Summary In 1994, Albania codified the current civil code, harmonizing the national legislation wi... more Summary In 1994, Albania codified the current civil code, harmonizing the national legislation with the democratic values of the Western European Countries. This paper fills the gap in the national and international scientific literature since there is no scientific contribution that examines the Albanian law of succession showing the similarities and differences between the Albanian and the Italian civil codes. This is fundamental because according to Article 33 Albanian Private International Law (Albanian Law no. 10 428 of June 2011), which governs cross-border succession law, in the case of immovable goods, the rule of lex rei sitae has been codified. Thus, in the case of immovable goods, the Albanian succession law will be applied to them. In the conclusion, this research demonstrates that the Albanian Law of Succession of 1994 is different in many ways from the rules established in the Italian Civil Code of 1942.
International Journal of Law and Political Sciences, 2014
Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the legal and p... more Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek 'compassionate border work' policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the 'right to life', the 'duty to search and rescue', the prohibition of inhuman or degrading treatment or punishment and the principle of non-refoulement.
Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the leg... more Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek 'compassionate border work' policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the 'right to life', the 'duty to search and rescue', the prohibition of inhuman or degrading treatment or punishment and the principle of <em>non-refoulement</em>.
While in Western European countries, the end-of-life decisions have become a matter of public pol... more While in Western European countries, the end-of-life decisions have become a matter of public policy, this paper provides a detailed analysis of end-of-life decisions in Albania by focusing on instructional medical directives. The manuscript investigates the Albanian legal system, the documents published by the National Ethics Committee and the National Committee of Health, as the two main advisory public bodies on health issues, as well as the national medical jurisprudence and the Code of Medical Ethics. After emphasizing the importance of instructional medical directives and considering the international literature that has underlined the ethical principle of patient autonomy, this paper provides some policy suggestions. In the conclusion, this contribution highlights the importance of ad hoc rules governing instructional medical directives as well as the ethical principles and international literature as an instrument to fill the gap in the national system. In addition, particul...
Western European public policy includes end-of-life situations. Ergo, an in-depth investigation h... more Western European public policy includes end-of-life situations. Ergo, an in-depth investigation here analyzes the Albanian legislature relating to end-of-life decisions by concentrating on the role of legal proxy in end-of-life decisions. This paper explores the Albanian legal system, national medical jurisprudence, with special attention paid to the Code of Medical Ethics. Also included are publications written by the two main advisory public bodies on health issues: the National Ethics Committee and the National Committee of Health. Following a discussion of the fundamental role of a legal proxy in end-of-life decisions, and taking into account the experience of some Western European countries, some policy suggestions become clear. In the conclusion, this paper emphasizes the need for ad hoc legislature to establish the role of legal proxy in end-of-life decisions as well as the utilization of the international framework as a source of guidance to address the shortcomings in the n...
This article analyses new legislation regulating advance directives in Italy. On 14 December 2017... more This article analyses new legislation regulating advance directives in Italy. On 14 December 2017, the Italian Senate passed a Bill regulating end-of-life decisions by codifying patients' rights to self-determination. It is the first law governing advance directives in the Italian legal system. This article studies and critically examines the two types of advance directives through an Italian legal perspective - living wills and nominations of a surrogate. It also applies a legal comparison approach. In its conclusions, this article advances some policy suggestions.
In December 2017, the Italian Parliament approved Law no. 219/2017, which entered into force on 3... more In December 2017, the Italian Parliament approved Law no. 219/2017, which entered into force on 31 January 2018. This vindicates for the first time the rights of capable adults in Italy to create a living will and nominate a surrogate, thus enabling them to cater to their potential future loss of capacity in a manner that more robustly reflects their values, wishes and beliefs and, to that extent, their autonomy. This article will critically explore the position of the new legislation on living wills specifically, locating it within a broader transformation in the direction of patient autonomy. It will compare the law on living wills in a number of other European jurisdictions and the only prior effort to reform Italian law on this issue-the markedly more paternalistic Bill 2350 which was debated in the Italian Parliament in 2009 in one form in 2009 and another in 2011, but failed to pass in either. It will conclude not just by highlighting the overall significance of the changed position on living wills but also considering how some important issues could have been better clarified through the development of detailed Ministry of Health Circulaire of February 2018.
Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political ... more Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political unrest, record high numbers of irregular migrants have been arriving at the EU’s south-eastern external borders, publicly known as the ‘Europe’s refugee crisis’. The most pressurised borders have been those of Greece and Italy. The human smuggler’s ‘organised refugee’ strategy has identified various legal issues resulting from the application of parallel legal frameworks both at regional and at international level. The EU Member States’ policy-making response to human smuggling has created loopholes through conflicting interpretations of the international legal framework on search and rescue and the inconsistent application of human rights law. Hence, this article will argue that although the International Convention on Maritime Search and Rescue (SAR) and the EU Sea Borders Regulation purportedly adopted to set out clear rules on when to initiate search and rescue, have not addressed th...
Summary In 1994, Albania codified the current civil code, harmonizing the national legislation wi... more Summary In 1994, Albania codified the current civil code, harmonizing the national legislation with the democratic values of the Western European Countries. This paper fills the gap in the national and international scientific literature since there is no scientific contribution that examines the Albanian law of succession showing the similarities and differences between the Albanian and the Italian civil codes. This is fundamental because according to Article 33 Albanian Private International Law (Albanian Law no. 10 428 of June 2011), which governs cross-border succession law, in the case of immovable goods, the rule of lex rei sitae has been codified. Thus, in the case of immovable goods, the Albanian succession law will be applied to them. In the conclusion, this research demonstrates that the Albanian Law of Succession of 1994 is different in many ways from the rules established in the Italian Civil Code of 1942.
International Journal of Law and Political Sciences, 2014
Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the legal and p... more Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek 'compassionate border work' policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the 'right to life', the 'duty to search and rescue', the prohibition of inhuman or degrading treatment or punishment and the principle of non-refoulement.
Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the leg... more Since 2011, in the name of 'humanitarianism' and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek 'compassionate border work' policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the 'right to life', the 'duty to search and rescue', the prohibition of inhuman or degrading treatment or punishment and the principle of <em>non-refoulement</em>.
While in Western European countries, the end-of-life decisions have become a matter of public pol... more While in Western European countries, the end-of-life decisions have become a matter of public policy, this paper provides a detailed analysis of end-of-life decisions in Albania by focusing on instructional medical directives. The manuscript investigates the Albanian legal system, the documents published by the National Ethics Committee and the National Committee of Health, as the two main advisory public bodies on health issues, as well as the national medical jurisprudence and the Code of Medical Ethics. After emphasizing the importance of instructional medical directives and considering the international literature that has underlined the ethical principle of patient autonomy, this paper provides some policy suggestions. In the conclusion, this contribution highlights the importance of ad hoc rules governing instructional medical directives as well as the ethical principles and international literature as an instrument to fill the gap in the national system. In addition, particul...
Western European public policy includes end-of-life situations. Ergo, an in-depth investigation h... more Western European public policy includes end-of-life situations. Ergo, an in-depth investigation here analyzes the Albanian legislature relating to end-of-life decisions by concentrating on the role of legal proxy in end-of-life decisions. This paper explores the Albanian legal system, national medical jurisprudence, with special attention paid to the Code of Medical Ethics. Also included are publications written by the two main advisory public bodies on health issues: the National Ethics Committee and the National Committee of Health. Following a discussion of the fundamental role of a legal proxy in end-of-life decisions, and taking into account the experience of some Western European countries, some policy suggestions become clear. In the conclusion, this paper emphasizes the need for ad hoc legislature to establish the role of legal proxy in end-of-life decisions as well as the utilization of the international framework as a source of guidance to address the shortcomings in the n...
This article analyses new legislation regulating advance directives in Italy. On 14 December 2017... more This article analyses new legislation regulating advance directives in Italy. On 14 December 2017, the Italian Senate passed a Bill regulating end-of-life decisions by codifying patients' rights to self-determination. It is the first law governing advance directives in the Italian legal system. This article studies and critically examines the two types of advance directives through an Italian legal perspective - living wills and nominations of a surrogate. It also applies a legal comparison approach. In its conclusions, this article advances some policy suggestions.
In December 2017, the Italian Parliament approved Law no. 219/2017, which entered into force on 3... more In December 2017, the Italian Parliament approved Law no. 219/2017, which entered into force on 31 January 2018. This vindicates for the first time the rights of capable adults in Italy to create a living will and nominate a surrogate, thus enabling them to cater to their potential future loss of capacity in a manner that more robustly reflects their values, wishes and beliefs and, to that extent, their autonomy. This article will critically explore the position of the new legislation on living wills specifically, locating it within a broader transformation in the direction of patient autonomy. It will compare the law on living wills in a number of other European jurisdictions and the only prior effort to reform Italian law on this issue-the markedly more paternalistic Bill 2350 which was debated in the Italian Parliament in 2009 in one form in 2009 and another in 2011, but failed to pass in either. It will conclude not just by highlighting the overall significance of the changed position on living wills but also considering how some important issues could have been better clarified through the development of detailed Ministry of Health Circulaire of February 2018.
Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political ... more Since 2011, due to the Syrian civil war, Libya’s institutional breakdown and Eritrea’s political unrest, record high numbers of irregular migrants have been arriving at the EU’s south-eastern external borders, publicly known as the ‘Europe’s refugee crisis’. The most pressurised borders have been those of Greece and Italy. The human smuggler’s ‘organised refugee’ strategy has identified various legal issues resulting from the application of parallel legal frameworks both at regional and at international level. The EU Member States’ policy-making response to human smuggling has created loopholes through conflicting interpretations of the international legal framework on search and rescue and the inconsistent application of human rights law. Hence, this article will argue that although the International Convention on Maritime Search and Rescue (SAR) and the EU Sea Borders Regulation purportedly adopted to set out clear rules on when to initiate search and rescue, have not addressed th...
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