|
Academic staff member responsible for the design of the course syllabus
(name, surname, academic title/scientific degree, email address and signature)
|
NA
|
|
Main Course Lecturer (name, surname, academic title/scientific degree, email address
and signature) and Office Hours:
|
Dr. Heliona Miço hmico@epoka.edu.al
, Tuesday 14.30-16.30
|
|
Second Course Lecturer(s) (name, surname, academic title/scientific degree, email
address and signature) and Office Hours:
|
NA
|
| Teaching Assistant(s) and Office Hours: |
NA
|
| Language: |
English
|
| Compulsory/Elective: |
Compulsory
|
| Study program: (the study for which this course is offered) |
Bachelor in Banking and Finance (3 years)
|
| Classroom and Meeting Time: |
Tuesday 11.40-14.30
|
| Code of Ethics: |
Code of Ethics of EPOKA University
Regulation of EPOKA University "On Student Discipline"
|
| Attendance Requirement: |
75%
|
| Course Description: |
The course will focus on the study of the laws, on the formation and the development of the state and the right, the social laws that determine the specific properties, characteristics and features of the state and the right, as well as their mutual influence.
Studying the state and the right closely, this course addresses a number of their fundamental problems such as the origin of the state and the right, their social content, historical types of state and the right, their specific forms in the life of the society, principles of separation and unity of power, state bodies and their organization, sources of law, elements of the legal norm, interpretations of the legal norm, etc.
|
| Course Objectives: |
The main objective of this course is to stimulate a broad understanding of public law and the dynamic processes underpinning the creation, evolution, and development of norms and instruments in this field. In addition to questions of constitutional law, the course introduces students to aspects of international law, administrative law, and other related topics.
This course aims to provide students with: 1. the principles of state functioning; 2. the sources of the state and the right. 3. The main state institutions and their functions. 4. The characteristics of different countries and the way they operate.
|
|
BASIC CONCEPTS OF THE COURSE
|
| 1 |
What is Public Law? Public law can be defined as the set of legal norms pertaining to the status (position) of the state and the government as well as the norms regulating the relationship between the governors and the citizens.
|
| 2 |
What are Public Law norms? Public law norms are general norms that apply to an abstractly defined category of citizens.
|
| 3 |
What does legislation mean? Legislation is a way to create new rules and to modify or derogate existing ones. The products of legislation have different names, such as “statute,” “act,” “decree,” “bylaw,” and many more.
|
| 4 |
Geopolitics: a particular geographic factor determinant for a given country
|
| 5 |
State: an organization of political character
|
| 6 |
What is sovereignty? Sovereignty is the independence of the state power of one state from the power of any other state, and it is expressed by the right of the state to freely choose its own internal and external affairs, without violating the rights and norms of other states and international law.
|
| 7 |
What is the Parliament? The Parliament is the legislative body of the state as well as the main political body.
|
| Week |
Topics |
| 1 |
Definition and content of public law. The object of the course. The separation of public law from the private law of its relation to other subjects. Origin of the state and the right. Different theories about the origins of the state and the right. The difference between public law and private law; various theories on the origin of the state and law. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 3-33) |
| 2 |
The difference between society and the state. The state as a political organization and the state in the political-geographical sense. Content of the state. Other theories about state composition. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 34-50) |
| 3 |
State power and sovereignty as its main characteristics. Elements of sovereignty. The holder of sovereignty. The concept of people, population, and nationality. Understanding the territory of the state. Analysis of the function of the state. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 50-80) |
| 4 |
Analysis of the type of state. The analyses of the essence, content, and form of the state. Slave-owning, feudal, bourgeois and socialist states. Forms of state power; The political regime. The form of state organization. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 80-100) |
| 5 |
The relation between form and content of the state; The form of state power, legislative, executive, and judicial power. The principle of separation of powers; The principle of power unity. Political organization of society; The structure of the state and its main organs. Subject and territorial competencies. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 100-131) |
| 6 |
The analysis of the main state organs in Albania. Legislative body. The head of the state. The government. Administrative apparatus. Armed forces. The organs of justice. Electoral system, general analysis of the Albanian system. Political parties, religious institutions, trade unions, and other social organizations. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 131-160) |
| 7 |
Understanding the right, its content. The meaning of the right. The right and economics. The right and politics. The right and morality. The right and legal conscience. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 160-182) |
| 8 |
Midterm exam |
| 9 |
What is Law? Some characteristics of Law. Law and morality, the difference between them. The legal norm and its elements. Violation of the right. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 183-197) Jaap Hage, Bram Akkermans. (2014). Introduction to Law. Springer International Publishing Switzerland p. 1-7) |
| 10 |
The Constitution as the supreme legal act of the state. The meaning and the importance of the Constitution; Types of Constitutions; The structure of the Constitution; The approval & the amendments of the Constitution. (Luan Omari, Aurela Anastasi (2017) E drejta Kushtetuese, ribotim i përditësuar, Shtëpia botuese, Dajti 2000, p.22-42) |
| 11 |
Sources in different legal systems, The main contemporary legal systems. The concept of the sources of law; Legislation (primary and secondary). Decrees of the President of the Republic and acts of the administrative and local government organs. Court decisions as a source of law; (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 281-311) Jaap Hage, Bram Akkermans. (2014). Introduction to Law. Springer International Publishing Switzerland p.23-35) |
| 12 |
Custom as a source of law; Judicial precedent; The precedent in Albanian legislation; The difference between the custom and the general rule of conduct. Agreement as a source of law; Codification of law; Legal relationships, its elements. Legal facts. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 311-323) |
| 13 |
Legal relationship; Subject, Object of law, The rights (legal title), The obligations; Enforcement of law; The concept of law enforcement; The operation of the legal norm in time and space. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 323-341) Jaap Hage, Bram Akkermans. (2014). Introduction to Law. Springer International Publishing Switzerland (p.42-49) |
| 14 |
The interpretation of the law, its types, and manners. interpretation of law according to the body which interprets the law. Interpretation of law according to the methods used in interpretation. Law enforcement by analogy. The concept of the legal system, the principles of its construction. (Luan Omari (2012) Parime dhe Institucione të së Drejtës Publike, Elena.Gjika p. 341-360) |
| Prerequisite(s): |
No
|
|
Textbook(s):
|
1- Lecture notes of the instructor, 2023;
2- Luan Omari. (2018). Parime dhe Institucione të së Drejtës Publike, Shtëpia botuese “Elena Gjika”, ISBN: 9789928181619
3- Constitution of the Republic of Albania (English version) last amended in 2016 by law 76/2016, dated 22.07.2016;
4- Jaap Hage, Bram Akkermans. (2014). Introduction to Law. Springer International Publishing Switzerland;
5- Luan Omari, Aurela Anastasi. (2017). E drejta Kushtetuese, ribotim i përditësuar. Shtëpia botuese, Dajti 2000
|
|
Additional Literature:
|
1- René Brouwer. The Study of Law as an Academic Discipline. Utrecht Law Review, Retrieved from www.utrechtlawreview.org |Volume 13, Issue 3, 2017 |http://doi.org/10.18352/ulr.405
2- Luan Omari (2002) Shteti i së Drejtës, Elena Gjika, Tiranë.
3- Zhan-Zhak Ruso (1998) Kontrata sociale, Shtëpia Botuese Luarasi, Tiranë
4- Manmeet Singh. Theory of Relationship between Law and Morality. ISBN No: 978-81-928510-1-3
5- Professor R.N. Gilchest. “The origin of the state”, Principle of Political Science 1957, page No.48
6- An Introduction to Law, PHIL HARRIS 2d edition, Cambridge University Press and “Introduction to law” BETH-WALSTON-DUNHAM, West legal studies, Thomson Press; Introduction to Law and the Legal System, FRANK AUGUST SCHUBERT, Wadsworth, Boston 2012.
|
| Laboratory Work: |
No
|
| Computer Usage: |
Yes
|
| Others: |
No
|
| No |
Program Competencies |
Cont. |
| Bachelor in Banking and Finance (3 years) Program |
| 1 |
The students gain the ability to look at the problems of daily life from a broader perspective with an increased awareness of the importance of moral/ethical considerations and professional integrity in the workplace. |
4 |
| 2 |
They develop their knowledge and understanding of banking and finance including concepts, theories, and analytical tools that serve both in national and international markets. |
3 |
| 3 |
They gain an understanding of the role of financial management in business firms and the essentials of corporate finance and further develop their knowledge in the field. |
3 |
| 4 |
They are able to apply valuation models to estimate the price of different financial assets, measure risk and describe the risk-return tradeoff. |
2 |
| 5 |
They are provided with the knowledge and understanding of the regulatory framework and functioning of banking system and central banking as well as international banking system. |
2 |
| 6 |
They are able to understand and use fundamental economic theories and tools to solve economic problems in banking and financial services industry. |
4 |
| 7 |
They have the ability to develop and utilize accounting, financial and economic data as well as other information to solve different business problems by making use of basic mathematical and statistical models. |
2 |
| 8 |
They are expected to develop their numerical and IT skills as well as knowledge of databases in order to address the significant development in the delivery and use of financial services known as FinTech. |
3 |
| 9 |
They develop their ability to think critically, do research, analyze, interpret, draw independent conclusions, and communicate effectively, both individually and as part of a team. |
4 |
| 10 |
They are provided with opportunities to acquire the necessary skills and competencies to develop professionalism in the banking and financial services industry or to move on to further study within the discipline. |
3 |
