Suchergebnisse

There is no precise and universal definition about what is administrative law, but rationally it can be determined that covers the organization, functions, duties and responsibilities of public authorities of all kinds who take part in the administration, relations between them and citizens or between them and non-governmental bodies. It defines legal methods for controlling public administration as well as the rights and duties of officials. We must say that administrative law theory over time has slipped into a legitimate model that underlies the political control of the administrative policy. It must be admitted that the role played by political decision making in administrative ones has greatly increased, viewed from the perspective of a very questionable democratic theory. According to legal positivism or Hart defined by Kant, the most important moral principles between standarts are identified as governing laws. So we first have the social fact, and this fact can be then a law. Thus was born the administrative law as a social fact. So a rule, can be turned into a law, welcomed by all the society. From the administrative law it was defined the local governance definition. The existence of modern already legal positivism, which enables morality or political morality to return to positive law through several methods become an inclusive part of a set of naturally beliefs.

After declaring its independence in 1912, the Albanian state was recognized as such by the great powers only in 1913, during the Peace Conference in London, where besides the important fact of the de jure recognition of Albania as a state in the international arena, it was territorially disintegrated, where more than half of its territories remain outside of the state borders. In the Organic Statute of Albania, Albania was formed as a constitutional pricipality and hereditary sovereign under the guarantee of six major international states. If the aforementioned Statute, Chapter VI defines the organization of local administration in Albania. We can see for the first time a juridical status of local government in Albania to the most important document of the time. Based on Article 95 of the Statute, Albania was divided into seven sanjaks (units), these were divided in Kaza, and these latter in Nahije. Remaining from the Ottoman conquest of how organized and label, Sanjaks were those of Shkodra, Elbasan, Dibra, Durres, Berat, Korca and Gjirokastra. Regarding the analysis of the organization of local government, as we shall see below, this model is a remnant of the Turkish invaders organization and does not bring any innovation regarding the organization in this period. Such a form of organization had itself the Turkish Empire, which brought in Albania together with the process of invasion for centuries.

When studying the public management, the top element doing this management in the public sector is the local government. A better management by the local governance can give better public services to the citizens. As the first step on giving the best model of local governance managing public services, we should see how this functioned before, the problems relating to it and the focal points of it. We collect basic law literature and facts from everyday life regarding the management, how it was done and why it failed on giving an efficient public service by the local government. This is done by comparing this management on different periods and comparing the results of them. The result is that local governance has not function well as a public manager in Albania. Things can be improved by taking the steps and making the changes resulting from our study. In this paper I will show how the public management its done by the local government units in Albania after '90, the pro and contra of the system, the disbalance through the units regarding the management of public funds and those on collecting taxes and the recommendations on improving the management. DOI:10.5901/mjss.2016.v7n3s1p465

One must recognize that each country has its own corporate culture, national personality and priorities, so there is no single agreed system of "good" governance. The purpose of this study is to further understand the commonalities and differences of corporate governance practices in Albania and EU countries through an analysis of corporate governance codes, practices and legal framework. This research tends to interpret and give information about Albanian company law in the light of provisions of EU company law, which it transposes, focused on corporate governance. The comparison includes legal treaties, dissertations, articles and books, papers on corporate governance. Also there was a consultation with Regulatory Authorities of corporate governance in Albania. Albania has decided to harmonize the national law with that of European law, but Albanian legislator mostly has deviated in their provisions from EU Law. One could realize that this came from the incapability of Albanian market to absorb EU provisions, or from the incapability of Albanian politicians walk in the right path of EU because of the fact this could jeopardize their economic interests. As a result it is urgently needed the expertise of qualified lawyers, not only to understand better the new trends on corporate law but to implement the law properly. DOI:10.5901/mjss.2015.v6n4s3p233