scholarly journals Consequences of the Final Civil Decision in the Criminal Trial Pursuant to the Albanian Legislation

2021 ◽  
Vol 10 (6) ◽  
pp. 82
Author(s):  
Klodjan Skënderaj ◽  
Naim Tota

Judicial jurisdictions are separated; the criminal court has the jurisdiction to adjudicate charges brought by the prosecution, whereas other jurisdictions are exercised by the civil court and the administrative court. Thus, civil cases or in other words disputes between private entities, such as contractual obligations or inheritance issues, etc., are settled by the civil court, while disputes between individuals and public administration fall within the scope of administrative jurisdiction. Therefore, depending on the type of case, in Albania there are courts with separate judicial jurisdictions. However, in quite a few cases we might face cases where the different judicial jurisdictions are interwoven between them, in other words the consequences of a civil trial can affect the criminal trial. This paper will analyze the legal provisions in Albania, how to act in cases of resolving a case with a final civil decision in relation to facts, which are also being adjudicated in the criminal process. This paper will also analyze the role of the final civil decision in the criminal trial. Domestic court practice will be considered in terms of the impact that a civilly resolved case by a final court decision has on a criminal case.   Received: 31 May 2021 / Accepted: 31 September 2021 / Published: 5 November 2021

2014 ◽  
Vol 80 (4) ◽  
pp. 709-725 ◽  
Author(s):  
Calliope Spanou

The nature of the relationship between the public administration and politics and the subsequent role of the administration appear to be incompatible with the emergence of an administrative elite. After analysing the reasons for this incompatibility, the article explores the impact of the measures taken in the wake of the economic crisis on the civil service and its reform, and also the prospects for the development of a senior civil service. The key, and also the challenge, to any change in this direction remains the rebalancing of the relationship between the public administration and politics. Points for practitioners What might interest practitioners is the issue of the conditions of effectiveness of civil service reform in times of economic crisis and significant pressure.


Author(s):  
Sarah Williams ◽  
Hannah Woolaver

Abstract An unprecedented number of states have sought to act as amici curiae in the proceedings before the Pre-Trial Chamber of International Criminal Court (ICC) considering the Court’s jurisdiction over alleged crimes committed in Palestine. Given the centrality of the issue of Palestinian statehood to this jurisdictional question, these proceedings raise complex and novel questions of international law — and politics. The high number of states seeking to participate as amici either individually or through international organizations reflects the controversial nature of the questions at hand. Conversely, Israel has refused to participate in the proceedings, despite an invitation from the Chamber. In this submission, we consider the challenges raised by state participation as amici curiae, including the role(s) played by state amici, and the impact — if any — such extensive participation has on the legitimacy of the proceedings and its outcome(s) and for the ICC as an institution.


Author(s):  
Michele Faraguna

This chapter explores the importance of writing in the legal practices of the Greek poleis. After discussing writing materials and kinds of documents, illustrating the different functions documents on the same media could have and the problems in tracing ancient archives and reconstructing the role they played in the mechanisms of public administration, it concentrates on two case studies: written records concerning land transactions (in particular registers of sales) and the role of written documents in Athenian judicial procedures. It argues that the impact of written documents on the legal sphere and in establishing fair social relations within the polis was much more significant than is generally recognized.


Author(s):  
Mubariz Mammadli, Zivar Zeynalova

This paper discusses the importance of tax ethics, as well as the impact of education on it. The impact of tax-oriented education on tax ethics was determined in the case of Azerbaijan. For this purpose, it was applied a questionnaire survey to 250 students studied at the Academy of Public Administration under the President of the Republic of Azerbaijan between 2017 and 2019 years. The collected data were analyzed descriptively, and the hypothesis was tested using the Paired Samples Test. Cronbach's Alpha conducted to verify the validity of the research. Analyzes and tests were carried out electronically using the SPSS 16.0 software. As a result of empirical research, it turned out that the attitude towards taxation was higher after passing tax classes.


Author(s):  
Vyacheslav Maracha ◽  
Tatyana Krasnikova

In this paper we discuss the impact of modern transformation of the economy and the society on the processes of strategic planning on the basis of network interaction. We define the notion of network communities and highlight the opportunities and problems of interaction between government and these communities in the process of strategizing. As one of the manifestations of the global trend of “networkization” of the economy and society, the transition to cluster interaction based on regional collaborative communities and the model of “Cluster Governance” are considered. Ideal models of public administration for the state and municipal government are considered in the context of the challenges of “networkization”, which allows us to trace and justify the evolution of public administration. There is a connection between the issues of organizing stakeholder communication and public participation in the strategy process with a change in public administration model. A typology of network communities in the context of the problem of organizing communication of stakeholders and public participation in the process of cities and regions strategizing is proposed. The various formats of communication and collaboration with network communities in the process of cities and regions strategizing, as well as prospects for using digitalization tools in this communication are considered.


Author(s):  
G. David Garson

Research questions are outlined, forming the dimensions of a research agenda for the study of information technology in public administration. The dimensions selected as being the most theoretically important include the issues of the impact of information technology on governmental accountability, the impact of information technology on the distribution of power, the global governance of information technology, the issue of information resource equity and the “digital divide,” the implications of privatization as an IT business model, the issue of the impact of IT on organizational culture, the issue of the impact of IT on discretion, the issue of centralization and decentralization, the issue of restructuring the role of remote work, the issue of implementation success factors, the issue of the regulation of social vices mediated by IT and other regulatory issues.


2021 ◽  
Vol 20 (4) ◽  
pp. 779-795
Author(s):  
Sylwia Jaśkiewicz-Kamińska

Motivation: This text presents the results of the process of juridization of the sustainable development principle in international, EU and national law, as well as the development of that principle with regard to the application of law practice. Aim: At the same time, the text attempts to define the role of an administrative court as a body reinterpreting the sustainable development principle in environmental protection and spatial planning cases, bearing in mind both the ecological as well as social justice outlook Results: As a result, the study presented focuses on determining the impact of the administrative courts’ established case-law on the application of the sustainable development principle by national public administration authorities.


2012 ◽  
Vol 3 (1) ◽  
pp. 3-42
Author(s):  
Helen Durham

This article demonstrates that civil society, in particular the Coalition for the International Criminal Court (Coalition), played a significant role in the creation of the Statute for the ICC. At the ten year anniversary of the ICC entry into force, a reflection on the impact of civil society in this particular treaty negotiation is useful and aims to tell an important element of the ICC story often not exposed. The Coalition was developed to act as an umbrella for a range of organisations wishing to see a just and effective ICC and was actively involved in the negotiations in New York and Rome. From writing papers, directly lobbying delegates, hosting meetings and events, creating daily updates and linking the UN discussions back to capitals, members of the Coalition worked hard on ensuring a voice wider than State representatives was heard in the debate. The Coalition members also provided a crucial connection with the media and added creativity, emotion and colour to the diplomatic negotiations. Noting the philosophical differences between various groups within civil society on the ICC and the careful processes and procedures used by the Coalition, this article highlights the tension between diversity and efficiency within the non-government organisation community.


2010 ◽  
Vol 10 (3) ◽  
pp. 345-364
Author(s):  
Angela Overton ◽  
Dawn Rothe

AbstractThe role of the expert in criminal justice proceedings has long been an area of contention and debate among practitioners and scholars. Yet, there has been little to no discussion of the role of experts within the International Criminal Court (ICC). Here a bifurcation is drawn between those experts that are witnesses and the non-witness experts that are 'hidden' from the official processes, yet play a role in the investigations and analysis of cases. The focus of this piece is on the Office of the Prosecutor's (OTP) (hired) external non-witness experts. To date, there has been little to no criminological attention to this phenomenon. Yet there are organic concerns such as the process of knowledge-making, objectivity, 'truth' and substantive and procedural concerns that merit attention given that they are contracted to provide expertise in a particular area to help inform the way in which evidence is analyzed with the broader goal of 'proving' something important in a trial. Additionally, there is institutional equality of arms concerns related to the use of these non-disclosed experts that directly relates to due process. The use of non-witness experts is further complicated by the multiplicity of and/or relevance of fields from which they are drawn. It is the goal of this paper to explore these issues and provide a frame for theoretically situating the impact of non-witness external experts on the judicial process within the context of the ICC.


2020 ◽  
Vol 25 (1) ◽  
pp. 58-62
Author(s):  
Mircea Vladu ◽  
Ioan-Dan Popa

AbstractThe physiognomy of the combined operations recorded essential changes at the beginning of the 21st century, due to the impact of the scientific and technical revolution in the military field, materialized in the production of new generation’s weapons with particularly destructive characteristics (Vladu & Popa, 2016). The emergence of new advanced capabilities for conducting air operations, as well as the use of military robots and intelligent ammunitions in joint operations led to the implementation of the “lightning success” concept by the forces of modern armies. In this respect, we consider that a particularly important role in achieving “lightning success”, by the forces of the modern armies, is played by the main characteristics of adversary general protection system, particularly by the weaknesses of the fortification system which have not been able to provide optimal conditions for protection for the command and control systems, fighting and supporting forces, as well as for public administration authorities and the civilian population.


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