Access to Justice in Eastern Europe最新文献

{"title":"THE FIRST STEPS IN IMPLEMENTING THE UKRAINIAN STRATEGY FOR RESTORING THE RIGHTS OF OWNERS OF CERTAIN CATEGORIES OF REAL ESTATE DAMAGED OR DESTROYED AS A RESULT OF THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION","authors":"Viktoriia Ivanova","doi":"10.33327/ajee-18-7.4-n000102","DOIUrl":"https://doi.org/10.33327/ajee-18-7.4-n000102","url":null,"abstract":"Background: In the context of war, the issue of compensation for damages caused by the military aggression of the Russian Federation against Ukraine is of utmost relevance, given the unprecedented scale of damage and the number of affected individuals. This article explores one of the existing methods for compensating damages related to the damage or destruction of certain categories of real estate as a result of hostilities, terrorist acts, and sabotage caused by the armed aggression of the Russian Federation against Ukraine through the state electronic public service “eRecovery”. This article explores the main aspects of the operation of this state service, including its limitations and the conditions for receiving compensation.\u0000Additionally, the article reviews a civil case involving a Ukrainian citizen against Ukraine for failure to fulfil its positive obligations and against the Russian Federation for the destruction of housing that resulted in material and moral damage. It also highlights the difficulties that may arise in the process of reparations paid by the Russian Federation.\u0000Protecting the rights and freedoms of individuals residing in Ukraine is the state’s duty, and during wartime, this task takes on new significance, becoming complex and extremely important. One way to provide such protection is through compensation for damages caused by the military aggression of the Russian Federation against Ukraine. However, developing a mechanism for such compensation requires the mobilisation of significant resources and additional research across various fields, primarily to ensure justice. It is essential to explore the legal grounds for compensation, criteria for damage assessment, possible methods and means of compensation, and potential cooperation between national and international institutions.\u0000 \u0000Methods: This study analyses one of the ways to protect the rights of those affected by the Russian-Ukrainian war through obtaining compensation via the state electronic service “eRecovery”. In particular, it examines the following issues: current limitations regarding the objects eligible for compensation, the principles of operation and development prospects of the “eRecovery” state service, and the development and challenges of national court practices in disputes arising from the war. It also explores the state's positive obligations in the field of human rights and the measures Ukraine is taking to protect and restore the rights of the affected individuals. National and international opportunities for developing a compensation mechanism for the affected and the challenges Ukraine faces before receiving reparations from the Russian Federation are analysed.\u0000Results and conclusions: The results of this study highlight the state's ability to provide adequate protection to individuals affected by the Russian-Ukrainian war, particularly through the “eRecovery” electronic public service. The need for further development of the service has been i","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"16 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141925583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interplay of Crises: Mapping the Scientific Landscape of Intersecting Themes in the Covid-19 Pandemic and the Russian-Ukraine War","authors":"","doi":"10.33327/ajee-18-8.1-a000101","DOIUrl":"https://doi.org/10.33327/ajee-18-8.1-a000101","url":null,"abstract":"Background: In February 2022, Russian Federation troops attacked Ukraine on several fronts, thereby starting a war that continues to this day. The invasion garnered worldwide opposition, leading to sanctions imposed on politicians and corporations in the Russian Federation. The war has also left its mark on art, culture, and science.\u0000Methods: In this study, we analyse the war in Ukraine and how scholars around the world have examined it. The analysis is divided into three parts: (1) a comprehensive review of the number of articles and conference proceedings related to the Russia-Ukraine war in the Web of Science (WoS) disciplines/categories; (2) the main topics and directions chosen by the authors; and (3) a summary of studies focused on COVID-19 during the war. The latter topic is particularly important, as the COVID-19 situation in Ukraine was already complex before the 2022 invasion, and the ongoing military actions have further exacerbated it. For the above analyses, we utilised a WoS database from 2014 (covering the first Russian attack on Crimea, Donetsk and Luhansk regions) through December 2022.\u0000Results and Conclusions: For academics, the war in Ukraine has become a significant subject of study. As it proliferated, culminating in a direct mass attack in February 2022, research efforts involved more and more scientific fields. These fields range from political science and sociology research to psychology and marketing to engineering science or supply chains.","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"119 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141820172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ASSESSING THE LEGAL RAMIFICATIONS OF THE COVID-19 PANDEMIC ON ADMINISTRATIVE CONTRACTS IN THE UNITED ARAB EMIRATES: COMPARATIVE REVIEW","authors":"Sumaya Abdulrahim Hamdan Nasser Al Jahoori","doi":"10.33327/ajee-18-7.3-a000313","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000313","url":null,"abstract":"Background: This study aims to establish whether COVID-19 qualified as a force majeure event or exceptional circumstance according to the laws of the United Arab Emirates (UAE) and assess if a particular principle can circumvent contractual duties. It investigates how COVID-19 impacted administrative contracts in the UAE, using UAE laws and case studies to explore legal theories that justify failure to perform an obligation in such contracts.\u0000The UAE, like many other countries, faced an unpredictable event and utilised all its resources and manpower to combat the danger and ensure the safety of its people. This resulted in various restrictions, such as mandatory quarantine for everyone entering the UAE and limitations on travel outside the country. Additionally, certain Emirates within the UAE, such as Abu Dhabi, imposed entry restrictions, requiring a negative COVID-19 test result for entry and later mandating that only vaccinated individuals were permitted to enter.\u0000Additionally, the study explores the necessary criteria for demonstrating force majeure or exceptional circumstances in said contracts. This study used an analytical approach to examine laws and court decisions. Based on the findings, the outbreak of COVID-19 did not directly impact administrative contracts in the UAE. This is likely due to the authorities’ effective handling of the situation. Notably, the theories of force majeure and exceptional circumstances could not be automatically and generally applied to all contracts because each contract was unique and required individual considerations. The study presents potential theoretical and practical applications, highlighting opportunities for future research.","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"41 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141838285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COMBATTING SEXUAL VIOLENCE IN KOSOVO: GLOBAL PERSPECTIVES AND LOCAL SOLUTIONS","authors":"Berat Dërmaku, Kosovare Sopi, Liza Rexhepi","doi":"10.33327/ajee-18-7.3-a000309","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000309","url":null,"abstract":"Background: \u0000Addressing sexual violence is a pressing social issue that requires comprehensive\u0000action and attention. In Kosovo, sexual assault remains a significant concern, necessitating a\u0000multidimensional approach to combat this pervasive problem. This paper delves into various\u0000facets of sexual assault in Kosovo, exploring its historical context, cultural factors, legal\u0000framework, and societal attitudes.\u0000Methods: \u0000The paper synthesises information from diverse sources, including empirical data\u0000from a survey conducted in Gjilan city in 2022, which engaged 675 participants. Statistical\u0000analysis techniques were employed to analyse the survey findings and draw meaningful\u0000conclusions regarding public perceptions, attitudes, and responses to sexual violence.\u0000Results and Conclusions: \u0000The findings underscore the urgency of addressing sexual violence\u0000in Kosovo through legal reforms, public awareness campaigns, support services for survivors,\u0000educational initiatives, and collaborative efforts among stakeholders. Recommendations are\u0000provided to strengthen the legal framework, enhance support services, promote awareness, and\u0000foster cooperation among governmental, non-governmental, and community organisations.\u0000Implementing these recommendations can contribute to creating a society free from sexual\u0000violence and prioritising the safety, well-being, and empowerment of survivors. By addressing\u0000sexual violence comprehensively, Kosovo can promote social cohesion, gender equality, justice,\u0000and economic development while also enhancing its international reputation and cooperation\u0000amidst European integration processes and post-war recovery efforts.","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"7 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385937","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"EVIDENTIARY STANDARDS OF THE UN COMPENSATION COMMISSION: TAKEAWAYS FOR UKRAINE","authors":"B. Karnaukh","doi":"10.33327/ajee-18-7.3-a000307","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000307","url":null,"abstract":"Background: \u0000According to international law, a state responsible for internationally wrongful\u0000acts is obliged to fully compensate for the damage caused by such acts (Responsibility of States\u0000for Internationally Wrongful Acts, Art. 31). Accordingly, victims who suffered losses as a result\u0000of such actions are entitled to compensation. To implement these fundamental principles, the\u0000Committee of Ministers of the Council of Europe established the Register of Damages Caused\u0000by the Aggression of the Russian Federation against Ukraine. It is just the first of three elements\u0000of the future compensation mechanism for Ukraine (the other two, yet to be created, are the\u0000compensation commission and the compensation fund). However, to get compensation, every\u0000victim of the war will have to prove his or her case before the future commission. In this regard,\u0000the evidentiary standards will become critical. To understand how future compensation\u0000mechanism for Ukraine could operate, it is useful to study the practice of similar institutions.\u0000The UN Compensation Commission deserves special attention, as it could provide valuable\u0000insights into how war-related damage must be proven to warrant compensation.\u0000Methods:\u0000The article’s primary purpose is to explore the approach adopted by the UN\u0000Compensation Commission with respect to evidentiary standards. To this end, the article will\u0000first outline the general framework of the Commission's work, its purpose and organisational\u0000structure. It is then necessary to describe the categories of claims reviewed by the Commission,\u0000since - as will be shown later - the Commission applied a diversified approach: different\u0000categories of claims were subject to different evidentiary standards with varying degrees of\u0000exactingness. This differentiation was necessitated by the prioritisation of claims and the use\u0000of an expedited procedure for reviewing first-priority claims. This main part of the study will\u0000focus on the Commission's documents that illustrate its approach to evidentiary standards.\u0000First, the three evidentiary standards applied by the Commission will be outlined and explained: proving the incident alone with no need to establish the extent of the damage;\u0000proving damage on the basis of a \"reasonable minimum\" of evidence appropriate in the\u0000circumstances; and proving damage on the basis of documentary and other evidence\u0000sufficient to establish the extent of the damage. The article will then analyse how these three\u0000standards were applied in practice to the selected categories of personal injury claims.\u0000Finally, the conclusions will consider what takeaways can be drawn from the Commission's\u0000case law for the Ukrainian case.\u0000Results and Conclusions: In times of armed conflict and occupation, gathering evidence of\u0000harm is notably challenging for victims due to various reasons. This fact calls for special\u0000consideration from international compensation mechanisms, which cannot adhere to the\u0000rigid formalities used in regular court proceedings","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141385958","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"NORTH ATLANTIC TREATY ORGANIZATION (NATO) AND ITS ROLE FOR SECURITY IN THE WESTERN BALKANS","authors":"Sheqir Kutllovci, Orhan Çeku","doi":"10.33327/ajee-18-7.3-a000308","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000308","url":null,"abstract":"Background: \u0000The North Atlantic Treaty Organization (NATO) is the world’s largest and\u0000most powerful collective security organisation in modern times. Membership in this\u0000organisation is the objective and effort of many countries, including most of the countries of\u0000the Western Balkans. Membership ensures collective protection, security and political\u0000stability. Since its inception, NATO has emerged as a global force for security and the spread\u0000of peace almost across the globe. Not everyone deems it as such, considering the Russian\u0000Federation sees it as its main enemy. Its military operations have been centred around\u0000protecting human rights and maintaining peace. The best example of this commitment is\u0000NATO’s humanitarian intervention in Kosovo, one of the countries of the Western Balkans.\u0000Even after June 1999, NATO was present in this country and took care of the peace and\u0000security of the entire Western Balkans. The presence of this organisation in this part of the\u0000globe remained essential, as did knowing the geopolitical history of this region.\u0000The Balkans still suffers from nationalist policies and interethnic divisions, which in either case\u0000remain a very important factor for security in this region. One fundamental issue of Western\u0000Balkan countries is the acceleration of economic reforms, the rule of law and the fight against\u0000corruption to achieve membership in the European Union. Instead of these important issues in\u0000the Western Balkans, clashes have continued over border changes and nationalist rhetoric,\u0000which could undermine peace and security in this region. The current problems of the Western\u0000Balkans are inherited from the dissolution of the Socialist Federation of Yugoslavia. The wars\u0000in the former Yugoslavia, despite being the cause for the establishment of new independent\u0000states, did not fulfil the ethnic expectations of these countries. Given that the Republic of Serbia,\u0000in the preamble of the 2006 Constitution, foresees the Republic of Kosovo as its own territory,1 legal action that expresses territorial claims against a sovereign state poses a risk for new\u0000conflicts in the Balkans. A situation with conflicting tendencies is also present in the Republic\u0000of Bosnia and Herzegovina, where the official policy of the Serbian Republic of Bosnia has\u0000openly shown the tendencies for secession from the Federation and union with Serbia.2\u0000This paper deals with the role that NATO has played and continues to play with its presence\u0000in the Balkans in maintaining peace and regional security, the challenges of security and\u0000building a stable peace in this region of Europe, where nationalist tendencies dominate as well\u0000as interethnic problems, lack of political culture and deficits of democracy.\u0000Methods: \u0000Combined scientific methods were used in this paper, starting with the qualitative\u0000method and literature review. The qualitative method was used to interpret the scientific theories\u0000related to security. Reviewing the literature, we managed to combine the re","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"62 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141381729","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE IMPACT OF THE MATRIMONIAL PROPERTY REGIME ON COMMERCIAL COMPANIES ACCORDING TO ALBANIAN LEGISLATION","authors":"","doi":"10.33327/ajee-18-7.3-a000305","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000305","url":null,"abstract":"Background: \u0000The purpose of this study is to examine the interaction between the legal\u0000discipline of matrimonial property regimes and the commercial activities of spouses that are\u0000established before or during marriage. It aims to investigate how the legal community impacts\u0000commercial companies, specifically in the hypothesis where the shareholder of the company is\u0000married. There is ongoing debate within legal circles about whether shares of a commercial\u0000company established by one spouse during marriage or acquired through a legal transaction\u0000are part of the legal community. Regarding this matter, several issues arise: whether the\u0000participation in the company's initial capital is governed by community administration rules,\u0000which is the legal nature of shares acquired by one spouse, and how the marital community\u0000regime interplays with commercial legislation. Another issue that has engaged legal doctrine is\u0000whether the spouse of a shareholder is recognised as a shareholder and can participate in the\u0000company administration. Albanian Family Code lacks specificity on shares, mainly addressing\u0000small family businesses. The study of the interaction of these two disciplines aims to assist\u0000jurisprudence because, despite some cases of the Supreme Court and the Constitutional Court\u0000in recent years, this is still a relatively new field for Albanian doctrine and jurisprudence.\u0000\u0000Methods:\u0000The research methodology adopted for this paper employs a multi-faceted approach,\u0000integrating desk research, legal analysis, case law review, and a comparative study. It\u0000encompasses an examination of relevant national legislation, as well as foreign legislation from\u0000civil law tradition countries such as France and Italy. Furthermore, European soft law, notably\u0000the principles of the European Commission of Family Law (CEFL) focusing on matrimonial\u0000property issues, has been reviewed.\u0000Our research methodology includes gathering and analysing existing studies and academic\u0000literature on matrimonial property regimes. To better understand the norms of the Family\u0000Code regarding matrimonial property regimes, we will analyse Italian and French doctrine\u0000and jurisprudence, as well as the legal systems based on which the Albanian Family Code\u0000has been drafted.\u0000It should be emphasised that while this paper’s primary aim is not solely comparative analysis,\u0000it strives to assist in better understanding and implementation of the legal community regime\u0000as the most used regime by spouses in practice. Also, a comprehensive comparative analysis\u0000has been conducted, comparing Albanian legislation and the CEFL Principles, to identify key\u0000similarities, differences, and potential areas for enhancement within legal frameworks.\u0000Moreover, the jurisprudence of both Albanian and foreign High courts has been extensively\u0000utilised to enrich the analysis and provide insights into practical applications of legal principles.\u0000\u0000Results and Conclusions:\u0000The solution to the abovementioned issues depends on the company’s\u0000l","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"64 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141111613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE ROLE OF ADMINISTRATIVE CONTRACTS IN THE FIELD OF PUBLIC ADMINISTRATION","authors":"","doi":"10.33327/ajee-18-7.3-a000303","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000303","url":null,"abstract":"Background: \u0000This scientific paper aims to delve deeply into the concept of administrative\u0000contracts and their importance in the field of public administration. Therefore, our goal is to\u0000provide a clear and detailed analysis and interpretation for readers, ensuring that all those\u0000interested have the opportunity to gain a foundational understanding of the importance and\u0000legal consequences of administrative contracts. By means of this paper, treating administrative\u0000contracts broadly regarding their development, meaning and importance in the theoretical\u0000aspect will positively influence and facilitate their application in practice by the public\u0000administration. These contracts, often similar to classical ones, with their content and purpose,\u0000are so differentiated that now it is no longer possible to speak of their belonging to one of the\u0000existing groups of contracts but of new, independent types of contracts.\u0000Methods: \u0000This paper employs analytical, normative, historical and comparative methods. The\u0000analytical method will be used to analyse administrative contracts in the Republic of Kosovo and\u0000their application by state bodies. The normative method will treat the legal provisions that\u0000regulate administrative contracts, starting with those within administrative law and extending to\u0000provisions in other legal domains. The historical method will illustrate the history of the\u0000development of administrative contracts, detailing their past and how they work today. Lastly,\u0000the comparative method will compare the development and operation of administrative contracts\u0000in the Republic of Kosovo with those in other democratic states mentioned in the paper.\u0000Results and conclusions: \u0000The administrative contract holds significant importance in public\u0000administration, as its primary objective is always to serve the general state interest. Despite\u0000being a bilateral legal act, an administrative contract typically involves a public or state\u0000administration body as the contracting party, which inherently holds greater power or\u0000authority in relation to the other legal entity involved. This power disparity means there is no\u0000equal footing between the contracting parties, contrary to the principle of equality observed in\u0000civil law and generally required for concluding private contracts.","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"58 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141113394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE INTEGRAL ROLE OF THE ALBANIAN PARLIAMENT IN EU INTEGRATION THROUGH NATIONAL LAW APPROXIMATION (JANUARY 2018 – DECEMBER 2023)","authors":"","doi":"10.33327/ajee-18-7.3-a000306","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000306","url":null,"abstract":"Background: \u0000Albania negotiations for the country's EU membership formally began on\u000019 July 2022. The process will consist, among others, of approximating national legislation\u0000with the EU acquis, which is divided into six thematic clusters. Albania must achieve the\u0000country's legislation full compliance with the EU acquis and its successful implementation.\u0000Negotiations and subsequent membership in the European Union (EU) will support the\u0000democratisation and strengthening of the rule of law in Albania. This research examines the\u0000role of the Albanian Parliament in the EU integration process through the approximation of\u0000national laws. This desk research serves as a cornerstone for further research and academic\u0000studies regarding the Albanian Parliament's involvement in EU integration efforts through\u0000the process of national law approximation. Therefore, to better approximate national\u0000legislation with that of the EU, it is recommended that Parliament increases the trend of\u0000approving laws aimed at approximation.\u0000Methods: \u0000A cross-sectional study was conducted to examine the legislative activity of the\u0000Albanian Parliament (Parliament hereinafter) between 2018 and 2023 in terms of\u0000approximation of national laws with the EU acquis. The study used a desk review to analyse\u0000the annual number of laws adopted and approximated to EU law. Reliable sources from the\u0000Official Journals of the Republic of Albania (Albania hereinafter) were used to collect data on\u0000laws adopted and approximated during the study period providing an understanding of the\u0000total number of laws adopted and approximated for each year, the relevant EU act, and the\u0000clusters of the negotiation chapters.\u0000Results and Conclusions: \u0000Analysing the role of Parliament in EU integration through the\u0000approximation of national legislation from 2018 to 2023 highlights the multidimensional\u0000nature of the integration process and the important contribution made so far by the legislative\u0000power. During the period covered by the study, Parliament has made important efforts to\u0000approximate national legislation with EU legislation, which is proven by the study results.\u0000Based on the study data, a quantifiable difference was found between the total number of laws\u0000approved and those approximated by Parliament from 2018 to 2023. The study's conclusions\u0000and recommendations provide a comprehensive understanding of the challenges and\u0000opportunities in approximating Albanian legislation with the EU acquis and advancing the\u0000country's European integration agenda.","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141112615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"POTENTIAL CONFLICTS IN PERSONAL DATA PROTECTION UNDER CURRENT LEGISLATION IN VIETNAM COMPARED WITH EUROPEAN GENERAL DATA PROTECTION REGULATION","authors":"","doi":"10.33327/ajee-18-7.3-a000304","DOIUrl":"https://doi.org/10.33327/ajee-18-7.3-a000304","url":null,"abstract":"Background: Transatlantic data transfers are a critical component of the global digital\u0000economy, facilitating commerce and communication among countries worldwide. However,\u0000these transfers have been fraught with legal and regulatory challenges, particularly concerning\u0000protecting personal data due to the lack of a comprehensive global privacy law.\u0000\u0000Methods: \u0000This comparative, descriptive study exploits secondary resources by comparing and\u0000contrasting the principles of the European General Data Protection Regulation and the new\u0000Decree on personal data protection in Vietnam to provide deep insights into the differences\u0000between them.\u0000\u0000Results and Conclusions:\u0000Although the Decree takes advantage of many of the European\u0000General Data Protection Regulation's principles, i.e., the rights of data subjects, consent\u0000requirements, and the need for impact assessments, it has its provisions specific to the\u0000Vietnamese context, such as the absence of \"legitimate interests\" as a legal basis for processing\u0000and the unique enforcement mechanisms. Despite many similarities, the specific requirements\u0000around consent, data subject rights, breach notification, extraterritorial data transfers, and\u0000enforcement mechanisms might result in conflicts among these legislative documents. The\u0000Decree, which would become more effective, shall rely on its enforcement mechanisms and the\u0000ability to impose meaningful sanctions for non-compliance; thus, it should incorporate a more\u0000detailed sanctions regime to deter violations effectively.","PeriodicalId":502146,"journal":{"name":"Access to Justice in Eastern Europe","volume":"40 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141111218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}