Suchergebnisse

Throughout history, mankind has been inclined to use an increasingly advanced technology to enhance communication skills between them. Communication already represents a need as essential as it is considered one of the fundamental human rights. This right of communication today translates, among others, as the right to freedom of expression, as well as the right to information. These rights are provided in the highest acts such as the Universal Declaration of Human Rights, the European Convention on Human Rights, the Constitution of the Republic of Albania as well as other laws or bylaws issued on the basis and implementation of the Constitution. The human right to express oneself, to be informed and at the same time to preserve privacy, is developing along with the great boom that has taken place in the development of communication technology, in an increasingly connected world, so much so that to look like a global village, where information spreads very quickly. The evolution that has taken place with the development of information technology and related digital communications in recent years has changed the communication practices around the world. But in addition to this, the legislation that regulates this field has undergone constant changes, due to the fact of direct implication for human rights.

The property relations stand at the basis of the normal development and of the consolidation of the socio-economic report in a democratic society which relies on the market economy. The property can belong to a single person or to two or more people, which is defined as co-ownership of some individuals over one or more possessions as well as legal rights over the possession or shares. The foundation of the co-ownership state is achieved by the will of some people who willingly have agreed about their contribution in the common enterprise, respective parts, the kind of shares, membership fees etc. But, joint ownership can be established without owner / s the willingness. Such a prediction is made by the Albanian legislation in the Civil Code, in the law about "The Return and the Compensation of the Property" as well as in the law "About the Traders and Trade organizations" in which the right of first refusal is provided as a form of issuing the shares due to the increase or expand of the capital. Quite often, there have been problems and lack of clarity related to the implementation of the right of first refusal or about the distinction in the definition of this right by law. These problems have been topics of discussion in our courts of law and will be at the basis of the analysis of this paper. DOI:10.5901/mjss.2014.v5n20p291

The compulsory execution of judicial decisions like that of executive titles is one of the fundamental human rights and it serves to guarantee a regular procedure. Therefore, the decision of an independent and impartial court is meaningless in the case when no execution of a final judgment has taken place. The execution of the final judgment is an intrinsic element of the right for a regular legal process, in the framework of the article 42 of the Constitution and article 6 of the European Convention on Human Rights. The European Court of Human Rights has reached to the conclusion that if any of the parties refuses to abide by a final judgment, then the process has not finished yet, because when a party has won a case, but the decision is not executed, then his/her right are infringed. Based on the Constitutional Court, it could be derived that the execution of the final judgment is the last phase of a judicial process. Only upon the execution of such judgment one could say that the individual has won the case. A fair trial does not consist only to the process of court's decision-taking, but to the concrete actions taken by the bodies in charge to execute the final judgment. The process of the execution of the final judgment lacks with regard to the compliance with legal procedures, which is an indicator that human rights are broken. Reason to the lack of such compliance could be found to the debtor's lack of cooperation, indifference of state institutions, lack of a complete procedural legislation, lack of knowledge of the law from those in charge of the judicial decision execution, lack of funds which is especially evident in the case of the execution of the Law for the Return and Compensation of Properties and in the inability to afford the penalties placed by the European Court of Human Rights. DOI:10.5901/ajis.2013.v2n8p333