Fizički integritet i najnovije zakonodavne izmjene u Albaniji

In 2016 Albania went through a major justice reform which provided legislative changes to the already existing institutions, established new ones and sought to improve the procedural guarantees of the accused in criminal trials. While the Albanian Code of Criminal Procedure prior to the changes did not provide for biological evidence or a medical intervention in the course of a criminal investigation, the new legislative changes introduced the concepts of biological evidence and the compulsory physical examination as part of tools in search of the evidence. Even though the draft amendments to the previous Albanian Code of Criminal procedure recognized the problems encountered in practice during the collection of biological evidence vis à vis individual’s rights to personal integrity and dignity, the application of the newly introduced and enacted provisions remains still unclear and raises concerns, not only regarding the possible arbitrary use of such tools by law enforcement authorities, but also on the possible conflicts that can arise from the application of such procedures by medical examiners and physicians and the fundamental rights of the person under examination or undergoing the medical procedure/intervention.U 2016. godini Albanija je prošla kroz veliku reformu pravosuđa koja je već postojećim institucijama donijela zakonske izmjene, uspostavila nove zakone te nastojala poboljšati procesna jamstva optuženih u kaznenim postupcima. Dok albanski Zakon o kaznenom postupku prije ovih izmjena nije predviđao biološke dokaze niti medicinsku intervenciju tijekom kaznene istrage, nove zakonske izmjene predstavile su koncepte bioloških dokaza i obavezni fizički pregled kao dio alata u potrazi za dokazima. Iako su u nacrtima amandmana za prethodni Zakon o kaznenom postupku Albanije prepoznati problemi koji se susreću u praksi tijekom prikupljanja bioloških dokaza s obzirom na prava pojedinca na osobni integritet i dostojanstvo, primjena novouvedenih i donesenih odredbi i dalje ostaje nejasna i izaziva zabrinutost, ne samo u pogledu mogućeg proizvoljnog korištenja takvih alata od strane tijela za provedbu zakona, već i zbog mogućih sukoba koji mogu proizaći iz primjene takvih postupaka od strane medicinskih istražitelja i liječnika te temeljnih prava osobe koju se ispituje ili prolazi kroz medicinski postupak/intervenciju

Rule of Law and Judicial Independence in Albania

We know the importance that the rule of law has for our society, our democracy, and the kind of civilization we want, but we rarely take the time to think about what the components of the rule of law are and how we ensure that the rule of law is maintained. In its most basic form, the rule of law is the principle that no one is above the law. Legal documents, such as constitutions, national legislation, a court system, and international agreements, govern a state’s actions towards its citizens. Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The rule of law is a very broad concept. It involves several aspects rooted in democracy. This paper will focus on the independence of the judiciary as part of the rule of law. Judicial independence means that judges are independent from political pressures and influences when they make their decisions, that they should not be pressured by a political party, a private interest, or popular opinion when they are called upon to determine what the law requires. Keeping the judiciary independent of these influences ensures that everyone has a fair chance to make their case in court and that judges will be impartial in making their decisions. Presidents, ministers, and legislators, at times, rush to find convenient solutions to the exigencies of the day. An independent judiciary is uniquely positioned to reflect on the impact of such acts on rights and liberty, and must ensure that those values are not subverted. The need for an independent judiciary in Albania is of paramount importance for Albania’s integration in the European Union

Patient's Rights and End-of-Life Decisions: The Albanian Experience Patient's Rights and End-of-Life Decisions: The Albanian Experience

Abstract As human beings we are bound up with the medical profession. It is certain that at some point in our life we rely on their help. Even if such help is avoided throughout life, some life activities involve recourse to medical care