Suchergebnisse

The promotion and protection of human rights are at the core of legal systems worldwide. Human Rights serve as the basic standard of democracy and rule of law. Recently, human rights generations have been expanding, and it is understable because of the theory of development and social changes. Right to a corruption-free society is at the core of human rights generations. This is because the enjoyment of numerous freedoms and human rights is strongly linked to a corruption-free society. Very important principles such as Equality principle and non-discrimination principle cannot be exercised in a corrupt society. The process of ensuring right to a corruption-free society and punishing corruption when it occurs is a scope of international legal instruments. Numerous legal instruments and legally binding instruments are helping to combat, prevent, and fight corruption as a transnational phenomenon which makes international cooperation essential. Albania has ratified most international instruments, even though it is a crucial case of corruption in Europe because of the high levels of corruption according to statistical data. Is the corruption in Albania caused by the implementation of legal framework? The right to a corruption-free society is part of our constitutional human rights. It is in the administrative law as well as a free-service principle. Also, it enjoys penal protection since penal law sanctions it as a criminal offence. In this research paper, it will be dealt with together with the international legal instruments compared to the three objects of the study of Albanian law (constitutional, administrative, and penal law). This analyzes their legal framework coming to the conclusion as to why the Albanian legislation is not effective in ensuring right to a corruption-free society.

Human rights issues are a legal international concern. This paper deals with two gross violations of human rights in Albania, so-known as Gerdec case and 21st January case,in a comparitive view of court's decisions, elaborating the cases from the description of what happened to the human rights protection issues and finally in the decisions of albanian courts. The both cases are really sensitive and gross violations because there are some violated human rights in a single case including the right of life and because the cases call into question state responsibility vis-à-vis. In the first section of this paper it will be offered Gerdec case and 21st January case and what human rights are violated in these cases, starting with what happened in 15th March and 21st January, what happened with the cases in the court as human rights violations goes. The second section of the paper will bring out some similar cases in Europe, comparing decisions of European Court of Human Rights. We use secondary data and contents analysis, decisions court, interviews and statements of the people in order to obtain full and comprehensive picture of these gross human rights violations happened in the recent years in Albania. The comparative study will be in two levels: acts of governmental institutions and judicial process. The paper aims atreaching some conclusions, proposals and recommendations that could improve situation of human rights in Albania. DOI:10.5901/ajis.2014.v3n3p222

Mediation in conflict resolution constitutes a new trend in restorative justice. Mediator's procedures are "sanctioned" since Antiquity and later in the years 1999, 2003 and 2011. However, only after the first licensing of mediators and the Creation of National Chamber of Mediators in Albania we can seriously talk about the beginnings of the institutionalization of mediation. Why Albanian State and USAID and JUST program are investing in mediation conflict-resolutions? The main reason is because Albanian Judiciary System is estimated, perceived as extremely corrupted. Mediation is extremely important in corrupted judiciary systems as arrives to resolve conflicts satisfactorily for conflicting parties, it takes less time and less financial costs. It looks like mediation solving conflicts gives to the conflicting parties what the corruption denies. This paper will analyze the role of mediators in the resolution of conflicts, the need to bring qualitative changes in the practices of conflict resolution, the big challenge of establishing trust and everything connected with a biased process. The paper will be described by some questions and above all the question mark is if it possible to extend the mediation procedures in all conflict resolution? What is public impact of mediation? Is it possible to have corrupted mediation as corrupted as judiciary system? What is the solution if it happens? Some findings and conclusion will be the last session of the paper bringing us a clear picture of what the mediation should be. DOI:10.5901/mjss.2014.v5n22p12