who worked at the University of Michigan. The purpose of this study is to measure the strategies of selfassessment, self-esteem and self-discovery that students show during the learning process, to understand if the students try to find different alternatives suitable for them,in orderto allow them to learn more easily. This research is a type of descriptive, and the questionnaire is applied for collecting the required data. In order to accomplish an agreeable result/estimation, the research was conducted in three parallels of seventh grade of the primary school “Migeni”, Mitrovice, Kosovo. The obtained results were analyzed by hi-square, χ2, coefficient variation, and standard deviation. The hypotheses of this research are: “Difficult teaching lessons make students/pupils to collaborate with their classmates or with the teachers”; “The students are capable of selfjudging while gaining knowledge, remembering and reproduction of them”; “The act of learning and doing homework in a specific place, without changing, impacts in higher and easier concentration. Taken in consideration the obtained results, the first and second hypotheses are verified as accurate. The hi-square of the first hypotheses is 3.13, hi-square of the second hypotheses is 4, and hi-square of the third hypotheses is 152.788. Keywords: students, self-regulation strategies, learning.

  • Legal framework for citizen participation in decision-making processes at the local level - the context of Kosovo

    Public participation is essential to the promotion of democratic governance, the rule of law, social inclusion and economic development, including the fulfillment of human rights. Each country should create the legal framework for giving effect to the right to participate in public affairs by ratifying relevant international and regional treaties and incorporated them in national laws, policies and practices in order to ensure that equal right to participate in public affairs is recognized and protected within national legal framework. Despite being a fairly young democracy, Kosovo has a progressive legal framework. It has been developed with a strong support of the international community whereby majority of international instruments are incorporated within constitutional provisions and numerous positive laws. Consequently, the right to participate is entrenched in constitutional provisions, laws and bylaws of Kosovo. This paper explains the efforts undertaken in Kosovo to increase the participation of citizens in decision-making process using: normative legal method and qualitative method, by focusing on the specific analysis of the legal framework for citizen participation by comparing it with established practices which are often in conflict with the legal basis as a result of interference by political institutions. Keywords: public administration, transparency, political interference, public consultation, public policy.

  • Execution of criminal decisions for juveniles and their suspension

    Juvenile criminal law is characterized by special care, humanism, and efforts to "punish" the perpetrators so that the person is not harmed and oriented towards the best possible education, with the norms of civic education. The aim of the legislature is that through special care efforts be made to channel and discipline this specific category so that they feel the care of society and the state in their lives. Detailed efforts have been made to provide, through the Juvenile Justice Code, proper legal regulation of all aspects pertaining to the field of criminal proceedings, punishment and enforcement for the category of juveniles who for various reasons have participated in committing various criminal offenses. The legislator has rightly attached special importance to this category of subject, to whom society and the state have a high sensitivity, not only for the fact of their arrival as honest citizens, but also for what avoids and prevents the commission of them of future criminal offenses. Keywords: execution of criminal decisions for juveniles, juvenile criminal law, juvenile defendant.

  • Youth Education and Employability in EU challenged by culture and technology

    2020 was the year of finalization of many programs upon which other ones were build, by principle, more solid, sustainable and effective directing to a unification that will assure social inclusion and economic growth. Programs with higher impact on education, research and culture, respectively Erasmus+ 2021-2027, Horizon Europe and Creative Europe, were launched in last two years, setting the path toward which the future of youth can be foreseen. In this programs cross border dimension is appraised as the approach to European citizens that pursue intellectual and cultural development beyond personal benefits, contributing to the community and society by making human capital more employable and competitively more advantaged. Unlike policies related to legislation and security, policies related to education are difficult to be imposed because from one side they rely on the will and responsibility of citizens and their elected governing entities to improve themselves and from the other side their effect in the short run exacerbate individuals and their domain (family and community). The actual challenge is with the most presumed active and performing group of population (youth) whose potential is conditioned from the degree to which the human capacity is exploited. For this reason, education and employment take a particular attention because it is generally concentrated in this lifeperiod. This study tries to evidence how culture and technology, as main influencers of social-politicaleconomical change, have challenged education and employment of youth, to have a clearer perspective on the real possibility of programs to succeed. Keywords: Culture, education, employability, European Union, technology, youth.

  • School autonomy, achievements and challenges in the Albanian education process

    After 1990, special attention was paid to education management and school management. In the field of education reform that includes Albania this was an opportunity that our school sees itself in a more modern vision in terms of its management. It should emerge from the frameworks as the executives of the Ministry of Education, Youth and Sports guidelines and orders, but also as the initiator, drafting and implementing policy at school level. In a wider vision besides the contentious side, the look had to be thrown away by financial management, new relationships with the parent community and ultimately with local government. From this point of view, we must acknowledge that positive steps have been taken, but much remains to be done in terms of effective, long-term management, and management of the school as the primary institution of education. This paper aims modestly explain step by step the role of school leaders as managers, in aid that he should give, and then supporting factors in school governance. Of course, the analysis provides facts on achievement and not achievement, so i was trying to keep my position on this problem. Keywords: School management, administration, school director and finance, managerial skills, sources of funding, school board, local government.

  • Establishing fair agricultural land mortgage regulations

    A mortgage is defined as a person's relationship with the land possessed by another person who has debt from that lender. As long as the debt has not been paid in full, the land remains in possession of the money lender (pledgor). During this temporary possession period, the total land yields are the right of the pawnbroker which forms the debt interest. The land redemption depends on the willingness and ability of the pledgee. A large number of mortgages last for years, decades, and even some are passed onto the heirs of the pledgee and the pledgor as the pledgee is unable to redeem his land. Keywords: Agricultural land mortgage, debts, Customary Law, establishing fair regulations.

  • Digital Trade and Data Protection: The Need for a Global Approach Balancing Policy Objectives

    In an increasingly data-driven global economy, this contribution analyses the ambiguous relationships between global trade, cross-border data flows, and online privacy. Free data flows and localization constitutes an essential driver for E-commerce and a pre-condition for its potential success. But legal and cultural differences between national, regional and international regimes on privacy and data protection, as well as variable public policy objectives pursued by governments, may constitute a new generation of non-tariffbarriers to digital trade. This assessment makes more necessary a global approach balancing policy objectives, while enabling interoperability between differing national regimes and removing discriminatory trade barriers to cross-border data flows. For this purpose, any national privacy policy or international agreement should be based on the following three pillars: 1) adopting data protection principles and standards in accordance with OECD Privacy Guidelines; 2) setting up effective mechanisms for cooperation between national data protection commissions or authorities; and 3) providing for a “trade test” that ensures free flows and localization of data between countries, while recognizing that sometimes measures are necessary to achieve legitimate policy objectives and, in this case, such measures should be the least trade restrictive, non-discriminatory, and transparent. Keywords: Digital Trade, Data Flows, Privacy, Public Policy Objectives, OECD Privacy Guidelines, WTO Principles.

  • Legal Implications Authority of the Investigator of Drug and Food Monitoring Agency (BPOM) in Law Enforcement in the Field of Drug, Food, and Beverage

    The existence of the Food and Drug Supervisory Agency (BPOM) which has the authority to investigate in criminal acts against food and drugs has an important role in strengthening the protection of community rights, especially in the health sector, because health concerns the quality of lifeof the people and human resources Indonesian nation. However, there are several problems faced by BPOM in carrying out their duties, including philosophical probematics of the authority of BPOM as a drug and food supervisor does not seem to provide a tendency to justice but has the potential to reverse, Theoretical Problems with BPOM authority in the form of Presidential Regulations, and Juridical Problems, namely there is an unsynchronization regarding BPOM's authority arrangement. The purpose of this research is to analyze, and find legal implications that can arise from the condition of the authority of BPOM investigators in law enforcement in the fields of drugs, food and beverages. This research uses normative legal research methods with the statute approach, and conceptual approach. The analytic technique of this research is using evaluative analysis. The results showed that although Presidential Regulation Number 80 Year 2017 provides enforcement authority which also has implications for the BPOM deputy enforcement structure, the type of presidential regulation does not provide PPNS legal force to take action optimally, so there are limitations to the role of National Land Agency (BPN) Civil Servant Investigators (PPNS). National Land Agency (BPN) Civil Servant Investigators (PPNS). Keywords: Drug and Food Control Agency (BPOM), Regulation, Authority, Legal Implications.

  • Lean Management Philosophy for Public Administration: Case COVID-19 Pandemic

    This paper addresses three important issues, lean management philosophy, public administration, and the consequences caused by pandemic COVID-19. The purpose of this research is to present and promote the values of lean management philosophy in order to be accepted and implemented as an appropriate method in public administration.Also, this paper brings concrete arguments which prove that lean management is suitable in public administration even in emergency situations.The research was conducted in Peja municipality in the Republic of Kosovo where three important sectors were observed such as: the education process, management of movement and travel restrictions of citizens and social assistance. The case study method has been applied where institutions, policies, events, individuals and working groups have been observed and systems and methods have been analysed during their operation. The research findings are interesting because it has been possible to identify different organizational, acceptable and unacceptable cultures of public administration employees and consequently the results are different.Organizational culture based on lean management methods has proven to be convenient and useful. Keywords: Lean Management, Public Administration, Critical Success Factors, COVID-19, Organizational Culture.

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