Suspension of sentencing of revised decisions, legal provision and enforcement in practice

• Pages: 97-104
• Date: 01 January 2025
• Published date: 01 January 2025
• Author: Sotir Kllapi,Enerjeta Shehaj

97

European Journal of Economics, Law

and Social Sciences

E-ISSN 2520-0429

ISSN 2519-1284

Vol.9 No.1

January, 2025

Suspension of sentencing of revised decisions, legal provision and

enforcement in practice

Sotir Kllapi

Prosecution against Organized Crime and Corruption

Enerjeta Shehaj

Administrative Appeal Court of Tirana, Albania

DOI: hps://doi.org/10.2478/ejels-2025-0009

Abstract

The review of a nal criminal decision is an extraordinary appeal instrument, because it does

not follow the usual rules of appeal. This is related to subjects, deadlines and cases. The review,

at rst glance, seems to be a violation of the principle of legal certainty, because it is intended

to review, retry a nal decision, but in fact it is the opposite. The purpose of the review is

essentially that of eective justice, that justice which must be done at all times, irrespective of

the fact that the sentence imposed by the nal decision may be fully served or extinguished.

The review institute has undergone legal reforms in order to increase eciency and respond

to the needs of time. The legal reform of this institute aimed to expand the ratications, adding

in addition to the issues of fact and issues of law, but also issues of the right to a fair legal

process. The legal reform was also in line with the evolving jurisdiction of the ECHR, but also

of Albania’s Constitutional Court. Along with the reform for review, changes were also made

to the institute of suspension of the execution of the nal sentence, when the request for review

of the decision is accepted. Suspension as an institute seems an eective means when it comes

to suspending a nal decision, which should not be executed because it is being reviewed.

The lawmaker has left the implementation of this institute in the hands of the court, which on

a case-by-case basis can assess whether it can impose the suspension or not? This increased

discretion of the court and the lack of a clear legal regulation has brought problems in practice,

with dierent interpretations of this institute. From practice we have noticed that often the

criteria for deciding whether to suspend or not when the request for review is accepted is

objective, but there have been no subjective criteria. In these conditions, arises the need to

make a clear legal adjustment as to when the suspension should be imposed and when not,

or to have a unication of practice by Albania’s High Court, in relation to legal cases as to

when it should be accepted or not and what legal criteria should be considered in approving

or rejecting this request.

Keywords: review of the verdict, suspension of execution, conviction.

Research Article

© 2025 Sotir Kllapi and Enerjeta Shehaj

This is an open access article licensed under the Creative Commons

Aribution-NonCommercial 4.0 International License

(hps://creativecommons.org/licenses/by-nc/4.0/)

1

European Journal of Economics, Law

and Social Sciences

E-ISSN 2520-0429

ISSN 2519-1284

Vol.8 No.3

October, 2024

1

Vol. 9 No.2

September, 2023

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

E-ISSN 2411-9725

ISSN 2410-759X

Research Article

© 2023 Ardita Abazi Imeri

This is an open access article licensed under the Creative Commons

Aribution-NonCommercial 4.0 International License

(hps://creativecommons.org/licenses/by-nc/4.0/)

Deliberating in the Gray Zone: North Macedonia’s Hybrid Regime and

Deliberative Democracy Exercise

Ardita Abazi Imeri

European Policy Institute (EPI) – Skopje

DOI: hps://doi.org/10.2478/bjir-2023-0001

Abstract

Deliberative polling has emerged as a promising method for promoting democratic reform

and citizen engagement in various contexts, however, its potential and limitations in hybrid

regimes, where democratic governance is challenged by a mix of democratic and authoritarian

features, remain relatively unexplored. This paper focuses on the case of North Macedonia,

as a country that has undergone signicant political and societal transformation especially in

the recent years. Despite eorts to promote democratic reforms, the country continues to face

challenges in terms of ensuring democratic governance and citizen participation. In a hybrid

regime, like North Macedonia’s, political leaders might not be inclined to value citizens’

input, and the media environment might not be free from inuence, which limits access to

varied and reliable sources of information. Civil society organizations may also encounter

limitations on their operations, and institutional assistance may be insucient. Additionally,

the population’s diversity could make it dicult to reach and build trust with citizens. In

this context, deliberative polling represents an opportunity to engage citizens in meaningful

political dialogue and institutional reform. This paper examines the potential of deliberative

polling as a tool for promoting governance in North Macedonia and highlights the challenges

and limitations faced in this process.

Keywords: deliberative poll, hybrid regime, authoritarian, democracy.

1. Introduction

Democracy around the world is in crisis. In general, the state of democracy world-

wide indicates a lack of progress (Economist Intelligence Unit, 2022). Looking at the

global picture, 2022 fell short of expectations for democracy, as it was anticipated that

the lifting of pandemic-related restrictions might result in an improvement in the

overall score. Both the Freedom House Report 2022 and the Economist Intelligence

Unit’s Democracy Index (EIU) 2022 indicate that the state of democracy around the

world is facing signicant challenges and setbacks.

Research Article

© 2024 Etleva Dobjani and Saimir Kristo

This is an open access article licensed under the Creative Commons

Aribution-NonCommercial 4.0 International License

(hps://creativecommons.org/licenses/by-nc/4.0/)

Unveiling the Subterranean Heritage: A Case Study of the Underground City

of Kukës, Albania

Assoc. Prof. PhD. Etleva Dobjani

Head of the Department of Architecture and Design, Barleti University, Tirana, Albania

Assoc. Prof. PhD. Saimir Kristo

Vice Dean in the Faculty of Applied Sciences and Creative Industries, Barleti University,

Tirana, Albania

DOI: hps://doi.org/10.2478/ejels-2024-0014

Abstract

This paper investigates the viability of conserving and repurposing Kukës’ underground city,

which was built as a system of civil defence tunnels during the communist era in Albania.

Beneath contemporary Kukës, the underground complex, which houses administrative oces

and hospitals, is an important but underutilized historical and architectural asset. This study

assesses the architectural elements, historical value, and present state of the tunnels using

an extensive methodology that includes expert interviews, public consultations, on-site

inspections, and archival research. Results highlight the site’s dual signicance as a historical

landmark and a possible center for innovation and tourism.

The research oers strategic proposals for reviving the tunnels to strengthen the local economy,

maintain cultural identity, and increase tourist araction, drawing on foreign case studies. By

promoting the inclusion of Kukës’ underground city in larger regional development projects

and considering both community goals and pragmatic concerns, the article adds to the current

conversations in urban planning and cultural preservation.

Sustaining and repurposing Kukës’ underground city has various benets, including

enhanced cultural tourism and economic resurgence that encourage sustainable growth, the

paper points out. Still, challenges like deteriorating infrastructure, security concerns, and

accessibility issues must be overcome. Urban planners and politicians can apply the research’s

practical implications by using it to develop a model for cultural preservation that aligns with

modern social and economic goals.

A sense of shared identity and legacy among the local community’s members is fostered by

the initiative, which has signicant social implications as well. The study has some drawbacks,

including the need for signicant funding and the potential for opposition from groups who

do not recognize the advantages of these kinds of initiatives. To summarise, this research

highlights the potential of adaptive reuse to bolster the sustainability and resilience of urban