Public-private partnerships are one of “the hottest” topics in Albania at the moment for their wide application and the problems related to them. In recent years, Albania is increasingly using these forms of Public-Private cooperation, to help to develop the country both in terms of infrastructure and services. Due to the great importance of their application, national political actors and international bodies are becoming more and more alert to the problems that these forms of cooperation are showing, in order to be able to solve the most acute and immediate problems in this direction, also in the framework of membership of Albania in the EU. For this purpose, this paper analyzes some aspects of the legislation and operation of PPPs in the country in a comparative view with the legal framework of the EU and some European countries. In this paper, are used several scientific methods such as the analytical, comparative and data collection methods also taking into account the primary and secondary sources. The conclusions and recommendations of this paper are related to the positive evolution that this institute has already had and should have in Albania in terms of legal regulation and increased transparency of PPPs procedures, but also to the problems that appear in relation to corruption in tender procedures, the weakness of institutions, the lack of the capacity of the PPC and the Administrative Court to deal with the large number of appeals in this field etc.
{"title":"Reflections on some aspects of how the Public-Private Partnerships are building the Country: the Albanian case in a comparative view","authors":"Renata KAU, Sofjana VELIU","doi":"10.58944/fzyj6962","DOIUrl":"https://doi.org/10.58944/fzyj6962","url":null,"abstract":"Public-private partnerships are one of “the hottest” topics in Albania at the moment for their wide application and the problems related to them. In recent years, Albania is increasingly using these forms of Public-Private cooperation, to help to develop the country both in terms of infrastructure and services. Due to the great importance of their application, national political actors and international bodies are becoming more and more alert to the problems that these forms of cooperation are showing, in order to be able to solve the most acute and immediate problems in this direction, also in the framework of membership of Albania in the EU. For this purpose, this paper analyzes some aspects of the legislation and operation of PPPs in the country in a comparative view with the legal framework of the EU and some European countries. In this paper, are used several scientific methods such as the analytical, comparative and data collection methods also taking into account the primary and secondary sources. The conclusions and recommendations of this paper are related to the positive evolution that this institute has already had and should have in Albania in terms of legal regulation and increased transparency of PPPs procedures, but also to the problems that appear in relation to corruption in tender procedures, the weakness of institutions, the lack of the capacity of the PPC and the Administrative Court to deal with the large number of appeals in this field etc.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The ongoing conflict in Ukraine has profoundly affected the individuals, living in the affected territory and other parts of the globe. Several academics believe that the recent aggression against Ukraine and the absence of a coordinated international response indicate the failure of international law today. Concerns over such a failure prompt a re-evaluation of the tools available under international law for preventing wars or hastening their peaceful conclusion. In this paper, the author will analyze the importance of these instruments, arguing that they play a fundamental role in preventing direct threats and avoiding the use of force. At times, they go above and beyond the collective security mechanism of the United Nations Security Council. It is adequate to remember that “war is a continuation of the negotiation process that fails to find a resolution through peaceful means,” as mentioned by the war and conflict theorists, Clausewitz and Thomas Schelling. Perhaps, it goes to the idea or the real purpose of several norms of international law to make the military option less attractive than the peaceful one. The case of Russian aggression in Ukraine demonstrates the limitations of international law in preventing violations and aggression but also highlights the importance of continuing to evolve and improve international legal frameworks. Despite its limitations, the author concludes that international law remains vital for promoting peace and stability in the global community and should be continually evaluated and strengthened, to address complex problems.
{"title":"In the dilemmas of International Law. Case study, Russia’s war in Ukraine","authors":"Stela KARAJ","doi":"10.58944/qcgw8870","DOIUrl":"https://doi.org/10.58944/qcgw8870","url":null,"abstract":"The ongoing conflict in Ukraine has profoundly affected the individuals, living in the affected territory and other parts of the globe. Several academics believe that the recent aggression against Ukraine and the absence of a coordinated international response indicate the failure of international law today. Concerns over such a failure prompt a re-evaluation of the tools available under international law for preventing wars or hastening their peaceful conclusion. In this paper, the author will analyze the importance of these instruments, arguing that they play a fundamental role in preventing direct threats and avoiding the use of force. At times, they go above and beyond the collective security mechanism of the United Nations Security Council. It is adequate to remember that “war is a continuation of the negotiation process that fails to find a resolution through peaceful means,” as mentioned by the war and conflict theorists, Clausewitz and Thomas Schelling. Perhaps, it goes to the idea or the real purpose of several norms of international law to make the military option less attractive than the peaceful one. The case of Russian aggression in Ukraine demonstrates the limitations of international law in preventing violations and aggression but also highlights the importance of continuing to evolve and improve international legal frameworks. Despite its limitations, the author concludes that international law remains vital for promoting peace and stability in the global community and should be continually evaluated and strengthened, to address complex problems.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper provides an overview of the challenges and dynamics surrounding the democratic transition and corruption in Albania over the past 30 years. It highlights the persistent issues of corruption, clientelism, and state capture within the country’s political landscape. Despite continuous reports from international entities and a growing concern regarding democratic developments, the road to European membership remains arduous. The influence of the same political elite and the re-election of corrupt leaders have contributed to the perpetuation of these issues. The prevalence of clientelism during electoral seasons has further complicated matters, with voters often prioritizing personal benefits over national-interest projects. Clientelism and clientelistic relationships put democratic instruments in jeopardy. In post-communist states, political science has had mixed success in discovering strategies to combat clientelism and ensure free and fair elections. In a post-communist society, the relationship between corruption and electoral responsibility is yet unknown. As a result, corrupt politicians continue to get elected over time. This theoretical paper presents a new technique for boosting citizen awareness about the existing situation of corruption and punishing corrupt politicians through voting. The breakdown of clientelistic links based on distributive advantages from rival political parties to citizens is at the heart of this strategy, as is developing a sense of belonging to a political grouping based on shared values and aims.
{"title":"Unveiling the Perils – Addressing Clientelism and Corruption in Post-Communist Albania through Enlightened Civic Engagement and Electoral Accountability","authors":"Adela DANAJ, Ervis ILJAZAJ","doi":"10.58944/qkuk2129","DOIUrl":"https://doi.org/10.58944/qkuk2129","url":null,"abstract":"This paper provides an overview of the challenges and dynamics surrounding the democratic transition and corruption in Albania over the past 30 years. It highlights the persistent issues of corruption, clientelism, and state capture within the country’s political landscape. Despite continuous reports from international entities and a growing concern regarding democratic developments, the road to European membership remains arduous. The influence of the same political elite and the re-election of corrupt leaders have contributed to the perpetuation of these issues. The prevalence of clientelism during electoral seasons has further complicated matters, with voters often prioritizing personal benefits over national-interest projects. Clientelism and clientelistic relationships put democratic instruments in jeopardy. In post-communist states, political science has had mixed success in discovering strategies to combat clientelism and ensure free and fair elections. In a post-communist society, the relationship between corruption and electoral responsibility is yet unknown. As a result, corrupt politicians continue to get elected over time. This theoretical paper presents a new technique for boosting citizen awareness about the existing situation of corruption and punishing corrupt politicians through voting. The breakdown of clientelistic links based on distributive advantages from rival political parties to citizens is at the heart of this strategy, as is developing a sense of belonging to a political grouping based on shared values and aims.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of the article is to deal with the influence of electoral systems and rules on the strategies of political parties, on increasing voter confidence and on creating a sustainable electoral framework. Through research into the history of elections in Albania, especially in recent years, the article points out that electoral systems and rules have had and have a significant impact on political representation, the behavior of the electorate, the representation of minorities, regional and local representation, accountability, coalition building and public perception. For a democratic and standard development of elections in Albania, it is important to ensure that any reform matches the specific context and needs of the country. A well-defined, accessible and transparent legal framework can help improve the electoral process and minimize delays or confusion. Security and reliability in the electoral process is essential. The flaws and shortcomings that are noticed will be reduced and minimized by tightening the laws that protect the electoral process, accompanied by punitive measures to combat any violation of the electoral rules. This war is one of the current affairs that always accompanies the arena of politics in our country. Encouraging observation and transparency would be the most important and decisive step that would motivate people to go willingly to vote and be aware that their vote would be valid and transparent. In recent years, Albania has undergone electoral reforms to address some of the challenges related to the election system and has made improvements.
{"title":"Impact of electoral systems and rules on political representation in Albania: shortcomings, changes and fight against their violations","authors":"Abla XHAFERI","doi":"10.58944/isws2121","DOIUrl":"https://doi.org/10.58944/isws2121","url":null,"abstract":"The purpose of the article is to deal with the influence of electoral systems and rules on the strategies of political parties, on increasing voter confidence and on creating a sustainable electoral framework. Through research into the history of elections in Albania, especially in recent years, the article points out that electoral systems and rules have had and have a significant impact on political representation, the behavior of the electorate, the representation of minorities, regional and local representation, accountability, coalition building and public perception. For a democratic and standard development of elections in Albania, it is important to ensure that any reform matches the specific context and needs of the country. A well-defined, accessible and transparent legal framework can help improve the electoral process and minimize delays or confusion. Security and reliability in the electoral process is essential. The flaws and shortcomings that are noticed will be reduced and minimized by tightening the laws that protect the electoral process, accompanied by punitive measures to combat any violation of the electoral rules. This war is one of the current affairs that always accompanies the arena of politics in our country. Encouraging observation and transparency would be the most important and decisive step that would motivate people to go willingly to vote and be aware that their vote would be valid and transparent. In recent years, Albania has undergone electoral reforms to address some of the challenges related to the election system and has made improvements.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to demonstrate the double link between democracy and free elections. There must be free elections in a democratic country; free elections are a fundamental point of democracy. Academic literature has demonstrated the existence and importance of this link. In particular, this paper examines the cases of Tunisia and Algeria with an analysis of their latest national elections and the adoption of their latest Constitutions. This examination will follow a comparative method through a micro and macro-comparison analyzing the legislative and constitutional changes in the two countries and their comparison with the Islamic political system and the constitutional model of the French Fifth Republic that influenced the institutions and constitutional productions in North Africa. The limitation coming from this work may derive from producing an analysis anchored in European political and legal values. The analysis takes into account the peculiarities of the Islamic world and relies on universally recognized values that identify and characterize a democracy. Finally, the investigation of the link between these two institutions seeks to understand a relevant thing. The presence and circulation of constitutional models without a solid democratic political foundation cannot succeed. We witness in these countries an abuse of the French system that renders them incapable of intercepting and accommodating their populations’ demands for freedom.
{"title":"The double relation between democracy and free elections: The Tunisian and Algerian cases","authors":"Vanni NICOLÌ","doi":"10.58944/qngv1432","DOIUrl":"https://doi.org/10.58944/qngv1432","url":null,"abstract":"This article aims to demonstrate the double link between democracy and free elections. There must be free elections in a democratic country; free elections are a fundamental point of democracy. Academic literature has demonstrated the existence and importance of this link. In particular, this paper examines the cases of Tunisia and Algeria with an analysis of their latest national elections and the adoption of their latest Constitutions. This examination will follow a comparative method through a micro and macro-comparison analyzing the legislative and constitutional changes in the two countries and their comparison with the Islamic political system and the constitutional model of the French Fifth Republic that influenced the institutions and constitutional productions in North Africa. The limitation coming from this work may derive from producing an analysis anchored in European political and legal values. The analysis takes into account the peculiarities of the Islamic world and relies on universally recognized values that identify and characterize a democracy. Finally, the investigation of the link between these two institutions seeks to understand a relevant thing. The presence and circulation of constitutional models without a solid democratic political foundation cannot succeed. We witness in these countries an abuse of the French system that renders them incapable of intercepting and accommodating their populations’ demands for freedom.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the main problems of Albania since the overthrow of the communist dictatorship and the beginning of the transition in 1991 has been the consolidation of a functional constitutional democracy. Having a functional and applicable constitutional order by all institutions and mechanisms has been a significant challenge for Albania. Political parties are one of these mechanisms or vital elements in maintaining and improving the constitutional order in Albania. In democratic regimes, political parties continue to be the most important bridge between the state and the mass of society. Political parties are the institutions that hold the position of a political leader in society, and democratic states cannot survive if they do not have political parties that fulfill their functions in consolidating, preserving, and improving democracy. The object of this study will be political parties in Albania and their role in the consolidation or not of the constitutional order during the period of democratic transition. In this study, the three main parties in Albania are taken as case studies, namely the Socialist Party of Albania, the Democratic Party of Albania, and the Socialist Movement for Integration.
{"title":"The role of political parties in the constitutional order in Albania","authors":"Vasilika LASKA","doi":"10.58944/xhuc6885","DOIUrl":"https://doi.org/10.58944/xhuc6885","url":null,"abstract":"One of the main problems of Albania since the overthrow of the communist dictatorship and the beginning of the transition in 1991 has been the consolidation of a functional constitutional democracy. Having a functional and applicable constitutional order by all institutions and mechanisms has been a significant challenge for Albania. Political parties are one of these mechanisms or vital elements in maintaining and improving the constitutional order in Albania. In democratic regimes, political parties continue to be the most important bridge between the state and the mass of society. Political parties are the institutions that hold the position of a political leader in society, and democratic states cannot survive if they do not have political parties that fulfill their functions in consolidating, preserving, and improving democracy. The object of this study will be political parties in Albania and their role in the consolidation or not of the constitutional order during the period of democratic transition. In this study, the three main parties in Albania are taken as case studies, namely the Socialist Party of Albania, the Democratic Party of Albania, and the Socialist Movement for Integration.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400698","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of this article is to analyze the relationship between democracy and liberalism, and the impact that populism has on it. According to Mouffe, the relationship between liberalism and democracy arises from conflict and will continue to cause conflict. The rise of populist movements within a democracy is one of these conflicts. The starting point of this article is the theory of Alexis de Tocqueville, who identifies liberalism with the concept of freedom and democracy with the principle of equality; and according to him, liberal democracy aims at reconciliation and the coexistence of freedom and equality. Regarding populism, the main assumption is that it has a negative impact on the relationship between democracy and liberalism. The methodology used is qualitative, based on the interpretation of the theoretical framework and the analysis of different approaches and attitudes of different authors and studies.
{"title":"Populism and its impact on the relationship between democracy and liberalism","authors":"Peme MARKU","doi":"10.58944/ohzx8055","DOIUrl":"https://doi.org/10.58944/ohzx8055","url":null,"abstract":"The aim of this article is to analyze the relationship between democracy and liberalism, and the impact that populism has on it. According to Mouffe, the relationship between liberalism and democracy arises from conflict and will continue to cause conflict. The rise of populist movements within a democracy is one of these conflicts. The starting point of this article is the theory of Alexis de Tocqueville, who identifies liberalism with the concept of freedom and democracy with the principle of equality; and according to him, liberal democracy aims at reconciliation and the coexistence of freedom and equality. Regarding populism, the main assumption is that it has a negative impact on the relationship between democracy and liberalism. The methodology used is qualitative, based on the interpretation of the theoretical framework and the analysis of different approaches and attitudes of different authors and studies.","PeriodicalId":499911,"journal":{"name":"Jus & Justicia","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135400705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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