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.

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.