6 research outputs found

    The Albanian legal framework on non-discrimination and gender equality in employment relationships

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    Discrimination and gender inequality in employment relationships are present in every society, at any time and whatever their victim is. With the development of society, despite the measures taken to prevent discrimination, this phenomenon continues to be present and appears in different forms. In a society with economic civilization and culture development, people cannot explain why do such phenomena that become an obstacle to the realization of a right as the right to employment exist, when it is sanctioned and guaranteed by the Constitution of the Republic of Albania, in international conventions ratified by our country, in the Labor Code and particular laws, such as the “Gender Equality law”. Discrimination in employment relationships and in the workplace continues to appear in its traditional format based on gender, race, ethnic origin, religion, age but also in new forms based on disability, sexual orientation, genetics and lifestyle. Despite all efforts to prevent discrimination, this phenomenon has always been a threat to all individuals seeking to enter into an employment relationship. We all have the right to work, to be treated equally during a competition for a particular job, to get a fair wage, to be paid equally with others for the same job, to get promotion, to be safety in work, to get vocational training and retraining benefits without being discriminated of race, religion, age, gender, political belief, sexual orientation, etc. However, the first opportunity for discrimination is encountered from the moment when hiring an individual. But, despite the momentum when we are faced with discrimination or one of its kind, there should be placed great attention by the State through the relevant authorities and by the society itself by denouncing it. We shouldn’t be subject of violation of the right to employment and equal treatment in employment relations. Not without reason the two principles: the principle of prohibition of discrimination and gender equality are two principles enshrined in international conventions, giving it a great importance. In this paper there is addressed the Albanian legal framework that sanctioned and guaranteed the principles of prohibition of discrimination and gender equality, as the Constitution of the Republic of Albania, the Labor Code, the law on “Gender Equality in Albania”, as well as institutional mechanisms to ensure gender equality in Albania

    The Role of Criminal Law as an Anti-corruption Tool in the Public Sector

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    The Albanian society is making efforts for the consolidation of democratic institutions and the fulfillment of standards as a condition for European integration. In the context of these efforts, the fight against corruption remains a major challenge. The need to address the fight against it is one of the main issues of public interest. Corruption in the field of public administration is one of the most disturbing phenomena of the Albanian society. European Commission Progress Report 2011 for Albania considers public administration reform as one of the key priorities. To this end, the Albanian government has undertaken concrete steps to combat and prevent corruption in the public sector in particular. Concrete steps in the context of the fight against corruption,consists on a very important place which is given to legal reform, especially the amendment of criminal legislation as an important war of the fight against corruption. Although the legal framework has improved significantly, there has been no proper success in changing the reality in relation to the prevention and suppression of corruption. Studies and surveys indicate an improvement of the situation, but the corruption practices in the public sector continue to be embodied as the economic dimension, as well as in social. The purpose of this paper is to present some issues regarding anticorruption legal reform in the field of public administration based on an analysis of international law, provisions of the Criminal Code and special laws aimed at preventing and combating corruption in the public sector. More specifically, the paper will focus on: - Analysis of the Criminal Code amendments that occurred as a result of demand for harmonization of legislation with international conventions in this field, and the importance in combating corruption in the public sector. - Analysis of legislation and other measures in the field of public administration that enable the prevention and suppression of certain behaviors related to acts of corruption in the sector. - Identification of issues related to the practical application of these provisions in view of the fight against this phenomenon. - Identification of relevant suggestions to increase the effectiveness of anti-corruption measures and mechanisms to control and fight against corruption in public administration. DOI: 10.5901/ajis.2016.v5n1p9
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