Procedural Law (Books and Journals)
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Conflict Management Strategies in Mediation
Strategies for managing the ways to approach, manage and resolve conflict are, without a doubt, truly advanced techniques for practical approach to conflict. By applying these strategies, conflicts can be mediated that have become over time crises and the consumption of human and emotional resources have already reached a very high level.
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Expertise and Procedural Position of Expert's under the Kosovo Code of Criminal Procedure
The role of expertise in criminal proceedings is becoming more and more important. Achievements in different sciences are allowing the results of expertise and experts’ opinions to be handled by courts as evidence equivalent to other evidence, in order to lighten a particular criminal case. For the purpose of harmonizing with international practice, the standards that apply to expertise under the
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Mediation an Important Segment of Kosovo Legal System for Alternative Civil Dispute Resolution
States in transition and which are building state mechanisms face numerous challenges and problems. Among challenges that Kosovo face is building a legal system which should be in accordance with universal legal values. In order to strengthen the legal system have been foreseen also various supportive mechanisms in terms of completing the system and reflecting on a more efficient judicial system.
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Procedural aspects of patrimonial liability in Romanian labour law
In this study, the procedural aspects regarding the way of applying the patrimonial liability to labour law will be analysed. The non-regulation of a procedure in this matter by the legislator represents a legislative lacuna that can be corrected either by de lege ferenda by amending the Labour Code, or by the social partners according to the legal provisions in the matter. In this study,...
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Omission to notify the criminal investigation bodies in the exercise of the public function
This present study treats some aspects regarding the exercise of public office, from the perspective of criminal law and criminal procedural law. The violation of criminal legal norms, including by civil servants, leads to the appearance of one right conflict, the solution of which presupposes to draw the criminal liability of the perpetrator, following the deployment of a whole of activities...
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Report on the diversity roundtable at Vienna arbitration days 2018
On the occasion of Vienna Arbitration Days 2018 which took place on 19-20 January 2018, I was invited to be a Roundtable moderator for the second day, organized as a World Café of several tables with trendy topics that are much debated and considered nowadays actual and of interest for the arbitration community. I proposed that my Roundtables’ topic to be about diversity in arbitration as the...
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Procedural incidents: relinquishing the legal action in the appeal proceedings or in the extraordinary legal remedies
The principle of law of the availability implicitly includes the possibility granted by the lawmaker to the parties to perform proceeding disposition acts. As regards relinquishing the legal action, the Civil Procedural Code applicable to date included, in art. 406, para. 5, an apparently irrelevant amendment; however, the jurisprudence shows this cannot go ignored, as the premises of party...
- The comencement of the arbitral proceedings
- Mediator's Personality in Specific Legal Disputes: Sports Related Disputes and Healthcare Related Disputes
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The Right to Appeal as a Fundamental Right under International Acts and Jurisprudence, with Special Emphasis on Criminal Procedure
The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings. The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and...
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The impact of moral (psychological) harassment at work on romanian workers' right to dignity and integrity
The paper aims to outline the severe implications of moral (psychological) harassment at work on Romanian workers and the extent to which such behaviour impacts human dignity, as the basis of human rights law. The study has as starting point the EU guidelines with respect to health and safety at work and further details on the Romanian legislation regulating psychological harassment at work, with
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The legal transaction ? an efficient solution for dispute settlement
The attempt of relieving the courts of justice of the almost unbearable burden of having to deal with numerous files has led the legislator to conform himself to the European trend of legislating the appearance of completely new and alternative methods for the resolution of litigations, thus shadowing entitled institutions which already existed and offered the possibility of avoiding potential...
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Promoting and protecting employees' rights and the employer obligations in the domain of work relations provided in special laws
Promoting and protecting the employees’ rights represents a continuous concern, not only for the Parliament, but also for the doctrine and for all of us. This research looks to introduce these obligations and to present, in particular, the criteria to which the employer needs to comply fully and properly in such a manner that the employees’ rights to work are respected. This obligation of the...
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The issue of the liquidation process of social enterprises during privatization process in Kosovo
The privatization process in Kosovo with all its difficulties, permanent dilemmas entered into the final phase. Despite a considerable number of SOEs privatized until now there has not been any study done by any governmental or non-governmental body that will reflect more comprehensively the performance and its effects in economy. This process until now had several complex problems, changes and...
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International standardization of arbitration as an alternate dispute resolution forum and its acceptance in India
With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of...
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Mediation as an Alternative Manner of Dispute Resolution in Kosovo
Mediation as an alternative manner of dispute resolution in Kosovo is a novelty. Kosovo is a new state which declared its independence in 2008, and in the same year the Law on Mediation has entered into force. This piece of legislation has been drafted in alignment with the laws of other European countries on mediation. The proper establishment and functioning of mediation in Kosovo has started...
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An Interpretation and Application of Section 73A(5) of the Competition Act 89 of 1998, South Africa
The object of this article is to argue that section 73A(5) of the Competition Act of 1998 is constitutional. Some commentators have argued that this provision creates reverse onus offence and is therefore unconstitutional. The article argues against this view, necessarily because section 73A(5) does not implicate any of the definitional elements of the offence created by section 73A, which...
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A(n) (Im)Possible Interpretation on Article 145, Paragraph (2), Second Thesis, Civil Procedure Code
In this paper I have analysed the answers which the following questions might receive: Can the Court invested with solving a motion to change venue decide on solving a trial already solved? Which could be the consequences of crediting the idea that the answer is in the affirmative in any situation, without any distinction? The law issue submitted to the analysis was generated by the circumstance...
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About the Effects of Sustaining the Inadmissibility Exception for a Counterclaim
In this paper we submitted to discussion the solution that a court can give when finding out, upon research made (by default or upon inadmissibility exception bringing up by the interested party) on the admissibility conditions for a counterclaim, that requirements provided by art. 209 in the Civil Procedure Code are not fulfilled. Our study was generated from a practical situation in which the...
- Jurisprudential aspects regarding the action in annulment of the debtor's patrimonial transfers, the debtor being in insolvency procedure
- The Good Conduct Guarantee' and other Measures Comprised in GEO no. 51/2014 Amending and Supplementing GEO no. 34/2006