SOMMARIO: 1. Gli evangelici albanesi a favore della lingua, della cultura, dell’identita e dell’indipendenza - 2. La nuova Costituzione albanese e il ripristino della liberta religiosa - 3. Le trattative per la stipula dell’accordo di cooperazione - 4. I contenuti dell’accordo e i suoi effetti nel rapporto con la legislazione ordinaria a tutela della liberta religiosa - 5. La proiezione dell’efficacia degli accordi nell’area dell’Albania etnica – 6. Gli accordi di cooperazione: un modello esportabile?

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L’Albania apre agli accordi di collaborazione con i “nuovi culti”

Diritto all'istruzione, pluralismo scolastico e libertà religiosa in Italia e in Albania

Le Patriarcat grec orthodoxe : De l’isolement à l’internationalisation de 1923 à nos jours

This research aims at complementing the field of legal studies regarding European
cybersecurity policies. Ensuing from the research question to what extent the existing EU
regulatory framework on cybercrime is contributing to the security of the Union, this study
elaborates on the concepts of cybercrime and cybersecurity to proceed with an analysis of
provisions within and beyond the security paradigm of the European Union. Norms and
instruments within the CSDP, AFSJ and the internal market are assessed in the light of their
contribution to a coherent cybersecurity policy demanded by the Commission in its
Cybersecurity Strategy and conclusions are drawn subsequently. For the purpose of conducting
this research, a systematic and qualitative literature review will be the method of analysis. Data
will be derived mainly from databases of the European Union. The literature comprises
normative texts such as case law, primary law and secondary law as well as policy papers.
Furthermore, scientific and relevant publications on the state of the art will be reviewed. The
EU is stepping up its efforts to protect its cyberspace but is still pursuing a fragmented approach
characterized by uncertainties.

Facing 21st century challenges : an assessment of the EU’s security provisions in the light of increasing cybercrime

The religious symbols exposed in public buildings, such as schools, courtrooms, etc., in recent years animated the debate not only public but also jurisprudential. It turns out that, after centuries of attempts to “purify” states of religious influences, after years of attempts to “purify” public spaces of religious symbols, it seems that the modern state has failed to do so. In this century of globalization, we see a return of the sacred, a clash between different cultures, a "duel" between the different absolute truths that everyone believes they possess. In particular, there is a symbol, representative of all, under which all citizens are subject, regardless of their religious or philosophical conviction, and it is precisely the flag. It turns out that, one in three flags, that is, one third of the flags in the world contain religious symbols, predominantly Christian symbols, followed by Muslim ones and the rest Hindu, Buddhist, Jewish symbols and traditional religions and cults (Theodoru, 2014). The cross and the crescent moon are the most common where the majority of nations recognize themselves. The cross and the crescent are the most common where the majority of nations recognize themselves. The intent of this work is to be able to give a stricto jure answer to a complicated diatribe, analyzing whether the exhibition of religious symbols contained in flags can constitute a justified reason to believe that the principle of neutrality and secularity of the State, the principle of equality and non-discrimination, is violed. Through these principles the freedom of religion of each individual is also guaranteed, also taking into account the negative dimension of the latter. This problem affects many democracies, including European ones, yet the European Union itself aims to build a European identity, an identity in which everyone identifies and recognizes. 
  
Received: 5 September 2022 / Accepted: 20 October 2022 / Published: 5 November 2022

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National Identity between the Principle of the Secular State and Freedom of Religion

The multi religions Albania passed last century from a country where atheism was the constitutional principle in a country where the basic card guarantees not only the freedom of religion but also the freedom from religion. Today, in order of guaranteeing the freedom of belief, the Constitution of Republic of Albania expresses principles which protect the religious freedom, starting from its preamble. Indeed, the preamble has no legal force but stated goals and assists in the interpretation of provisions. The spirit, with which the preamble stated, is that of tolerance and religious coexistence, in a vision where the people are responsible for the future with faith in God or other universal values. This statement reinforces the principle of secularism of the state where the latter appears as the guarantor of religious freedom by knowing in this perspective the beliefs that "sovereign" could have and can develop. In this context, the real guarantee is given to us by Article 24 of the Constitution which expressly guarantees the freedom of conscience and religion, in a perspective where any person has the right to choose if changing or not his religion or belief, so that this article appears not only as a guarantor of freedom of religion but also as a guarantor of freedom from religion. In a context like that of Albania, where for 40 years the religious freedom has been denied, and because of religious beliefs was conducted genocide, cannot be missing in its Constitution this freedom. Today it appears more consolidated than ever, from a vision that guarantees such as the freedom to choose and change religion by manifesting them freely in public or in private life, into a vision that guarantees also negative freedom or atheism. The purpose of this paper is to point out that otherwise than the socialist Constitution of 1976- which provided anti-religious atheism forms  in a context where the faith was determined  by the state, based in a "monotheistic" ideology and realized through policy, which denied any type of faith beyond what the material world of communist ideology had in foundation-  the current one appears, secular and neutral in matters of religious faith by guaranteeing a as consequence the atheist beliefs as well.
 
Received: 21 November 2020 / Accepted: 11 January 2021 / Published: 17 January 2021

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The Impact of the Communist Regime in Albania on Freedom of Religion for Albanians

This paper analyzes the European legal framework on cybercrime. It focuses on the criminal law framework on cybercrime with a mainly European perspective, based in the new modern challenges that have emerged in the form of cyber-crime as criminal groups have taken effectively advantage of technologies. The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention in national capitals. In most countries of the European Union, however, existing laws are likely to be unenforceable against such crimes. This lack of legal protection means that businesses and governments must rely solely on technical measures to protect themselves from cyber- crime, with the introduction of new investigative powers and the facilitation of international cooperation.Cybercrime is a term that is used to refer to a broad range of different activities relating to the misuse of data, computer and information systems, and cyberspace for economic, personal or psychological gain. Policy-makers at the EU and at national levels, academics and law enforcement practitioners have put forward different definitions and systems classifying cybercrime as attacks against information systems, online fraud and scam schemes, identity theft, illicit trading or dissemination of illegal content such as child sexual abuse material. The Union should therefore promote policies and legislation that ensure a very high level of network security and allow faster reactions in the event of cyber disruptions or cyber- attacks. DOI: 10.5901/mjss.2013.v4n9p327

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Cybercrime in the Perspective of the European Legal Framework

Human rights and fundamental freedoms are very important issues in the internal operations of each state. Apart from the United Nations system, to protect these rights exist the system of the Council of Europe, which has its source in two treaties: the European Convention of Human Rights and the European Social Charter. The first document serves as a basis for decisions taken by one of the most important European institutions with the role it plays as a judicial body in disputes between states, even in conflicts between states and individuals. Of course it comes to the European Court of Human Rights. The European Court of Human Rights has its headquarters in Strasbourg since 21 January 1959. Supranational control mechanism it represents the most important human rights and this makes through the European Convention on Human Rights, which is signed in Rome on 4 November 1950 European Convention of Human Rights is one of the oldest instruments international entities dealing with the protection of human rights. Its defense system is the richest source of international jurisprudence with regard to human rights. It is a unique system, which represents the “international custom”, but also a system-referring at the same time. Court respects democracy and the legitimacy of national institutions. It should not replace the national bodies of each country, but should help to protect the rights at the national level. The mechanism that causes the conventions applied by the first court of each state to apply it to domestic law. This principle is very important, because each court expected to include in domestic law any new source of law arising from the Court or the Commission. Since the convention entered into force so far been designed 14 additional protocols. Protocols nr. 1; 4; 6; 7; 12, 13 have expanded the list of rights, protocols no. 2,3,5,8 have modified supervisory mechanism, the protocol was introduced 9 individuals the right to file individual complaints, the Protocol came into force 10 not because it was signed and was replaced with protocol 11, which completely changed the control mechanism. Protocol 13 abolished the death penalty while 14 made a reform protocol review process complaints. DOI: 10.5901/ajis.2016.v5n1p319

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Protocol No. 14 Innovations for the Operation of the European Court of Human Rights

Article 5 of the Universal Declaration of Human Rights 1948 reads “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. This Article is widely regarded as expressing customary international law. Within the United Nations framework, torture and other cruel, inhuman or degrading treatment or punishment are explicitly prohibited under a number of international treaties, which are legally binding on those States which have ratified them. Many treaties establish Committees, known collectively as the treaty bodies, which are mandated to monitor States Parties’ compliance with their obligations under the treaties. They do this by issuing General Comments or Recommendations, which provide detailed interpretation of specific aspects of the treaty. The purpose of this paper is to analyze the definition and the elements required for an act to be classified as torture or other cruel, inhuman or degrading treatment or punishment, applied within the United Nations system, by considering the General Comments and jurisprudence of the treaty bodies, in particular the Human Rights Committee (HRC), which monitors compliance with the International Covenant on Civil and Political Rights (ICCPR), and the Committee against Torture (CAT), which monitors compliance with the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). The paper focuses on States Parties’ obligations under the main treaties, by considering the scope of application of these obligations. DOI: 10.5901/ajis.2013.v2n8p61

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Aldo Shkembi

Papers

The Impact of the Communist Regime in Albania on Freedom of Religion for Albanians

Cybercrime in the Perspective of the European Legal Framework

Protocol No. 14 Innovations for the Operation of the European Court of Human Rights

Prohibition against Torture in International Law: United Nations Treaty Body