Your World of Legal Intelligence
 European Union | 1-800-335-6202
Publisher:
International Institute For Private Commercial And Competition Law (IIPCCL)
Publication date:
2020-09-23
ISBN:
2519-1284

Issue Number

Latest documents

  • Legal Implications for Legal Protection for Children as Victims of Criminal Acts of Sexual Violence in Households (Domestic Violence)

    Cases of criminal acts of decency experienced by children, from time to time is increasing. In Indonesia in handling rape cases or immoral acts, victims are often placed as evidence, not as seekers of justice. This raises classic problems including philosophical problems, the legal protection it imposes as a current arrangement against children as victims of domestic violence has not been effective, Theoretical Prolematics, the system adopted by the Criminal Procedure Code (KUHAP) is retributive justice, which is a policy where the point of protection is the offender oriented rather than restorative justice which focuses on the protection policy for victims of crime and juridical problematics, policies whose point of protection is the offender oriented (offender oriented) . The purpose of this study is to find out what the legal implications of legal protection for children as victims of rape in the household. This research is a normative juridical research, then the approach used is the statutory approach, concept approach, historical approach, case approach, and philosophical approach. Legal material analysis techniques are carried out in perspective. The results showed that the legal implications of children as victims of rape in the household only accommodate acts of forced sexual intercourse in the form of penis penetration into the vagina and with evidence of physical violence due to the penetration. As a result, children cannot demand justice by using a law that has a narrow definition of the crime of rape and the experience of women victims shows that sexual violence is not merely rape or fornication, but also includes other types such as sexual harassment, coercion of marriage, sexual exploitation, coercion sterilization, sexual torture, and sexual slavery. Keywords: Rape, Legal Implications, Child Victims, Domestic Violence.

  • Gender perception on leadership style: Case of Albania

    Leadership, leadership style and gender – leadership relation topics have attracted the attention of scholars throughout human history. This research paper investigates the perception differences of leadership style between genders. The testing of ourhypothesis is done through the gathering of data, using leadership style questionnaire (Northouse 2013). The survey was distributed to 387 staffmembers of two biggest private hospitals in Albania. Parametric and non-parametric tests were conducted. Despite the difference between the institutions where the research is conducted, the results indicate that there exists a difference in perception of leadership style between genders. The results of this research contribute to the understanding of leadership style perception through genders, helping practitioners to comprehend differences and take actionaccordingly. Keywords: Leadership style, gender, private hospitals, Albania.

  • 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.

  • Assessment in the schools of Kosovo

    This research paper deals with assessment and the way students are being assessed in some schools in Kosovo. It analyses whether the English teachers are using summative assessment or formative assessment when it comes to assess students, or if they prefer to stick to their traditional ways of assessing, because formative and summative methods require more dedication than the traditional methods. The study was conducted on the assessment process of English teachers, who work and teach in different schools in Prizren. The research includes twenty English teachers who differ on the basis of following criteria: their age, their teaching experience, education related to assessment, attended trainings related to the process of assessment, number of students in a class, opinions about the quality of the assessment process in their school and their attitudes towards modern methods, especially formative and summative assessment. Data has been collected qualitatively in the form of interviews and analyzed using content analyses (Silverman, 2005) and inferential statistics by comparing results. The results have shown that there are significant differences in application and understanding of the importance of the formative and summative method of assessment. The study has shown that, even though most of the teachers have claimed to give priority to formative assessment, it appears that summative assessment is still dominant and favored by the majority of the teachers. Keywords: assessment, formative method, summative method, English teachers, student feedback.

  • The Economic Importance of Trademark Registration in Kosovo

    The main purpose of this paper is to collect research data on how often Kosovar customers purchase trademarked products / services from our businesses and how the brand name affects their persuasion to purchase that product / service. Another purpose of this research is to understand what motivates consumers to buy branded products / services from Kosovar businesses, to understand their attitudes about how well they value these branded products, what factors motivates them most in buying trademarked products / services and how important are promotional activities and advertising in persuading consumers to buy trademarked products / services and their impact on increasing sales to businesses in Kosovo. From the results of the research we have reached important conclusions regarding the influence of trademark on consumer behavior. Trademark is an important instrument for persuading consumers to buy products and that business and financial performance of businesses is enhanced by the brand name. To accomplish the goals in this study we have put forward two basic hypotheses; H1- “The age of consumers may influence the purchase of a product/service with a particular trademark of Kosovo businesses”; andH2- "Promotional activities and advertising of a trademark can persuade consumers to buy trademarked products and increase the success of the sale of Kosovar businesses". Trademark registration under Kosovo legislation is not mandatory, but it is preferable to do so because of the protection against risks, such as the use of the mark by another company which will result in reduced sales and powerlessness to change the situation because we can know which business uses the product first. Considering that the area of trademark development in Kosovo is relatively the area that has received the most focus over the last decade, there are also cases of lack of basic knowledge of publicly owned industrial property rights. Which could encourage individuals to advocate for intellectual work and the pursuit of new ideas. The importance and treatment of intellectual property as an intangible asset should be enhanced both in the public sector and within private companies. Keywords: Brand, survey, Kosovo, market, trademark, IPAS, API.

  • Establishing Kaizen in small- and medium-sized German enterprises: A concept to drive innovation

    The ability to innovate is crucial, not just for national economies but also for all kinds of companies. Kaizen is the Japanese concept of management based on a philosophy of eternal change, which is to keep a continuous improvement process going. The Kaien concept has been widely applied, specifically in industries that are dominated by large and multinational players, such as the automotive sector. In most European countries, small- and medium-sized enterprises play a major role, specifically in Germany. It is all the more surprising that the Kaizen approach has thus far been de facto irrelevant in the literature dealing with smalland medium-sized companies. This article shows that the Kaizen philosophy provides an appropriate strategic basis for establishing a continuous innovation process in small- and medium-sized companies. The first part of this article explains the basic characteristics of the concept of innovation and the importance of small- and medium-sized companies and their ability to innovate. The second part outlines the Kaizen approach and its fundamental paradigms. The third part describes how a Kaizen-based, continuous innovation process can be implemented in small- and medium-sized German companies. Keywords: Kaizen; innovation; continuous improvement; medium-sized companies.

  • Juveniles in Criminal Proceedings

    This paper is of a combined character; summary and research, as it contains comparisons and research in a critical way, so it includes content and important psychological aspects of criminal actions that lead the juvenile person to conflict with the law, including factors which directly or indirectly affect this category of society to be involved in criminal activity. Even more fundamentally, it has been possible to include the comparative character of the actions of the relevant institutions that treat this category of society in the criminal aspect, respectively the theoretical-practical aspect and the legal basis of these institutions. The paper highlights the advantages and difficulties that arise between law enforcement agencies for the treatment of this category of persons in a criminal process, as well as legal shortcomings, especially bylaws and especially emphasizes the need to actively engage the social worker and psychologist in the criminal process, as a necessity which, despite the reform of the legal infrastructure, still remain outside the necessity of active involvement in the juvenile proceedings. Keywords: Juvenile justice, reform, adequate treatment, prevention, harmonization, resocialization, legal process, juvenile personality, standards.

  • 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.

  • 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.

  • 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.

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