Law

Electoral processes have crucial importance on the society, especially those who are still battling for proper democratic and fair elections. Given the high importance of this process, political entities usually intent to surpass some of the legal regulations in order to maximize their profit, not only politically, but financially too. Many countries in Europe have already consolidated their legal basis on fight against electoral fraud and corruption, but challenges remain. In Western Balkans, there are significant steps undertaken to improvise legal regulations which would prevent electoral corruption. However, as practice has shown, many problems remain unsolved. This paper will provide an in-depth analysis of legal background on fight against electoral corruption in Kosovo, Albania, Serbia and North Macedonia. Moreover, specific cases will be presented to illustrate how political subjects intent to bypass the law in order to maximize their electoral profit. This paper will also tackle third party campaigning, as one of the “innovative tools” of political subjects to defy the system when it comes to the electoral corruption.

Corruption is a global concern today and Kosovo is no exception! As a matter fact, successful combat against corruption is a crucial condition that has to be met for every legal and a democratic state. For the Republic of Kosovo this means first of all establishing a consistent legal framework based on the general principals of the European Law.

Aim of this research is to prove that in order to have a more successful combat against corruption, Kosovo has to take all measures that are foreseen from the Criminal Law Convention on Corruption, even though Kosovo has not signed this convention yet. With other words this paper does compare the domestic criminal offenses on corruption of the Criminal Code of Kosovo with the incriminations of the Criminal Law Convention on Corruption.

After the war, Kosovo was found in chaotic situation especially its justice system. Therefore this paper includes also a historical review on corruption in Kosovo. Nevertheless the main attention of the paper is about the relation between the Criminal Law Convention on Corruption and the Criminal Code of Kosovo.

Despite being one of the most developed and regulated countries in the world, Switzerland is also considered to be the leading financial center in the world. Everyone agrees with the fact that banking is one of the most recognizable activities in Switzerland, and also places it among the most important international financial centers with a long tradition, stretching back to medieval times.

Swiss banking is a synonym for a banking system in which the principle of secrecy in banking is widely used. Banking secrecy as an established practice is based on the fact that customer data is kept secret for all third parties, whether private or public authorities. Banking secrecy as an institution is based on the fact that every client of the bank has the right to confidentiality of information and data when dealing with the bank, and that confidentiality excludes the ability of the third party to obtain information from the bank. Bank secrecy is an extension of the concept of banking discretion, which implies the professional obligation of bankers to keep clients' personal and financial information strictly confidential.

Banking secrecy in Switzerland, although it has changed its role over the years, especially in tax matters, still exists as an obligation for all Swiss banks. The Swiss banks, as well as the Swiss tax authorities, no longer have the right to refuse to provide (submit) property data of the taxpayer, referring to bank secrecy. However, without a special request, no information will be provided to anyone. The provision of information will in principle be secured in court, on the basis of the citizen's rights under Swiss law, and thus banking secrecy will continue to protect banks' clients from illegitimate requests for information by third parties, except cases of criminal activity and inheritance.

Human rights and fundamental freedoms are indivisible, inalienable and inviolable and lie at the heart of the entire legal order. The law stipulates rules that ensure that no innocent person is convicted, and that the offender be sanctioned under the conditions provided by the Criminal Code and on the basis of the procedure conducted under the Criminal Procedure Code.

Everyone has the right to a fair and public hearing by an independent and impartial tribunal, in the determination of his or her rights and obligations and in the determination of any criminal charge.

No one can be charged or found guilty of a criminal offense which was not considered lawful at the time of its commission, expect for offenses which at the time of their commission constituted war crimes or crimes against humanity, according to international law.

Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law and a public trial in which he has had all the guarantees necessary for his defense.

Everyone has the right to a remedy competent national tribunal for acts violating the fundamental rights guaranteed by the constitution or the law.

The juvenile delinquency issue is also regulated by the Kosovo legislation, respectively with the Juvenile Justice Code. This Code, also addresses the issue of adjudication of young adults. To these category, a special and more favorable status is been recognized comparing to the older persons in criminal procedure conducted against them, because of their different personality features and their different reaction in specific situations.

The possibility to pronounce soft sanctions on the young adults is also well covered by other social sciences such as criminology, psychology, criminal law, criminal procedure law and it is claimed that the purpose of criminal sanctions in some of these cases will be better achieved with measures and lighter penalties. The real reason to analyze this topic lies in the fact that this category (major young persons, 18 to 21 years) is a more specific category, regulated by the JJC, but taking into account the criminal offenses and the nature of their commission, with perpetrators 18 to 21 years, there is already an attitude from the Supreme Court of Kosovo that in certain cases when it comes to particularly serious criminal offenses, the provisions of the Criminal Code of Kosovo should be pronounced rather than the measures and penalties for juveniles as provided by the Code of Juvenile Justice.

In this paper, will be analyzed the juvenile delinquency, legal framework of the Republic of Kosovo, with particular emphasis on the category of young adults and sanctions against them, and at the end of this paper, giving the conclusions.

Freedom of expression is a fundamental human right, this right is guaranteed by the domestic law the legislation of the Republic of Kosovo and with international documents. In the Republic of Kosovo, this institute has been regulated through the Constitution of Kosovo where Article 40 stipulating that this right includes the right to express, to distribute and receive information, thoughts and other messages, without being obstructed by anyone, and that this right can only be limited by the Law.

Through international documents it is determined that this right belongs to the group of fundamental human rights, so that freedom of thought and expression is determined, so that the Universal Declaration has defined this guaranteed right and obligation to be implemented. Such a regulation has been further defined by the European Convention on Human Rights, which has determined that the right to free expression is an elementary right and a fundamental criterion of respect for democracy.

It is also stipulated that the limitations to be envisaged in law, for a limited purpose and necessary in a democratic, proportionate and non-discriminatory society, including the maintenance of morals, the preservation of reputation and the rights of others, and the preservation of impartiality independence of the judicial system.

In the Republic of Kosovo, freedom of expression includes two mechanisms:

Free expression through audio-visual media, televisions, in the way of expressing thought through verbal declarations and through written and electronic media where the manner of declaration is made through a written record.

In cases that the subject of the right alleges that through any form of declaration of the other subjugation has been defamation or offense there are legal possibilities that through the use of remedies to claim damages or compensation of the damage.

This is regulated through the Media Council, written representatively to the Independent Media Commission.

Also, the Republic of Kosovo has approved the Law on the Expulsion and Insult, through which the right to freedom of expression, its overcoming and the way of compensation for damage is regulated in detail.

The education system is built on the concept that it should work for all citizens of the country without distinction. This right of every citizen to be a part of the education system, in accordance with the age and conditions set forth, in the states with constitutional and respect for human rights, is a constitutional and legal category. With more interest and importance, inclusion in the education system, this right goes even further, being a category of human rights. The concept of inclusion as a value that is always intended to be improved and reformed, is also regulated in the education system of the Republic of Kosovo starting from the highest legal act The Constitution of the Republic of Kosovo and the relevant legislation which foresees it in every mechanism. . As part of policy-making and legislation, this right in Kosovo is present within policies, legislation, and educational mechanisms, where implementation and enforcement is a challenge.

What this paper will address will be the concept of inclusion in the education system as a concept of law within the state, as a human rights law and the rest of how this law is regulated in the Republic. of Kosovo as a right within the framework of legislation and to what extent it applies as a right within human rights. From what will be reflected in this paper, it will be precisely identified that inclusion in the education system is regulated in the Republic of Kosovo, how much legislation is implemented and implemented in this field, and that it is respected as a human rights category. This will reflect, for the first time, on how closely the state of the Republic of Kosovo stands in all inclusion in the education system.

We are constantly informed of traffic accidents with fatal consequences, injuries and material damages, and thus people's lives are transformed into statistics, figures and graphs. We can conclude that fatalities on road traffic accidents reach a high level of serious consequences for family members, society and the state.

For the normal and safe development of traffic, there must be the necessary infrastructure, and when it comes to infrastructure we do not mean only the roads, but any physical object and system that directly or indirectly provides services in the interest of the general public, implying also the legal infrastructure that was lacking especially after 1998 and which still continues to be incomplete.

The number of fatal accidents is disturbing. Based on the statistics, Prishtina region leads with 31% of fatal accidents in comparison with other regions. In terms of the number of accidents with injuries, Prishtina region leads with 34.4%, while in number of accidents with material damage, leads with 48.1% compared to other regions. Road traffic fatalities are tragic cases, and based on numerous statistics and analysis worldwide, every year millions of people lose their lives and suffer injuries (figures range from 1.2 up to 1.3 million people in the world every year).

Based on the statistics of the Kosovo Police, it is clear that they are doing a professional job, but during the analysis of statistics and the conversation (survey method) with persons who bear the burden of responsibility in this area, there is an immediate need for health and life insurance, because we have no analysis of how many injured people have remained paralyzed or with severe health problems.

This issue remains to be analyzed in other periods, but it has been noted as a defect of our institutions that need to plan ahead and take stricter measures to prevent road traffic accidents.

This paper deals with the effect of using the government's vote of confidence as one of the main instruments of parliamentary scrutiny, which extends the government's political responsibility to parliament. The paper focuses on the comparative analysis of the government confidence institute that directly addresses the political responsibility of the government and the consequences of using this institute in our country and countries of the region. Countries in the region that are in transition such as Albania, Northern Macedonia, Serbia and Montenegro have some common features as well as specifics when it comes to initiative, procedure and legal consequences. The opportunity of claiming a confidence motion against the Government as a control instrument is much more favorable in Macedonia than in other case study countries. How and how has this instrument of parliamentary control been implemented in Kosovo? In Kosovo, the no-confidence motion has been used and approved on two occasions: the no confidence motion against the Thaçi Government and the no-confidence motion against the Mustafa Government. The effect of using the government's vote of confidence in these two cases was the termination of the mandate of the deputies before the end of the mandate, the dissolution of two legislatures, and the holding of new early parliamentary elections in the Republic of Kosovo. Mixed methodology will be used in this paper.

Human rights and fundamental freedoms are indivisible, inalienable and inviolable and lie at the heart of the entire legal order. The law stipulates rules that ensure that no innocent person is convicted, and that the offender be sanctioned under the conditions provided by the Criminal Code and on the basis of the procedure conducted under the Criminal Procedure Code.

Everyone has the right to a fair and public hearing by an independent and impartial tribunal, in the determination of his or her rights and obligations and in the determination of any criminal charge.

No one can be charged or found guilty of a criminal offense which was not considered lawful at the time of its commission, expect for offenses which at the time of their commission constituted war crimes or crimes against humanity, according to international law.

Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law and a public trial in which he has had all the guarantees necessary for his defense.

Everyone has the right to a remedy competent national tribunal for acts violating the fundamental rights guaranteed by the constitution or the law.

Intellectual Property is currently one of the new fild of law in our Region. Such as, in recent years it has received considerable attention in the policies of the Governments throughout the Region, regarding the integrity of the elements governing this fild. The good functioning of this fild of law is closely related to several elements that enable it to function like all the other civil rights. The good governance of this field is related to some very important components that find ground and development in the community, such as: worldview and community knowledge on the existence of this right and its legal regulation, legitimacy and rights deriving from it, and also the legal aspect with the relevant laws, the responsible training institutions, law enforcement and guarantee for the protection of these rights, the state structures that monitor the Intellectual Property in its entirety etc. Given that recognition of this right in our Region is not at a satisfactory level compared to developed countries, special attention has been dedicated to it in the last two decades. Intellectual Property and its reality requires a chain of work from all social categories and generations, in order to grow and advance with all its elements. Given this necessity, its importance begins with increasing education with knowledge about concepts and consciousness, recognition and implementation of laws in this area, respect for the rights and legal use of these property assets, protection and guarantee of these rights, reviews court and damages etc. Based on this reality, this right requires comprehensive work and support from international bodies to reach the levels of good legal protection and the reaping of the economic fruits of its pornographic assets.

One of the main aspects in theory and practice of the Contractual Law is compensation of damages caused by the breach of contract. In every separate case, through special criteria, the scope of compensation is determined, if it is only damnum emergens (the actual harm) or the opposite so called hypothetical harm (loss of profit or lucrum cesans). Besides the specific criteria for the determination of the scope of the compensation, the legal norms usually give an opportunity to the contractual parties through the principle of contractualism or freedom of contract to create the provisions of the contract, including the provisions for compensation of damages in order to reach the economic benefits. The lost profit is the profit that the party claiming damages will have if the contract was accomplished by the other party, the party in breach. There are specific criteria for determination of the existence and the size of the loss in the legal theory and practice. Even though Roma Law had strict rules and criteria for determination of the lost profit - lucrum cessans, the development of the Contractual Law rise the question - are there general rules and criteria acceptable for all types of contracts? This question especially refers to the trade contracts taking into account the dynamic development of the Business Law, more precisely International Business Law. The modern international trade contracts have raised number of questions and dilemmas connected with the lost profit and compensation of damages, in general. Some of the questions are the following: (1) Are there general rules and criteria of lost profit and compensation of damages acceptable for all trade contracts? (2) How to avoid the lost profit? (3) Which are the legal principles governing recovery? (4) How to prove and not to prove lost profits damages?

The Covid 19 pandemic challenged human society indiscriminately. Dealing with health workers with the virus was the arena of gladiators, while vertical and horizontal organization of institutions was needed. The primary burden was on government action based on the advice of the Ministry of Health and the National Institute of Public Health.The discrepancy of institutional attitudes fractured the political spectrum regarding the actions of citizens for working hours, and the problem was transferred to the Constitutional Court for interpretation.Parliamentary debates on the anti-covid law took time, while the overthrow of the government seemed to facilitate the circulation measures until the voting of the anti-covid law, which took more than five months from the presentation of the first cases of the citizens of the country with Covid19. With the voting and application of the anticovid law, the local level also took over the competence for coordination of actions until the opening of the possibilities for conducting tests in private laboratories. Kosovo health protocols require the preservation of public health, while the application of the law transforms the current situation of citizens.

In recent years, the letter "E" has gained great importance not only in the world of information and communication technologies (ICT), but also in the field of doing business, Internet research and all walks of life.The information and communication technology (ICT) revolution has changed not only our lives, but also the way people do business.The wide range of activities performed with the use of the new technologies has proven to outweigh the old fashioned way of doing same activities. Many people think that if they do business online or shop online, they do not need contracts. Contrary, the change of the technologies will lead to new business models,like E-commerce. One of such E-transactions includes Internet contract, which is electronic contract(E-contract). In fact, every day, people conclude binding contracts, formal or informal.Contracts are very important in any business, and we need to include them in everything we do. The question arises as to whether there is a difference between an electronic contract and a regular contract on the basis that the internet is no more than a basic means of communication.All rules applicable to contract law apply to electronic contracts. Electronic contracts are in principle the same as regular contracts. Through the electronic contract we are able to detail the specifics of prices, products, dates and other information, in the same way as in ordinary contracts. Still, there are many issues related to electronic contracts that need to be considered.

Marriage contracts represent a novelty in the family legal framework in Kosovo, foreseen in the draft Civil Code. A marriage contract is an agreement signed before or after wedlock and provides a set of rules to define property rights on the property acquired during the marriage. Considering the fact that this instrument is based on the principle of free will of spouses and perpetuates women’s financial oppression on division of property, it representsa new approach of the draft Civil Code on its Book 4. On the other way it remains a sensitive issue caused from the historical and cultural circumstances in the country. This paper will examinethe future provisions from the perspective of a new mechanism that addresses the equal participation of spouses on the property, despite their own individual ability to contribute to the wellbeing of the family, and also to the autonomy of their will. Also this perspective will be faced with the contra arguments, social conditions and the expected effects.

This paper analyzes the protection of effective competition in Kosovo market. In particular, the paper analyzes the role of the Kosovo Competition Authority in guaranteeing and protecting the right to competition. The treatment and analysis of this topic is done mainly based on the positive legislation in Kosovo, referring to competition law. Besides in theoretical terms, the topic was addressed in practical terms, in which were analyzed different cases treated by the Kosovo Competition Authority, for the period 2016-October 2020, and a questionnaire was conducted with various companies in Kosovo. The questionnaire contained questions related to the work of the Kosovo Agency of Competition (KAC), and the main issues related to legislation and its implementation in practice. Thus, the paper is constructed based on primary data (questionnaire /interview) and secondary data (analysis of legislation, analysis of existing contemporary literature on competition law). At the end of topic treatment, it was concluded that the positive legislation in Kosovo, namely the Law on Protection of Competition in Kosovo, is based on the main pillars on which the Competition Law of European Union is based. This law adopts in detail the abuse of a dominant position in the market, merging or concentrations of enterprises and prohibited agreements which intend to restrict competition in the market. However, the data of the questionnaire show that many enterprises/businesses in Kosovo are not aware of the existence of this law, therefore it is recommended that the Kosovo Competition Authority should promote the law more to businesses/enterprises.

Agency theory, through its principal-agent model, is a tool widely used not only in economics to explain management and performance issues. The principal-agent model is also used to explain relations between individuals acting in public capacities, government officials, civil servants and other public functions. The presence of principal-agent problems in publicly owned enterprises is highlighted by many scholars. Unfortunately, such problems are present in Publicly Owned Enterprises (POE) in Kosovo too. Capture, rent-seeking, moral hazard, information asymmetry and adverse selection are some of the agency problems that POEs in Kosovo are facing, negatively impacting their performance and citizens´ welfare. POEs in Kosovo are present largely in the market, with a focus on sectors such as electricity, railways, telecommunications, waste management, etc. This presence is followed by the constant need for subsidies from the government due to weak financial and commercial performance, including weak governance and management. This paper aims to explore the presence of principal-agent problems in POEs and link such presence with poor performance of POEs.

The Right to a Fair and Impartial Trial is one of the most important rights of the individual. This right is guaranteed with international agreements and instruments, and with the Constitution of the Republic of Kosovo. Within the two Constitution provisions, Articles 31 and 32 explicitly determine that “everyone is guaranteed equal protection of rights in the proceedings before the courts, other state authorities and holders of public competencies ”; "Everyone has the right to a fair and impartial public hearing concerning the decisions for the rights and obligations or on any criminal charge brought against him/her within a reasonable time deadline by an independent and impartial tribunal established with the law "; and "every person has the right to use legal remedies against judicial and administrative decisions which violate his / her rights or interests ..."Whereas, the Law nr. 06 /L -054 on Courts in Kosovo, through Article 17 has determined that the Department of Administrative Affairs of the Basic Court of Prishtina with its jurisdiction over the entire territory of Kosovo, adjudicates and decides on administrative contests according to lawsuits against final administrative acts .... It judges and decides on the resolution of conflicts with competencies and on conflicts arising between different authorities of public administration. The question arises: Is it possible for the Court to carry out and review in practice the administrative matters within a reasonable time deadline?In the paper are raised the research questions, whether the Department of Administrative Affairs has managed to meet its duties and responsibilities? If not, what are the causes, the small number of judges and the large number of cases? Or should the Administrative Court and the Supreme Administrative Court be established?Statistical data show that the Basic Court of Prishtina, Department of Administrative Affairs, from January 2013 to June 2020, received 20.108 cases, of which 13,715 cases were resolved, but at the end of June 2020 remained unresolved 6393 cases. This shows that natural and legal persons and other parties have been waiting for years for the accomplishment of their right and interests, which have been violated with individual decisions or with the actions of public administration authorities. Based on the findings from the research, we have noted that in Kosovo it is necessary to establish the Administrative Court and the Supreme Administrative Court as a specialized institution for judicial control of the legality of the activity of public administration. This would create a certain standard of conduct of the public administration and would be a guarantor for a regular judicial process and within fast and reasonable deadlines, for the legal protection of the constitutional and legal rights, freedoms and interests of the subjects.The methodology used in this paper is mixed. This paper is based on the collection and analysis of primary and secondary data.

The main purpose of this paper is to provide an all-embracing approach with respect to the style and method of translation between English and Albanian versions of George Orwell’s masterpiece “1984”. Among others, it is worth pointing out that the underlying peculiarity of translating literary or so-called non-fiction texts is that of explaining the cultural context, translator foreword may be at a high degree permissible. Consequently it leads to a close relation author-translator-reader relationship. The style is of “1984”, is at a large extent an emotional one. The style primarily reflects on the gist of this masterpiece and strives to mirror the old British class system. Indeed it this style is associated by an oppressive language which evokes a sense of misery, lack of freedom of speech and evil-minded and suppressive attitude of white-collars of totalitarian regimes. Due to the fact, there has been mainly a literary method of translation, which varies from one word to one word, clause to clause and sentence to sentence. Apart from that, the style and piercing criticism have paved the path for a wide usage of metaphors, which also poses a challenge for finding the appropriate and accurate equivalents from SL to TL. In this regard it’s worth analyzing the combination of both literal, word-for- word translation and free translation which both have in common the unconditioned probability lexical equivalent for each lexical item. Whereas, the underlying feature of free-translation is lexical adaption to “idiomatic” expressions and figures of speech as a whole.

Since the first moment of the history of humanity, various means of evidence and evidence have been used to reach and detect the offender. As crime types and means of crime have changed and evolved, evidence detection and analysis methods have changed over time. At this point, with the rapid advancement of technology, the emergence of various and new types of crime that can affect many people at the same time in the global world is inevitable. Wherever you are in the world, it is now possible to commit crimes in one way or another that affect one or more people on the other side of the world through the Internet and digital systems. This, in turn, has led states to safeguard their cyber security. For this reason, firstly, it has made a legal regulation to protect its own citizens in domestic law and then it has been forced to cooperate internationally. The way in which classic crime types are committed and the method of evidence is different from the crimes committed through digital systems. For this reason, both criminal types and methods of obtaining evidence are regulated exclusively in Turkish Criminal Law. The main purpose of the methods of obtaining and proving evidence is to reveal the material truth for a past event. There are also legal requirements, technical methods and scientifically accepted methodologies that must be followed when uncovering material truth. The purpose of the Code of Criminal Procedure No. 5271 is not to punish the accused but to prove the event and to reveal the material truth in the light of the information provided by the evidence obtained in accordance with the law on the basis of a certain intensity of suspicion. Because digital evidence is both different and more open to manipulation than other classical proofs, it is a matter of adherence to laws and technical rules when obtaining evidence. Otherwise, the material truth cannot be revealed, and major violations of rights will be ensured and as a result of this, evidence bans will be introduced. In order to obtain digital evidence in the Code of Criminal Procedure No. 5271; It has been arranged as a search, copy and seizure protection measure in computers, computer programs and files. Although the margin heading of the respective substance is initially considered only as a protection measure for computers, it will find application for all devices and systems containing digital data, as detailed below. As a requirement of being a state of law, the principle of freedom of evidence is adopted in the criminal procedure law. The material facts of a past event can be proved by all kinds of evidence, provided that it is not contrary to the law. On the other hand, if protection measures are implemented, it will naturally come into question to intervene in some fundamental rights and freedoms. For this reason, the evidence obtained by protecting the person's rights and freedoms will help to identify the offender and the offender.

Juvenile delinquency is a mostly debated topic in the legal world due to different worldviews which aim to define the exact meaning. Expressly, juvenile delinquency is presented as synonymous with deviant behavior in juveniles, which includes legal violations and unacceptable behaviors in society. Considering that the factors influencing juvenile delinquency vary according to circumstances and countries, the importance of identifying them is big. This is clearly seen in the failure of institutions, especially Kosovo institutions, in adequately addressing this phenomenon. Consequently, one of the main causes of this failure is insufficient knowledge of the factors that affect the prevalence of juvenile delinquency. Addressing this phenomenon requires the application of a proactive and multidisciplinary approach to ensure sensitive success. This paper reveals general knowledge about the dominant factors that affect juvenile delinquency, and through a qualitative, statistical and legal-dogmatic method, the main causes that promote the emergence of juvenile delinquency in the city of Fushë Kosovë / Kosovo Polje are investigated.

In this paper I aim to examine some new roles and practices that the police should have during the COVID 19 pandemic crisis, some of the challenges that this situation creates; new policing approach to developing a two-dimensional police response, both in carrying out traditional legal missions and responsibilities, as well as in its new role in the complex context created by the COVID-19 pandemic crisis, to operate and to serve their community as the broadest function of public safety. Police today is facing a new challenge, that of policing the Covid-19 Pandemic. Traditional police practices in the pandemic situation such as; escorting, interviewing, detaining, arresting, etc., currently pose a significant acute risk and threat of infection to the police themselves, suspects, witnesses and community members.In this context, the police are required to develop new strategies to ensure public order and safety and manage the pandemic crisis by combining traditional public safety techniques and applying innovative policing approaches through digital platforms that are experimenting with partial block chain measures or "by closing specific cities or areas to manage new outbreaks of infection, rather than forcing closure or quarantine nationwide 1 . Pandemic policing as a new paradigm presents many challenges and dangers, ambiguities and strategic surprises of national and public security and community. Some of the most significant challenges facing the police today during the pandemic crisis are: dealing with a microscopic "enemy" (several microns), lack of clarity in what is expected of the police, reduction of staff, insufficient budget, efforts to manage infection levels in the context of day-to-day tasks, increase the number of operational requests including new and unknown responsibilities, infection risks and loss of life by the staff themselves, as well as significant physical and psychological burdens on police staff performing tasks such as and with overtime hours. The impacts of these challenges show that law enforcement institutions require significant reforms to better serve their community, including the adoption of new training curricula, strengthening cooperation between police and health institutions, and investing more in community policing, combating cybercrime and increasing transparency in police decision- making processes.

This paper will address the legal framework and administration of the electoral process in Kosovo. The administration of elections includes the structure and composition of the election administration and the organization of elections in general. In the normative framework for elections (in particular Article 139 of the Constitution and Article 61, Article 67 and Article 74 of Law no. 03 / L-073 On the General Elections) we notice that the election administration in Kosovo is structured in three levels: the Central Election Commission (CEC), the Municipal Election Commissions (MEC) and the Polling Station Councils (VCCs). Still, CEC represents the most important institution that administer the entire electoral process. The Constitution defines the "structure and the mandate of the CEC" and the Law on General Elections defines the structure, mandate and election of members of the "CEC", "MEC" and "VCC". The CEC is an "independent, permanent body" with a Constitutional and legal mandate for the "administration of elections" in accordance with the rules set out in the Electoral Law. In the analysis of the legal framework, the CEC consists of two types of members: a) political members nominated by political parties represented in the Assembly and decreed by the President, and b) non-political member or head of the CEC coming from the system of Justice or the Supreme Court selected and decreed by the President of Kosovo. The process of consolidating the structures for the administration of the electoral process goes further with the appointment of members of the "MEC" and "VCC" with political and non-political composition. This political composition of the CEC is affecting its work, according to the election evaluation reports. In all the reports from the European Union Election Observation Mission as well as in the ‘progress reports’ of the European Commission, on the Parliamentary Elections held in Kosovo during the period 2010-2020, we note that the common recommendation is the reform of the electoral legal framework . The purpose of this research is to find the best model for the administration of the electoral process and to provide recommendations for legal and institutional reforms. The reform of the legal framework should reflect the establishment of an apolitical CEC involving all levels of administration of the electoral process. This would enable organizing free, democratic elections and according to international standards. The methodology used in this paper is mixed. This paper is based on the collection and analysis of primary and secondary data.

The European Union is founded on core values and one of them is the rule of law enshrined in the Article 2 of the Treaty on European Union. Within the EU, the rule of law includes legality, legal certainty, prohibition of arbitrariness of the executive powers, independent judiciary, effective judicial review including respect for fundamental rights, and equality before the law. This article will focus on the crisis and current rule of law challenges that the European Union faces. The rule of law legal framework will be examined also, especially the Art. 19 TEU as it provides a normative for the rule of law and it serves as the jurisdictional trigger to enforce and protect the values of art. 2 TEU.

The paper aims to identify the relationship between education standards and the labor market in general and to characterize certain relationships that might appear between them. In the age of globalization, particularly since the current crisis erupted, the labor market is in a constant and rapid state of change. This requires, in turn, a skilled workforce capable of responding flexibly to the market needs. A country’s ability to compete internationally, thus rests on a working relationship between education and employment, as this allows more responsiveness of the education system to the labor market requirements. These issues are being addressed in this paper with reference in local and European countries. A multidimensional approach is used to examine the connections between educational output and employment conditions. All the evidence suggests that countries that perform well across educational standards do often provide higher employment chances and better labor market conditions,

The pandemic caused by COVID 19, in addition to the casulties on people and damges on national and family economies, managed to seriously challenge democracies in general, and new ones in particular. Moreover, the need for the application of emergency measures or emergency power, put to the test even the states with glorious history in the rule of law. In this context there were great dilemmas and delays in the necessary response to emergency measures, especially in the most fragile democracies. Kosovo, as one of them, from the beginning of the news about the pandemic was faced with the dilemma: whether to apply the state of emergency, or the situation to cope with emergency measures of existing legislation. The dilemmas were due to the deep mistrust between the Prime Minister and the President, as well as due to the lack of knowledge about the constitutional government during the state of emergency, respectively about the constitutional power in case of emergencies. In this paper we will try to analyze this kind of power in our constitutional law, giving answers to the questions: what is the state of emergency and what are the events that can create it; what are the models of legal regulation of this state; what is the model that has been legitimized by our constitution and what are the shortcomings that may result in emergencies and which democratic principles and human rights may be affected and which are not. The treatment of the topic will be based on the comparative approach, as far as we can find similarities in the constitutions and theories of other states. We will also approach the topic in both doctrinal and normative terms.