scholarly journals Comparative Analyze on the Legal Solution Relevant to Status of Teachers in Albania

2021 ◽  
Vol 2 (3) ◽  
pp. 118-122
Author(s):  
Andon Kume

Legislative reforms in the pre-university education system in Albania have paid special attention to addressing issues related to teacher status. In law no.69 / 2012, "On the pre-university education system in the Republic of Albania", these issues are treated in accordance with the requirements of International Labor Conventions, the Labor Code of the Republic of Albania and law No. 10171, dated 22.10. 2009 "On regulated professions in the Republic of Albania" amended. The law defines the teacher as the central figure of the school. In accordance with the recommendations of the ILO and UNESCO for the status of teachers, the Albanian law guarantees contemporary standards at every stage of the process for gaining and practicing the profession, for continuous professional preparation, scientific qualification, and career. The treatment of labor relations, relations with the social partners, with the associations and the community of parents and students, the definition of their rights and duties, salaries and rewards are components of the status of a teacher. The status of teachers reflects the social and economic conditions of the country, work culture and community traditions. The law treats teacher status as a key factor in developing the profile of a teacher capable of preparing the future citizens of an open and global society. The professional and academic freedom of the teacher is considered as an essential element of his status. Creating conditions for the exercise of civil rights related to the teaching profession, the right to participate in social and public life and to organize in trade unions are legislative achievements in line with EU standards and the requirements of international documents.

Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


2016 ◽  
Vol 26 (5) ◽  
pp. 460-472 ◽  
Author(s):  
Thomas Prosser

The recent centralization of European economic governance raises the question of parallel developments in European social policy. On the basis of an examination of the case of the European social dialogue, the propensity of ‘spill-over’ theories to explain developments in the social sphere is considered. The following three potential future trajectories for the dialogue are reviewed: the possibility of the dialogue (1) becoming broader and more redistributive, (2) becoming a means of European Union (EU)-level wage control or (3) remaining in its current form. It is concluded that the status quo is likely to endure and that such a development threatens the integrity of spill-over theories and raises the issue of the dialogue’s utility to European trade unions.


Author(s):  
Nodirbek Sayfullaev ◽  

On the way to higher education In recent years, under the leadership of the President Shavkat Miromonovich Mirziyoyev, great changes have taken place in the higher education system, as well as in all areas. Consequently, the confidence of our people in this field is strengthening, and the desire of youngsters for higher education is growing from year to year. The Presidential Decree "On approval of the Concept of development of the higher education system of the Republic of Uzbekistan until 2030" states important tasks such as ‘’raising the content of higher education to a qualitatively new level, the establishment of a system of training highly qualified personnel who can make a worthy contribution to the sustainable development of the social sphere and the economy, find their place in the labor market’’.


Author(s):  
Rossella Laurendi

An interdisciplinary approach to historical criticism allows us to investigate the tradition of the royal laws and their collection, ostensibly made by one Papirius at the start of the Republic. Despite the lengthy, stratified process of formation and transmission of historical memory by historians, grammarians, writers and jurists from the late Republic onwards, the identification of certain authentic elements of these laws is possible. In the case of the law on paelex, attributed to Numa, a philological analysis suggests its archaic origins, even if we cannot prove that Numa was the drafter of this law. The law appears to be made up of a precept (prohibition against approaching the altar or the temple of Juno) and a sanction (sacrifice with loose hair). The significance of the loose hair, typical signs of pain and penance, is the key to reading the law. By the enactment of this law, the social status of the paelex was diminished, analogous to that of a married man's concubine.


Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker

From its inception, the law of informed consent has been based on two premises: first, that a patient has the right to receive sufficient information to make an informed choice about the treatment recommended; and second, that the patient may choose to accept or to decline the physician’s recommendation. The legitimacy of this second premise should be underscored because it is too often belied by the everyday language of medical practice. Getting a consent is medical jargon that implies that patient agreement is the only acceptable outcome. Indeed, the term informed consent itself suggests that patients are expected to agree to be treated rather than to decline treatment. Unless patients are viewed as having the right to say no, as well as yes, and even yes with conditions, much of the rationale for informed consent evaporates. Nonetheless, the medical profession’s reaction to patients who refuse treatment often has been less than optimal. The right to refuse treatment is frequently ignored in practice because it is inconsistent with the history and ethos of medicine (1,2). Physicians are trained to treat illness and to prolong life; situations in which they cannot do either—not because of limitations of knowledge or technology, but because patients or third parties reject their recommendations for care—evoke profound feelings of frustration and even anger. It would not be too much to suggest that these confrontations challenge an essential element of the medical identity. Physicians’ reactions to these situations are varied. Some will contend with patients over their refusal, while others, having assimilated a distorted version of patients’ right to refuse treatment, may too quickly abandon their patients to the consequences of their choices, thereby depriving them of the guidance for which patients traditionally have turned to their physicians. Regardless of the quality of care offered to patients or the degree of concern of those who treat them, some patients will have reasons of their own to decline treatment. Before considering how clinicians might respond to these situations, this chapter reviews the status of the law regarding treatment refusal, surveying a legal landscape that has seen dramatic changes in the last decade.


2020 ◽  
Vol 4 (1) ◽  
pp. 115-134
Author(s):  
Manjola Lumani Zaçellari ◽  
◽  
Heliona Miço ◽  

The purpose of this study is to analyse the legislative measures and their implementation regarding the participation of children, parents and teachers in creating an educational program in pre-university education system, as a need for better involvement in school of all the actors, as well as the need for the children’s wellbeing. In addition, the study aims to bring parents’ and teachers’ views on the obstacles they face when they try to collaborate and participate in school life and in designing an educational program. Qualitative methods are used to achieve the aim of this study. The data were collected through document analysis (legislation, strategies, and regulations) for analysing how the law addresses participation of children, parents and teachers’ in school and through semi-structured interviews with parents and teachers from two primary schools so that they can state their perceptions on participation in school life. Each of them was posed 12 different interview questions. After evaluating the responses, some important issues were identified. The participation of children, parents and teachers in Albanian education system has changed in recent years, even promoted as a key that leads to success. However, because of the monist system, where such participation was neither legally recognised nor culturally accepted, this trinomial collaboration has not been easily introduced and integrated in the Albanian educational system. However, parents do not feel very involved in school life, or appreciated when they try to get involved, even though it is legally admitted the need for the collaboration between family and school. They neither take part in the approval of the curricula of the educational institution, nor in the selection of school textbooks as provided by the law. Research has shown that schools as bureaucratic and conservative institutions need to have clear written policies to encourage the participation of the parents and children when drafting an education program. However, when teachers were asked about parents’ participation in school, they said that in many cases parents neglect the collaboration with the school and appear usually when there are problems or troubles, while the participation of children in creating an educational program is still lagging behind.


2020 ◽  
Vol 01 (02) ◽  
pp. 1-6
Author(s):  
Sodirjon Bakievich Yakubov ◽  

The Law "On the State Language of the Republic of Uzbekistan" was adopted and the Uzbek language gained a legal basis. The law is an important factor that reflects the spirituality, psyche and dignity of the Uzbek nation, that is, the status of the language has been legally strengthened. In his speech on the occasion of the thirtieth anniversary of the official status of the Uzbek language, President of the Republic of Uzbekistan Shavkat Mirziyoyev said that "the Uzbek language has emerged as a powerful force uniting our people and mobilizing our society for great goals ...


Author(s):  
Gicu-Valentin Dogaru ◽  

The theme of leadership, as much as it has been studied, remains so inexhaustible, the general need to identify those people and styles that lead to good results and that ensure a pleasant working climate. In this context, we considered useful an approach to authentic leadership but applied to trade unions. It may seem like a paradox at first glance, and maybe, for this reason, the topic of union leadership has not been explored much. In the present study, we want to highlight, in general, the perception of teachers about the need for authentic leadership in trade unions in pre-university education in Romania. The need for knowledge of leadership styles, values on which each of them is based, and dangers and the possibility of the emergence of flawed forms, determined this first exploration. The conclusions show that union members appreciate the need for authentic leadership in trade unions in the education system, which can have a positive influence on the educational process.


Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 223-237
Author(s):  
Ujang Suratno

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques


2012 ◽  
pp. 128-147
Author(s):  
Lori F. Brost ◽  
Carol McGinnis

This chapter examines the phenomenon and the status of blogging in the Republic of Ireland. It focuses on the social, cultural, political, technological, and legal factors that have influenced the existence and functioning of the Irish blogosphere and seeks to ascertain whether it is in good health, in decline, or in transition. To date, there is no research on the history and evolution of Irish blogging, and there are no assessments of the status of the blogging practice in the Republic of Ireland. This case study scrutinizes the history of blogging in Ireland, traces its evolution, and draws conclusions about the state of Irish blogging. Data collection for the study involved an extensive review of Irish blogs as well as e-mail and phone interviews with Irish bloggers. The authors conclude that the Irish blogosphere is vibrant, diverse, and evolving; additionally, they offer directions for future research.


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