Papers by Xhemazie Ibraimi
Acta Universitatis Danubius: Juridica, 2020
This paper aims to show the importance of the institution of administrative conflict in the true ... more This paper aims to show the importance of the institution of administrative conflict in the true and qualitative protection of the rights and interests of the parties. The control of the legality of certain administrative acts by the judiciary is an indisputable fact that provides not only objective protection, but also subjective protection of the violated rights and interests of the parties. The parties request protection or intervention of the judiciary for the realization of their rights in various areas such as: denationalization, administrative contracts, concession, electoral process, minor offenses, pension rights, disability insurance, customs rights and tax procedures, property rights (eg privatization of construction land, transformation of construction land), and other rights provided by law. This judicial intervention enables the realization of a right violated by the final administrative act. Given the fact that the basic condition for initiating an administrative cour...
Economies
Education is a crucial factor for sustainable economic growth. Therefore, public expenditures on ... more Education is a crucial factor for sustainable economic growth. Therefore, public expenditures on education are of great interest to both researchers and policy makers. The channels through which education affects economic growth differ according to the level of development of the country. This study aims to measure the impact of public expenditure on education for economic growth in North Macedonia. The data used are secondary data derived from the World Bank Indicators for the period 1917–2020. The econometric model employed in this study is an Instrumental Variable Two-Stage Least Square. The dependent variable in the model is Gross Domestic Product and the independent variables in the model are public expenditures on education, labor force participation rate, gross capital formation, unemployment, industry, wages, employment, information, and communication technology, and the instrumented variable is tertiary enrolment. This study suggests that a one-point increase in public expe...
Journal of Law, Policy and Globalization, 2019
This paper deals with the importance of administrative conflict as a guarantee in the realization... more This paper deals with the importance of administrative conflict as a guarantee in the realization of the rights and interests of citizens in a particular procedure and by a special body not the administrative body but judicial body and judicial procedure.We have also made efforts to provide data on the efficiency of the activities of the administration bodies in the fulfillment and realization of their obligations towards the realization of the citizens rights and interests.Human rights do not stand in the vacuum, their protection mechanisms exist because public administration bodies violate them during their daily administrative / executive activity. This paper analyzes the non-implementation of the constitutionality and legitimacy principle in decision-making by the administration bodies and the use of other mechanisms such as regular and extraordinary legal remedies to fix the illegality and irregularities made by the administration bodies.Through this paper we will use the comparative method of administrative conflict of two legal systems based on the Legislation of the Republic of Macedonia, and based on the legislation of the Kosovo. Other important issues will be addressed such as the use of more extraordinary legal remedies in the judicial administrative procedure under Kosovo legislation and the importance of resolving administrative misdemeanor by the Administrative Court of Macedonia.
Perspectives of Law and Public Administration, 2020
This paper is dedicated to the functioning and importance of independent agencies versus balance ... more This paper is dedicated to the functioning and importance of independent agencies versus balance in the proper functioning of the legal system of the state. Independent institutions are the key element of a functioning democracy. Together with the legislature, the executive and the judiciary they enable a developed system of maintaining balance, increasing accountability and mitigating undue political influence. The challenges that accompany Kosovo's transitional democracy continue to hamper the development of institutions ranging from persistent resource shortages to political interference. The Government and Assembly of Kosovo should lead by example and publicly demonstrate their unwavering support for independent institutions. They must respect their full independence guaranteed by the Constitution and the law. The reasonable legal basis provides reasons for encouragement along with the strong institutional structure that most of the institutions analyzed possess. Otherwise, ...
Journal of Governance and Regulation
The main purpose of this paper is to analyze privatization in Kosovo as a complex legal process o... more The main purpose of this paper is to analyze privatization in Kosovo as a complex legal process of redistribution of social wealth to private individuals or certain enterprises. The privatization process in Kosovo cannot be compared with the privatizations of countries in the region due to its economic and political specifics, as a country with economies in transition and high levels of corruption (Borošak, 2018). To study this phenomenon, we will analyze the data published by the complaints received from the Kosovo Trust Agency (KTA) the decisions of the Special Chamber as well as the judgments of the Special Chamber for human rights. Data analysis concludes on descriptive statistics, analysis of domestic laws, and regulations of the United Nations Interim Administration Mission in Kosovo (UNMIK), reports from the World Bank, processed cases, and Special Chamber court decisions on privatizations. The study concludes that the process of privatization of socially owned property has c...
Journal of Governance and Regulation, 2022
The main purpose of this paper is to analyze privatization in Kosovo as a complex legal process o... more The main purpose of this paper is to analyze privatization in Kosovo as a complex legal process of redistribution of social wealth to private individuals or certain enterprises. The privatization process in Kosovo cannot be compared with the privatizations of countries in the region due to its economic and political specifics, as a country with economies in transition and high levels of corruption (Borošak, 2018). To study this phenomenon, we will analyze the data published by the complaints received from the Kosovo Trust Agency (KTA) the decisions of the Special Chamber as well as the judgments of the Special Chamber for human rights. Data analysis concludes on descriptive statistics, analysis of domestic laws, and regulations of the United Nations Interim Administration Mission in Kosovo (UNMIK), reports from the World Bank, processed cases, and Special Chamber court decisions on privatizations. The study concludes that the process of privatization of socially owned property has c...
Law enforcement is one of the main goals in the construction, development and strengthening of a ... more Law enforcement is one of the main goals in the construction, development and strengthening of a state. The principle of legality presupposes respect, strict and mandatory implementation of the Constitution, laws and other legal acts by all state bodies, institutions and public authorities, officials, NGOs and citizens. The state as a whole through its powers controls the precise and uniform application of the Constitution and other legal acts together with the law. On the basis of these constitutional principles of a state the administration should act as well, in order to fulfill its duties and not to affect and prejudice the rights and interests of citizens. In order for this to be accomplished the administration should not violate the interests and rights of citizens as well as public interest. It is necessary for all stakeholders to respect and implement the fundamental constitutional principles, since all people are prone to make mistakes and violations of the rights of citize...
Journal of Law, Policy and Globalization
The purpose of this paper is to analyze the impact of Covid 19 Pandemic on the general administra... more The purpose of this paper is to analyze the impact of Covid 19 Pandemic on the general administrative judicial activity in the Republic of North Macedonia. Considering that Covid 19 as a global pandemic of global proportions is negatively affecting all spheres of life as well as all the most important state functions and activities, we also consider that this situation is affecting the judicial system of the Republic of North Macedonia. Considering that a large number of judges are out of their workplaces and this situation slows down and complicates the procedure for reviewing court disputes, the decision on the violated rights and interests of citizens remains hostage to a global pandemic. In order to analyze the impact of Covid 19 pandemic on the functioning of the judicial system and in particular on the functioning of the Administrative Court in establishing administrative disputes based on lawsuits, we have compared the time periods of the Administrative Court before the pande...
The activity of administrative bodies includes big numbers of various acts and actions, through w... more The activity of administrative bodies includes big numbers of various acts and actions, through which the will of public administration is formed. The will of public administration bodies, expressed in administrative individual and normative acts, in administrative contracts and real acts, finds its reflection in the Constitution, laws and other provisions of legal character. All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of executive activity is subject to political control of administrative acts through authorities designated for this purpose, as well as internal control and the judicial control. The institution of judicial control of administrative acts and actions appears as very important and widely treated in the legal doctrine. The protection of constitutional and legal rights of private persons is accomplished by subjecting administrative activity both to internal administrative control, as well as to the judicial control in accord...
Journal of Governance and Regulation, 2021
How to cite this paper: Ibraimi, X. (2021). An institutional approach to governance and corruptio... more How to cite this paper: Ibraimi, X. (2021). An institutional approach to governance and corruption in Kosovo [Special issue]. Journal of Governance & Regulation, 10(2),
Journal of Governance and Regulation, 2021
How to cite this paper: Ibraimi, X. (2021). An institutional approach to governance and corruptio... more How to cite this paper: Ibraimi, X. (2021). An institutional approach to governance and corruption in Kosovo [Special issue]. Journal of Governance & Regulation, 10(2),
bartësit e pushtetit dhe forcës nga njëra anë, të përcaktohet roli i njeriut dhe qytetarit jo vet... more bartësit e pushtetit dhe forcës nga njëra anë, të përcaktohet roli i njeriut dhe qytetarit jo vetëm në jetën shoqërore të vendit, por edhe në veprimtarinë e përgjithshme shoqërore nga ana tjetër. 2 Në parim, të drejtat dhe liritë trajtohen si kufijë të cilët pushteti nuk guxon t'i tejkalojë, nëse tenton ta ruaj rolin që i drejtohet nga koncepti kushtetues i shoqërisë 3. Do të thotë të drejtat dhe liritë nuk janë diçka të cilët në bazë të dëshirës së bartësve të pushtetit mund të zgjerohen ose të reduktohen, por janë determinues kryesor i sistemit të një shteti, kornizë e përgjithshme për të kufizuar veprimtarinë e çdo pushteti. 4 Të drejtat dhe liritë e qytetarëve janë kriterium kryesorë për pozitën dhe rolin e qytetarëve në një shoqëri, mekanizëm dhe masë për kufizimin e pushtetit, mekanizëm për të pamundësuar keqpërdorimin dhe arbitraritetin e saj. Ato janë treguesi më i mire për karakterin e raporteve që ekzistojnë në mes shtetit dhe shoqërisë nga njëra anë, si dhe raporteve që ekzistojnë në mes shoqërisë dhe shtetit nga ana tjetër. 5 Aktet e para të cilët paraqiten edhe para Kushtetutave të shkruara për të kufizuar pushtetin absolut të një shteti dhe bartësve të pushtetit politik hasen nëpër deklarata të ndryshme për të drejtat dhe liritë e njeriut, peticione dhe karta. Deklarata e parë për të drejtat dhe liritë e njeriut është: KARTA E MADHE PËR LIRITË, e vitit 1215, pastaj PETICIONI PËR TË DREJTAT, e vitit 1628, 6 si dhe shumë deklarata të tjera. Do ta përmendim edhe DEKLARATËN E NJOHUR FRANCEZE për të drejtat dhe liritë themelore të njeriut dhe qytetarëve e viti 1789. 7 Kushtetuta e RM-së, konceptin e të drejtave dhe lirive të njeriut e bazon mbi konceptin qytetarë liberal dhe demokratrik i cili niset nga parimi i qytetërimit. Qytetërimi me të drejtat dhe liritë si bazë e një shteti është parim që e lidhë shtetin me qytetarët. Si parim gjenerues i demokracisë moderne, koncepti qytetarë-liberal, është i involvuar në rrënjët e Kushtetutës dhe organizimit shtetërorë, për të cilën arsye edhe Kushtetuta e RM-së, në vet fillimin e saj parasheh kapitull të veçantë për të drejtat dhe liritë e njeriut dhe qytetarit, e cila fillon me të drejtat civile (e drejta për jetë, integriteti i personalitetit njerëzorë, e drejta e lirisë, prezumimi për pafajësinë e njeriut, e drejta e mbrojtjes, e drejta e ankesës, e drejta e lëvizjes dhe vendosjes, fshehtësia e letrës dhe llojeve tjera të komunikimit, liria e përcaktimit fetar, e drejta e shtetësisë), 8 vazhdon me të drejtat politike (e drejta e barazisë, liria e të menduarit dhe të shprehurit, liria e fjalës së lirë dhe pjesëmarjes publike, liria e shtypit dhe llojeve tjera të informimit, liria e tubimit dhe tubimeve tjera publike, liria e shoqërimit, e drejta e votimit, e drejta e ankesës dhe peticionit, e drejta e të huajve, e drejta e mbrojtjes së vendit), pastaj të drejtat ekonomike dhe sociale të qytetarëve (e drejta e pronësisë, e drejta e punës, e drejta e sigurimit social, mbrojtja sociale dhe mbrojtja shëndetësore, e drejta e luftëtarëve, invalidëve të luftës dhe anëtarëve të familjes për dëshmorët e rënë, e drejta për vendosje të lirë në lindjen e fëmijëve, e drejta për mjedis të shëndoshë jetësorë, e drejta e shkollimit, liria e 2
ACTA UNIVERSITATIS DANUBIUS, 2020
This paper aims to show the importance of the institution of administrative conflict in the true ... more This paper aims to show the importance of the institution of administrative conflict in the true and qualitative protection of the rights and interests of the parties. The control of the legality of certain administrative acts by the judiciary is an indisputable fact that provides not only objective protection, but also subjective protection of the violated rights and interests of the parties. The parties request protection or intervention of the judiciary for the realization of their rights in various areas such as: denationalization, administrative contracts, concession, electoral process, minor offenses, pension rights, disability insurance, customs rights and tax procedures, property rights (eg privatization of construction land, transformation of construction land), and other rights provided by law. This judicial intervention enables the realization of a right violated by the final administrative act. Given the fact that the basic condition for initiating an administrative court procedure or administrative dispute is the existence of a final administrative act, the path to the realization of that right or correction of the wrong is long and complicated. According to the legal provisions in Kosovo, where judicial protection is not realized by specialized administrative courts such as the Administrative Courts of the countries of the region, the legal protection of the subjectively violated norm passes through several institutions as well: before the second instance institution after a complaint in administrative appeal procedure, before the Basic Court (administrative department), before the Court of Appeals and the Supreme Court as the last instance which acts on the basis of extraordinary legal remedies.. Passing through these institutions complicates the realization of the right of the party and does not guarantee the de facto realization of the legal rights of the parties.. As a rule, always after the end of administrative disputes we do not have a meritorious placement of judicial bodies in full jurisdiction, but the "won" case is returned to the administrative authorities and the administrative procedure begins again! To prove what we said above, we will try to answer the following questions: Does the court decision provide a guarantee for the acquisition of a violated right for the party, or return to administrative reconsideration? How is the principle of compulsory court decision applied? How to strike a balance between the decisions made and their execution?
Perspectives of Law and Public Administration, 2020
This paper is dedicated to the functioning and importance of independent agencies versus balance ... more This paper is dedicated to the functioning and importance of independent agencies versus balance in the proper functioning of the legal system of the state. Independent institutions are the key element of a functioning democracy. Together with the legislature, the executive and the judiciary they enable a developed system of maintaining balance, increasing accountability and mitigating undue political influenc e. The challenges that accompany Kosovo's transitional democracy continue to hamper the development of institutions ranging from persistent resource shortages to political interference. The Government and Assembly of Kosovo should lead by example and publicly demonstrate their unwavering support for independent institutions. They must respect their full independence guaranteed by the Constitution and the law. The reasonable legal basis provides reasons for encouragement along with the strong institutional structure that most of the institutions analyzed possess. Otherwise, if current practices continue, then security institutions will have no motive to cooperate with independent institutions.
Journal of Governance and Regulation, 2022
The main purpose of this paper is to analyze privatization in
Kosovo as a complex legal process ... more The main purpose of this paper is to analyze privatization in
Kosovo as a complex legal process of redistribution of social
wealth to private individuals or certain enterprises.
The privatization process in Kosovo cannot be compared with
the privatizations of countries in the region due to its economic
and political specifics, as a country with economies in transition
and high levels of corruption (Borošak, 2018). To study this
phenomenon, we will analyze the data published by the complaints
received from the Kosovo Trust Agency (KTA) the decisions of
the Special Chamber as well as the judgments of the Special
Chamber for human rights. Data analysis concludes on descriptive
statistics, analysis of domestic laws, and regulations of the United
Nations Interim Administration Mission in Kosovo (UNMIK), reports
from the World Bank, processed cases, and Special Chamber court
decisions on privatizations. The study concludes that the process
of privatization of socially owned property has caused conflicts
between the descendants as property owners before their
confiscation, privatization has further destroyed the country’s
economic development rather than improving the well-being and
lives of its citizens. This paper is of great importance for policy
makers, officials, scholars as the processing, publication of data,
and sanctioning will enable this phenomenon that has become
a new way of enrichment to be stopped and the state to be built for
society and to belong to society.
Journal of Governance and Regulation, 2021
How to cite this paper: Ibraimi, X. (2021). An institutional approach to governance and corruptio... more How to cite this paper: Ibraimi, X. (2021). An institutional approach to governance and corruption in Kosovo [Special issue]. Journal of Governance & Regulation, 10(2),
In administrative theory and practice, there is a dilemma whether public administrators should be... more In administrative theory and practice, there is a dilemma whether public administrators should be chosen based on political criteria, based on professional values confirmed by the job performances or based by the combination of these two principles. The Republic of Macedonia as a country aiming the Integration in the EU, and fulfilling the criteria’s of Copenhagen, should aim at building up a qualitative civil administration comprised of public servants who perform their duties in order to realize the citizen’s rights and interests, regardless their political orientation, politically amorphous, and serving as a good enforcer of law and order. In this sense, main objective of this paper is to analyze the process of Depoliticization of civil servants in Macedonia as one of the main criteria’s toward EU.
Journal of Law, Policy and Globalization
The purpose of this paper is to analyze the impact of Covid 19 Pandemic on the general administra... more The purpose of this paper is to analyze the impact of Covid 19 Pandemic on the general administrative judicial activity in the Republic of North Macedonia. Considering that Covid 19 as a global pandemic of global proportions is negatively affecting all spheres of life as well as all the most important state functions and activities, we also consider that this situation is affecting the judicial system of the Republic of North Macedonia. Considering that a large number of judges are out of their workplaces and this situation slows down and complicates the procedure for reviewing court disputes, the decision on the violated rights and interests of citizens remains hostage to a global pandemic. In order to analyze the impact of Covid 19 pandemic on the functioning of the judicial system and in particular on the functioning of the Administrative Court in establishing administrative disputes based on lawsuits, we have compared the time periods of the Administrative Court before the pandemic and how many of cases which have been decided on the basis of lawsuits (approved, rejected or dismissed lawsuits) in the last 6 months of 2019, and at the time of the pandemic also how the work of this court has functioned during this pandemic in the total number of lawsuits initiated with the total number of cases on which it has been decided or which have been considered by the judges for the period of time from January to April 2020, the time of pandemic. The data used in this paper is taken from the reports published on the portal of the Administrative Court of the Republic of North Macedonia. Key words : Covid-19 pandemic, lawsuits, Administrative Court, Republic of North Macedonia. DOI : 10.7176/JLPG/101-21 Publication date :September 30th 2020
Uploads
Papers by Xhemazie Ibraimi
Kosovo as a complex legal process of redistribution of social
wealth to private individuals or certain enterprises.
The privatization process in Kosovo cannot be compared with
the privatizations of countries in the region due to its economic
and political specifics, as a country with economies in transition
and high levels of corruption (Borošak, 2018). To study this
phenomenon, we will analyze the data published by the complaints
received from the Kosovo Trust Agency (KTA) the decisions of
the Special Chamber as well as the judgments of the Special
Chamber for human rights. Data analysis concludes on descriptive
statistics, analysis of domestic laws, and regulations of the United
Nations Interim Administration Mission in Kosovo (UNMIK), reports
from the World Bank, processed cases, and Special Chamber court
decisions on privatizations. The study concludes that the process
of privatization of socially owned property has caused conflicts
between the descendants as property owners before their
confiscation, privatization has further destroyed the country’s
economic development rather than improving the well-being and
lives of its citizens. This paper is of great importance for policy
makers, officials, scholars as the processing, publication of data,
and sanctioning will enable this phenomenon that has become
a new way of enrichment to be stopped and the state to be built for
society and to belong to society.
Kosovo as a complex legal process of redistribution of social
wealth to private individuals or certain enterprises.
The privatization process in Kosovo cannot be compared with
the privatizations of countries in the region due to its economic
and political specifics, as a country with economies in transition
and high levels of corruption (Borošak, 2018). To study this
phenomenon, we will analyze the data published by the complaints
received from the Kosovo Trust Agency (KTA) the decisions of
the Special Chamber as well as the judgments of the Special
Chamber for human rights. Data analysis concludes on descriptive
statistics, analysis of domestic laws, and regulations of the United
Nations Interim Administration Mission in Kosovo (UNMIK), reports
from the World Bank, processed cases, and Special Chamber court
decisions on privatizations. The study concludes that the process
of privatization of socially owned property has caused conflicts
between the descendants as property owners before their
confiscation, privatization has further destroyed the country’s
economic development rather than improving the well-being and
lives of its citizens. This paper is of great importance for policy
makers, officials, scholars as the processing, publication of data,
and sanctioning will enable this phenomenon that has become
a new way of enrichment to be stopped and the state to be built for
society and to belong to society.