There are multiple positive effects of internationalization of Higher Education (HE) on enriching students’ experiences in general and providing opportunities for exchange and development of all segments of university functioning. This paper aims to contribute to determining the role of institutional QA in promotion of the international cooperation in HE by analysing undergraduate students’ perceptions on their international experience and comparing them to their home University. Individual experiences of students from the Southeast European University (SEEU) in North Macedonia, who participated (...) in Erasmus exchange program in the last two academic years (2021/22 and 2022/23), with regard to the main quality assurance (QA) principles and measurements applied at their home University, are being considered. Their academic progress at the international universities is also taken into consideration. The aim is to collect firsthand information from the main stakeholders in the QA process about areas that can be further developed, as well as to position SEEU and self-check where it stands comparing and benchmarking it with some reputable European universities in order to better prepare its students for the international job market. SEEU has one of the most developed QA systems in the wider region, created and constantly being developed based on the international standards and guidelines and the long institutional experience. Thus, the paper also aims to contribute to defining some basic standards of internationalization of QA which would be recommended to the institutions from less developed, ITC (inclusiveness target countries) in order to assist them to place and welcome international students more successfully. (shrink)

This article aims to present the main findings of a small scale project developed with third year students of the Faculty of Law at South East European University regarding assessment of advocacy skills. The author who works as an assistant professor in the Faculty of Law has developed a pilot project aiming to create a new methodology on assessment. Advocacy skills represent the main learning outcome for law students in different universities. Oral assessment in faculties of law has evolved in (...) interesting ways thoroughly described in this article. The aim of this pilot project was to establish an objective and comprehensive methodology of assessment that includes oral presentations of case studies as well as oral assessment in the final exam. The author explains the challenges faced during the development of this pilot project and the creation of assessment rubrics. The author discusses the results of the project and gives an explanation of the way the project was developed and conducted. The conclusions and the recommendations given at the end discuss the importance of development of oral assessment techniques and provide certain insight information regarding the experience of teaching in the Faculty of Law. The author argues that oral assessment should be regarded as a very important asset which needs to be developed further with the aim of providing students the possibility to gain effective advocacy skills during their education. (shrink)

When comparing 100 years ago and today, we always mention the social, economic and political changes that have influenced the emergence and development of the opportunities that we have today, with special emphasis on technological changes. Technology has evolved so fast that it seems that in the blink of an eye something new has just hit the market. Whether we like it or not, technology has become part of us, part of our lives, where we upon spend a great deal (...) of the day with at least one of our technological devices with which we perform many tasks.Nowadays there are limitless possibilities of gathering information, business, shop, and almost anything through the internet.Although it is a very easy to make payments online, it can be quite risky, because not every website offers the security and convenience for purchasing the product we want and we may have doubts whether the money we have paid has gone to the right place and for the specific service, which we have paid for. The Internet has many positive as well as negative aspects, since it also carries great danger because it is much easier to hind behind a false identity and commit illegal acts.Cybercrime presents a new challenge to legal systems, considering that the more individuals use computer, and the Internet, the more the interest of hackers and perpetrators to commit these types of crimes increases. (shrink)

Criminal responsibility refers to a person’s ability to understand his action, behavior at the time a crime is committed, what a person is thinking when he commits a crime or the expected result when a crime is committed. Crime is defined in terms of an act or omission (actus reus) and a mental state (mens rea). In this paper, is presented the general concept of irresponsibility and essentially reduced responsibility as a reason to be exempted from the punishment provided by (...) the Criminal Code. Any perpetrator of a criminal offense who is capable of undertaking any action can be an active subject of a criminal offense, with the fact that regarding their sanctioning by the criminal system is concerned there are some restrictions related to age as well as dividing the perpetrators into responsible and non-responsible ones. For a person to be convicted of a crime, there must be evidence that proves his guilt, and that proves whether the perpetrator was in a regular state of mind or committed the criminal offense due to his irresponsibility. Another important element of this scientific paper is the historical aspects of how irresponsibility has been treated from the customary law to the present day, a huge focus gets also the treatment of the biological-psychological concept on one hand and the treatment of the legal concept on the other hand for this category of people. A criminal defendant who turns out to have been incapacitated at the time he committed a crime may be acquitted because of his incapacity, or he may be sentenced leniently because he was unable to understand the importance of his actions. Legally, the defendant must prove and convince the court that he was not able to understand his actions, or he is not able to distinguish right from wrong, or he must prove that he committed the act in uncontrolled impulses. (shrink)

Justice is not only about punishing the perpetrators but also protecting the rights of their victims. Corruption is not a victimless crime! Therefore, the main intention of this paper is to enlighten that protecting the rights of the victims of corruption is one of the crucial battles in the war against corruption. Wining this battle during the pandemic Covid-19 is grinding but of vital importance at the same time! Corruption has already been a remaining concern in the Republic of Kosovo. (...) Notwithstanding, the situation with the pandemic Covid-19 has made the justice system, and not only, more fragile. Consequently, we are currently living in a perfect environment for corruption acts where the victims of corruption are not acknowledged and sometimes even “garbled” with the victims of Covid-19! It is important more than ever to ensure effective remedies for persons who have suffered from corruption acts including the possibility of compensation for their damage. Indeed, the Republic of Kosovo is not a state party of the Civil Law Convention on Corruption. Yet this convention shall be the guide for establishing such legal avenues while the good practices of the United Kingdom and the French Republic shall be the aim and motivation for this. (shrink)

The purpose of this research is to study and address the relation between the perpetrator and the victim, in particular the way it is regulated in the Republic of Kosovo by comparing it with the regulation in other countries. A long time ago criminal law in its institutes has paid attention only to the perpetrator, trying to guarantee his fundamental rights, it is enough to stop at the institute of presumption of innocence and many other institutes and we can see (...) how importance criminal law and in particular criminal procedure has paid to the perpetrator, and on the other hand the victim has always remained in the shadows. Therefore, today we find it reasonable to address this issue, to find out from which period criminal law and authors of criminal law turn their heads towards the victim, to find out what is the position of the victim in society today, what steps have been taken in legal terms and also special attention will be paid precisely to restorative justice as a key point for the realization of the rights of the victim, the compensation of the damage and the restoration of balance and the establishment of relations in society. And it is quite important that in addition to the relations that perpetrators have with victims, we also try to understand the historical course of restorative justice and this way to make an analysis of the position of the victim and the perpetrator over the decades. (shrink)

Magna Carta Libertatum is one of the few documents that continuously imply thorough discussions about fundamental principles of the law. In 2011, Lord McNelly, Justice Minister of UK at the time, has emphasized the core and everlasting principles that derived from this document: ᠅ that the power of the state is not absolute ᠅ that whoever governs the state must obey the law ᠅ and that whoever governs the state must take account of the views of those who are governed. (...) These are the fundamental principles of any government that strives to be distinguished as democratic, these are the self-evident truths that have been developed in the theory of social contract that established the modern day democracies. It is very common that article 39 of Magna Carta that provides for the right to due process, as well as article 40 that provides for the right to access to justice and justice itself, to be usually analyzed from the point of view of the rights of the person accused of a crime. However, it must be taken into consideration, that failure to guarantee these two very important human rights makes the accused person a victim of abuse of power. This article aims to analyze the relevance of Magna Carta in the rise of the concept of rights of victims of abuse of power. Although it is a concept developed later in history, the clauses of Magna Carta that remain in power can be directly linked to this category of victims. The thirteenth century provides a very important perspective on the position of the victim of crime and can be analyzed in a comparative aspect regarding the Common Law and the Civil Law historical development. The article will briefly explain the evolution of the concept of victims’ rights throughout these eight centuries to the modern times when these rights have become a crucial part of the national legislations of Western Balkan countries. (shrink)

Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th (...) century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty and pardon or clemency, continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions. (shrink)