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Family law matters in a European dimension - A comparative perspective between Brussels II bis Regulation and the new Albanian Act on private international law.

100%
Qarri E.
Academicus. International Scientific Journal
|
2014
|
issue 09
159-171
EN
This paper aims to analyze to the regulation of the family matters in the EU “acquiss communautaire” regarding marriage, dissolution of marriage, marital property regimes and parental responsibility. The European Union law of these recent years has shown some increasing trend of intervening in the regulation of family relationships. Community acts in the area of family law are the acts for the recognition of the foreign judicial decisions and for the jurisdiction criteria as well as finally the uniform conflict rules, but no material acts. Thus, this is about rules which exclusively regulate only the international cross-border family matters, leaving unregulated the core of the family matters. The regulation of these cases aims to create, maintain and develop a common area of freedom, security and justice, with a view to the well functioning of the common European market. In accordance with the power provided by the EU Treaty, the European Commission has adopted the Regulations Brussels II bis and Rome III. Also the paper will focus in the study of the institute of marriage and parental responsibilities in the cases of marriages with foreign elements, seen in the framework of the new Albanian Act “On private international law” compared to the previous law and compared with the EU regulations Brussels II bis and Roma III.
2
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A  treatise for international administrative law:

86%
Handrlica J.
The Lawyer Quarterly
|
2020
|
vol. 10
|
issue 4
462-475
EN
This article argues, international administrative law represents a special (sub)discipline, which governs relations with certain foreign element. While having some similarities with both international public law and international private law, international administrative law represents an integral part of (municipal) administrative law. This article aims to provide for a theoretical outline of this special, but half-forgotten (sub)discipline of administrative law. In order to do so, international administrative law is being delimited both vis-á-vis international public law and international private law and subsequently, outline of the structure of international administrative law is being presented. In this concern, this article argues, that despite tendencies to internationalisation, international administrative law still represents a national project, being characterised by certain degree of isolationism and autonomy.
3
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A treatise for international administrative law

86%
Handrlica J.
The Lawyer Quarterly
|
2021
|
vol. 11
|
issue 1
178-191
EN
International administrative law represents a special (sub)discipline of administrative law, governing administrative relations with certain foreign element by a set of delimiting norms. The aim of these delimiting norms is to address those situations, where a foreign element (e.g. foreign acts, persons having immunities under international public law etc.) appears in the relations of administrative law. In this respect, several thorny issues may appear. This article aims to address three of them. Firstly, the question of applicable law will be analysed with respect to relations, where a foreign element appears. Secondly, the qualification problem with respect to foreign administrative acts will be addressed. And thirdly, the article will tackle the issue of extraterritorial extensions of competences of domestic authorities abroad and will deal with the issue of applicable law in these situations.
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