ISSUE NO. 3 September 2017

Sep 3, 2017 - Sexual abuse of children, international protection and the Albanian legal order ... analyzes the costs and benefits of the monetary union and it brings the different ...... 3, avaible at: http://www.vps.ns.ac.rs/SB/2013/2.3.pdf.
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ISSUE NO. 3 September 2017

EDITOR IN CHIEF Holta Ymeri BOARD OF EDITORS Perikli Zaharia Zhani Shapo Florian Xhafa AUTHORS OF ISSUE NO. 3 Bledar Dika Olesia Dosti Elona Hasko and Holta Ymeri Sajmira Kopani The Albanian Law Journal – is an online non for profit law journal, with open and free access to the legal community and other interested professionals, businesses or citizens. It began as a joint idea of a group of legal and policy professionals discussing on the necessity to extend the participation in the legal and policy debate regarding hot topics impacting citizens, businesses, state officials and the society in general and to contribute to doctrinal creation. Its realization was possible due to the hard work of the Editorial Board, Editor in Chief, European Movement Albania and the grant issued by the Embassy of the Kingdom of the Netherlands in Albania. The goal of the Albanian Law Journal is to help the creation of a public debate about important aspects of the Albanian legal and institutional framework; to lay the foundations of the creation of a more elaborated Albanian legal and policy doctrine; to deal with issues of EU integration of Albania and in general to help the improvement of Albanian legislation and institutional framework. Therefore ALJ aims to publish articles dealing with actual legal and policy development in one of the following main topics which will constitute the thematic pillars of ALJ: Legislation; Practical and Administrative Issues; Human Rights and EU/EU integration. ALJ aims to attract an extensive number of authors, Albanian and foreign, from the students community, legal professionals, lawyers, law professors, judicial professionals, policy experts etc. During the first two years of activity, authors will not be charged with any publication costs. The quality of articles submitted to the ALJ will be evaluated through a two stage evaluation phase by the Editor in Chief and the Board of Editors which has the final saying. Rules and procedures for publishing, copyright issues, quality and evaluation of articles are found in the Author’s Guidelines published in the respective ALJ website.

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TABLE OF CONTENTS

INTRODUCTION TO ISSUE NO. 3 Summary of the issue By the Editor in Chief ……………………………………………………………………………4 PILLAR I - ALBANIAN LEGISLATION The crisis of Parliamentarism and some reflections on the constitutionality of the Albanian Electoral Law By Bledar Dika,……………………………………………………………………………………5 PILLAR II - PRACTICAL AND ADMINISTRATIVE CASES Subject-matter competence of courts concerning decisions of the Property Management Agency By Av. Olesia Dosti………………………………………………………………………………14 PILLAR III - HUMAN RIGHTS Sexual abuse of children, international protection and the Albanian legal order By PhD Candidate Elona Hasko and Av. Holta Ymeri………………………………………….44 PILLAR IV – EUROPEAN UNION AND INTEGRATION The future of the European monetary policies By MsC Sajmira Kopani…………………...…………………………………………………….72

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INTRODUCTION TO ISSUE NO. 3 By the Editor in Chief Issue No. 3 of the Albanian Law Journal brings four articles with high sensitivity and interest in the fields of Albanian legislation, civil judicial proceedings, human rights and the European Union policies. Pillar I of the ALJ – Albanian Legislation – introduces a topic which has a significant importance for the Albanian democracy and which has been on a constant focus of the Albanian legislator and public opinion, that of the functioning of the parliament system and of the electoral law. This article first introduces an historic overview of the establishment of the parliament and of the main concepts of representative democracy, going on to analyze the Albanian electoral law and its constitutionality. Pillar II of the ALJ – Practical and Administrative Cases – deals with another troubled piece of Albanian legislation, that of property law and its procedures. Since the 1990s the property law has been subject to several reforms, yet property issues remain unsolved. The ar