E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 Teachers Civic Education and Their Methodological Skills Affect Student Engagement in Civic Participation Dr. Lindita Lutaj University "Aleksander Moisiu", Faculty of Education, Department of Pedagogy, Albania Email: [email protected] Doi:10.5901/ajis.2016.v5n3s1p336 Abstract Civic education is important, because the society needs people to contribute in the most effective way. The teacher plays an important role in encouraging pupils to civic actions. The aim of this study is find out the relationship between teachers civic education and their methodological skills in students civic participation. The statistical package of social sciences (SPSS 20) was used for data analysis. Questionnaires were administered to 34 teachers who give social education subject in 6th-9th grade and 414 students of these teachers, in Durres and Elbasan. The factorial analysis of the questionnaire on teachers civic education discovered two important factors: civic responsibility and civic values, while according to teachers’ methodological skills discovered three factors: the quality of the class, learning and student assessment. It was also observed that there is a positive relationship between teachers’ civic education and their methodological skills with students’ civic participation, which it was reported by teachers or perceived by students. There is a significant statistical relationship between teachers civic education and students civic participation: r = .40 (p <0:01), which is stronger than teachers methodological skills and students civic participation: r = .28 (p <0:01). According to the findings of this study should be increased teachers training programs at local and national level. A great importance should be given to civic education in the school curriculum and universities should recognize their responsibilities in preparing future teachers. Keywords: Civic education, methodological skills, civic participation. 1. Introduction The main purpose of education for the democratic civilization is to develop, strengthen and protect the democratic culture of the rights and responsibilities, as the foundation of the efficient voluntary and stable actions of citizens. As such an action, education is closely linked to the acknowledgement and obligation to the common democratic values; to the institutions and the procedures that guarantee their further protection and development. Among others education aims to offer continuous chances in order to obtain, implement and distribute information, values, expressions and proper practices in all formal and informal educative environments. Reports of Birzea, 1996 (Education for Democratic Citizenship, document DECS/CIT, (1996)1, Veldhius, 1997 (document DECS/CIT(1997) 23 and Audigier, 1999. (EUD/CIT (1999) 53, Hahn (1998), in a comparative study of education for the civil rights found that there are statistical changes between the countries according to the teaching traditions and cultural norms. This article explains that methods and civil education programs can not be used without any addoption from one country to another and are expected to function successfully, as each country has its particular conditions. Raising the citizens in the civil levels is achieved by preparing them for a conscious participation and responsibilities in the political and social life. This preparation, mainly based in values and principles of democracy should be understood as being equipped with knowledge, intelectual expressions and phrases of democratic actions (Democratic Civil Education in Albania, pg.21). The active civilization is a important issue in the Lisbone program. The European Commission promoted three main pillars, one of them is “learning for an active citizenship”. In the detailed work program for following the education and training systems in Europe, the European Council has formulated 13 objectives related to the Lisbone program, where the objective 2.3 has to do with “ The support of active citizenship, equal chances and social cohession”. The main mentioned issues in the work program related to the active citizenship are “ To ensure that the education of the democratic values and participation from all is promoted effectively in order to prepare people for active citizenship” (Indicators for Monitoring Active Citizenship and Citizenship Education, 2005, pg. 7). Education for the democratic civilization goes beyond the school boundaries, challenging the separation of between formal and informal education. There should be more objective conclusions in the direction of evaluating the 336 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 http://www.spiegel.de/international/spiegel/the-third-reich-how-close-was-hitler-to-the-a-bomb-a-346293.html, Miller, Marvin and Scheinman, Lawrence, Israel, India, and Pakistan: Engaging the Non-NPT States in the Nonproliferation Regime, Arms Control Association, December 1, 2003, accessed at https://www.armscontrol.org/act/2003_12/MillerandScheinman. Moeed Yusuf, Predicting Proliferation: The History of the Future of Nuclear Weapons, Policy Paper, Number 21, Boston University, January 2009. Richard Cavendish Published in History Today Volume 52 Issue 10 October 2002, http://www.historytoday.com/richard-cavendish/first- british-atomic-bomb-test. The Acheson-Lilienthal & Baruch Plans, 1946. The Baruch Plan, The US Presented Baruch Plan. June 14, 1946, accessed at http://www.history.com/this-day-in-history/the-united- states-presents-the-baruch-plan. US delegation to the 2010 Nuclear Nonproliferation Treaty Review Conference, 2010 NTP, Treaty of the Non-proliferation of Nuclear Weapons, accessible on Google free access. Yusuf, Moeed, Predicting Proliferation: The History of the Future of Nuclear Weapons, Policy Paper, Number 21, Fellow, Frederick S. Pardee Center for the Study of the Longer-Range Future, Boston University, January 2009. 335 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 established a sufficient legal framework to control the spread of nuclear materials and expertise. More than that, the signatories of this Treaty, vowed not to take any action that would increase the number of countries with nuclear weapons.19A signatory of the treaty are 190 member states, including five countries with nuclear weapons.20 Many countries have also ratified. Israel, India and Pakistan have never been a signatory of the Treaty. North Korea, which had acceded to the Treaty in 1985, withdrew from it in 2003.21 Treaty without any changes so far assumes that states that do not possess nuclear weapons, and which are parties to the treaty must not produce or purchase nuclear weapons or other explosive nuclear devices. But for the existing nuclear-armed states, the treaty does not require and does not oblige to submit their nuclear weapons, but recommends them to negotiate between them in good faith to eliminate such weapons. For non-nuclear weapon states (NNWS Non-Nuclear Weapon State) there is no room for negotiation. Consequently, the treaty has created two classes or groups of countries, such as: countries with nuclear weapons and country without nuclear weapons.22 It should be emphasized that as a case today DPRK (North Korea Nuclear Program) and Iran belongs to the second group of states without nuclear weapons. The research question can be arisen in giving clear answer the legal framework of international nuclear security in preventing the spread of nuclear weapons in the North Korea, whether is sufficient or it is a necessary an additional deal creating a free zone of nuclear weapons? The answer it is that a best solution at the moment for all humanity it can be if the negotiations would come to an end by signing the agreement which would establish a Nuclear Free Zone without Nuclear Weapon. 3. Conclusion Scientific thoughts on the meaning and definition of the concept of international security, particularly in nuclear security cannot be understand without elaborating in detail the genesis and effort of many stakeholders toward signing the NPT. Elaboration of the genesis efforts above, it is important for the international legal framework on nuclear safety, because the regulation of the relations in this issue, between the parties and international actors (states, organizations and international agencies and different groups of interest) cannot be understood fully unless can be understood the history of nuclear international security in general. Also the completion of this framework in the sphere of nuclear security as a part of historic deal it is very gapufully understand unless analyzing the actions of stakeholders toward reducing the nukes and signing the NPT. Whatever the concern, the global security is becoming day by day current topic, pushed by the different modalities of the threats to all of human values and the necessity of their protection. References Borger Julian, The truth about Israel's secret nuclear arsenal, The Guardian, Wednesday 15 January 2014 18.18 GMT, accessed at, https://www.theguardian.com/world/2014/jan/15/truth-israels-secret-nuclear-arsenal. Committee on technical issues related to ratification of the comprehensive test ban treaty -Technical issues related to the comprehensive nuclear test ban treaty, National Academy Press Washington, D.C., 2002. Etemikef Laz, The Politics of nuclear non-Proliferation, Cejiss 3-4/2012. FAS (Federation of American Scientists), A Brief History of Pakistan’s Nuclear Program, http://fas.org/nuke/guide/pakistan/nuke. http://midtermpapers.com/essays/peace-is-the-sturdy-child-of-terror-for-me-such-a-peace-is-a-wretched-offspring-a. https://www.ctbto.org/specials/testing-times/13-february-1960-the-first-french-nuclear-test, http://www.history.com/this-day-in-history/china-joins-a-bomb-club. India-Pakistan: Nuclear Weapon Update, The Risk Report, Volume 4 Number 6 (November-December 1998), accessed at http://www.wisconsinproject.org/countries/pakistan/nuke98.html, Klaus Wiegrefe, The Third Reich: How close was the Hitler to A-Bomb? Spiegel online international, Ausgabe 11, 2005, 19 Etemikef, Laz, The Politics of nuclear non-Proliferation, Cejiss 3-4/2012, p. 16. 20 NPT defines a nuclear weapons state, the state, which has manufactured and exploded a nuclear weapon-test or other nuclear device before 1 January 1967. These countries are: China, France, Russia, UK and USA. All other states are states with non-nuclear weapons under the Treaty. 21 Miller, Marvin and Scheinman, Lawrence, Israel, India, and Pakistan: Engaging the Non-NPT States in the Nonproliferation Regime, Arms Control Association, December 1, 2003, accessed at https://www.armscontrol.org/act/2003_12/MillerandScheinman, visited at 08.11.2016.14:35. 22 Etemikef Laz, The Politics of nuclear non-Proliferation, Cejiss 3-4/2012, p.16. 334 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 successfully possess nuclear capability.11 Since the beginning of this nuclear era, the international community continually had tried, to reduce the risks posed by the existence of nuclear weapons proliferation. Furthermore the environmental risks from explosions of nuclear tests in the atmosphere had increased the danger as a result of the competition of nuclear weapons, has triggered various initiatives from the very early design for international legal norms aiming to limit nuclear testing.12 In the framework of this initiative we can distinguish a statement of British Prime Minister Winston Churchill, were according to him, the "Peace is the sturdy child of terror. For me, such a peace is a wretched offspring, a peace that condemns us to live under a dark cloud of perpetual anxiety, a peace that codifies mankind's most murderous instincts. . . The beast (nuclear weapons) must be chained, its soul expunged, its lair laid waste." 13 Contrary to this initiative idea it exist group of thinkers who deal with this issue and believed and still believe today on the deterrence of states by the using of these weapons. They usually assume that such weapons can be controlled by a small number of major responsibility powers. Therefore, this theory presupposes the nuclear monopoly, which underscores the logic of the early non-proliferation, given the permanent members of the Security Council of the UN Security Council (the more powerful chamber of the international community).14 One of the significant effort for nuclear non-proliferation, after the World War II can be considered that beginning of the adoption of the so called Baruch Plan of Truman Administration, where Acheson-Lilienthal’s report(1946) proposed to verify disarmament and eventual destruction of U.S nuclear arsenals (the only nuclear arsenal at that time). Truman's administration felt and believed so “naive" that doing so would reduce international tensions in the future and eliminating the arms race in this area.15 Unilateral disarmament of US never happened, and finally Baruch Plan was abandoned after the Soviet Union soon produced its own WMD. When US President Eisenhower took office, he laid out a program called "Atom for Peace" (1953), which will bring a sort of degree to international transparency in nuclear technology race and who will lead to a general system of safeguards nonproliferation nuclear weapons.16 The "Atom for Peace" was followed by the establishment of the International Atomic Energy Agency (IAEA 1957), which at the beginning was not so serious effort until 1960, in reaching an international agreement on limiting nuclear proliferation. Until the above mentioned process the USSR, France and Great Britain have reached their possession of nuclear weapons. The Eisenhower said the international community had to wait eight years with the threat of spreading tension, while nuclear armed states agreed to halt the spread.17 By analyzing also a statement of US President John F. Kennedy, delivered at a press conference, on 23 March 1963 before signing the NPT, which described a world where up to 1970 may own more than 10, 15 or more than 25 nuclear weapons countries, then there is a "greater potential risk and a game of chance with life on earth." From this declaration can be concluded that at that time he saw more potential that could soon spread the nuclear weapons. Therefore the beginning of the 1960s, efforts to reach a legally binding agreement to prevent the further spread of nuclear weapons, began to intensify, and showing the results. Even the United Nations General Assembly, in 1961, adopted a resolution sponsored by Ireland urging all states to reach an agreement that would ban the purchase and transfer of nuclear weapons further. As well as in 1965, the Geneva Conference on Disarmament began in drafting the treaty on nuclear nonproliferation.18 This consensus between states were regulated and sanctioned by the Non-Proliferation Treaty (NPT), which entered into force in March 1970. Scientists like Richard Kokoski, research SIPRI (Stockholm International Peace Research Institute) for military technology and project control of the weapons, argued that the NPT has 11 Borger Julian, The truth about Israel's secret nuclear arsenal, The Guardian, Wednesday 15 January 2014 18.18 GMT, accessed at, https://www.theguardian.com/world/2014/jan/15/truth-israels-secret-nuclear-arsenal, visited at 08.11.2016. 12 Committee on technical issues related to ratification of the comprehensive test ban treaty -Technical issues related to the comprehensive nuclear test ban treaty, National Academy Press Washington, D.C., 2002, preface, p vii. 13 http://midtermpapers.com/essays/peace-is-the-sturdy-child-of-terror-for-me-such-a-peace-is-a-wretched-offspring-a, visited on 20.07.2016, 23:55. 14 The Baruch Plan, the US Presented Baruch Plan. June 14, 1946, accessed at http://www.history.com/this-day-in-history/the-united- states-presents-the-baruch-plan, visited on 08.11.2016. 15 The Acheson-Lilienthal & Baruch Plans, 1946, accessed at https://history.state.gov/milestones/1945-1952/baruch-plans visited at 18.11.2016, 11:13. 16 Etemikef, Laz, The Politics of nuclear non-Proliferation, Cejiss 3-4/2012, p. 15. 17 Ibid, p. 15-16. 18 US delegation to the 2010 Nuclear Nonproliferation Treaty Review Conference, 2010 NTP, Treaty of the Non-proliferation of Nuclear Weapons, accessible on Google free access. 333 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 World War II will not end with that, and nuclear proliferation will continue further, followed by the United Kingdom in October 1952,4 France,5 and Communist China.6 Also India7 and Pakistan 8 demonstrated their internal nuclear capabilities, although these were not considered applicable to full nuclear rights, while they tested their nuclear weapons ambitions in 1998.9Canadian scholar Ashok Kapur after the India test predicted that trend of proliferation would be increased. He suggested that weaponized would be countries as follow: Israel, Japan, Australia, South Africa, Brazil, South Korea, Taiwan, and Argentina as countries widely perceived as potential nuclear states.10 However, although it remains far unverified, it is assumed that only Israel since 1950 covertly was able forecasting that Russian can produce a bomb in middle of 50s, although the most probable date was still predicted to be mid-1953. The estimate has been made just five day in an August 1949 report disseminated five days before the actual Soviet atomic test. Following the test, American forecasts about the Soviet Union transitioned into examinations of the relative strengths of the two sides. Forecasts regarding the nuclear capability of the two superpowers saw a progressive shift of balance in Moscow’s favor. After the test regarding the nuclear capability of the two superpowers had been made a progressive shift of balance in Moscow’s favor. Some prediction in 1950s, were very shocking for US administration, were some related projections pointed to the probable accelerated modernization of the Soviet nuclear arsenal in an attempt to gain parity with the United States. However, in the early-to-mid 1960s, after the Berlin and Cuban missile crises, U.S. intelligence assumed that the Moscow would abandon its motivation and ambition to gain a substantial advantage over Washington. But another estimation in the late 1960s, and by the year of 1969 National Intelligence Estimate (NIE) stating that the USSR would seek “parity with the U.S.”. This would be reached by soviets not only by incising number of atomic bombs but as well they will be focused on qualitative comparison with American nuclear forces. During the late-1980s, when economic frailties and internal political turmoil had made any talk of Soviet military supremacy redundant, the CIA’s view prevailed in most forecasts. For more visit at Moeed Yusuf, Predicting Proliferation: The History of the Future of Nuclear Weapons, Policy Paper, Number 21, Boston University, January 2009. p. 8-9. 4 British also had developed its own atom bomb to remain a great power and to be independent from United States... After secret meeting committee discussed the question in October 1946, By the time the bomb was ready for testing, the Churchill government was in power. The scientific director was to be Dr. W.G. Penney, the ministry’s chief superintendent of armament research, a nuclear physicist who had worked on the world’s first atomic bomb in America. A combined British and Australian naval force of aircraft carriers, a destroyer, frigates and tank landing ships was assembled for the operation. The bomb was put in an anchored frigate, HMS Pym, and when it exploded at 8am local time on October 3rd thousands of tons of rock, mud and sea-water were blasted into the air. ’For more visit, Richard Cavendish, Published in History Today Volume 52 Issue 10 October 2002, http://www.historytoday.com/richard- cavendish/first-british-atomic-bomb-test, visited on 20.07.2016.18;20. 5 On 13 February 1960, France conducted its first nuclear test, code-named “Gerboise Bleue” (Blue Desert Rat). This atomic bomb comparing with Hiroshima’s bomb around four times more powerful. Subsequent French nuclear testing was conducted at French Polynesian atolls in the South Pacific, site of atmospheric thermonuclear tests, starting with the 2.6 megaton Canopus test in August 1968. For more visit at https://www.ctbto.org/specials/testing-times/13-february-1960-the-first-french-nuclear-test, 20? 07/2016, 18:26. 6 The People’s Republic of China joins the rank of nations with atomic bomb capability, after a successful nuclear test on this day in 1964. China became the fifth member which is coincidence with permanent member of Security Council at the United Nations. The attention to get a nuke in her hands China started at early at 50s For that the U.S. officials were not terribly surprised by the test The Russian experts had helped the China to get the A bomb ,who later after the split would be very concern of it regarding the ideological and strategic issues. This test increased the tensions between the two nations. For more visit on http://www.history.com/this-day-in- history/china-joins-a-bomb-club, 20.07.2016, 18:32. 7 India as well conducted its first nuclear detonation, called by India as a "peaceful nuclear explosion," on 18 May 1974. This test was partially successful. It is reported that the American intelligence community estimated that the actual yield was in the range of 4 to 6 kilotons. High-resolution commercial satellite imagery. Calculated that the radius of substantial area was about 60 meters, and is surrounded by a distinctive perimeter with a radius of roughly 80 meters. For more visit at, FAS (Federation of American Scientists), http://fas.org/nuke/guide/india/nuke/first-pix.htm, visited on 20.07.2016, 18:09. 8 On May 28, 1998, Pakistan stated that it had successfully committed five nuclear tests. This statement also is proven by The Pakistani Atomic Energy Commission who reported that the five nuclear tests conducted which generated a seismic signal of 5.0 on the Richter scale, with a total yield of up to 40 KT (equivalent TNT). On May 30, 1998 Pakistan tested again another nuclear warhead. The tests were conducted at Baluchistan, bringing the total number of claimed tests to six. For more visit on, A Brief History of Pakistan's Nuclear Program, for more visit on FAS (Federation of American Scientists), A Brief History of Pakistan’s Nuclear Program, http://fas.org/nuke/guide/pakistan/nuke/, visited on 20/07/2016, 18:44. 9 India-Pakistan: Nuclear Weapon Update, The Risk Report, Volume 4 Number 6 (November-December 1998), accessed at http://www.wisconsinproject.org/countries/pakistan/nuke98.html, visited at 08.11.2016. 10 Yusuf, Moeed, Predicting Proliferation: The History of the Future of Nuclear Weapons, Policy Paper, Number 21, Fellow, Frederick S. Pardee Center for the Study of the Longer-Range Future, Boston University, January 2009, p.21. 332 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 From the First Nuclear Explosion up to the Signing of Non-Proliferation Treaty of Nuclear Weapons Mentor Lecaj PhD student in the field of International Law, Lecturer in subjects “International Law” and “European Law”, Faculty of Public Administration – AAB College, Pristine Doi:10.5901/ajis.2016.v5n3s1p331 Abstract Since the beginning of this nuclear era, one part of the international pacific community continually had tried, to reduce the risks posed by the existence of nuclear weapons proliferation. The environmental risks from explosions of nuclear tests in the atmosphere had increased the danger as a result of the competition of nuclear weapons triggered various initiatives from the very early design for international legal norms aiming to limit nuclear testing. This work paper tries to, describe, discuss and analyze historical data on political spirit before signing the NPT. More over this article considers and trying to give interpretations to the official political statements and declarations on unpredictable issue for the future, which it might have serious consequences for international security. The findings in this article are that competition of nations in having nukes and increasing their numbers and capabilities are one the main part in chain reaction factor that can bring proliferation in high alert and humankind in greater risk situation Keyword: Historical data, NPT, Peaceful use, Noncompliance activities, Security 1. Introduction This article provides historical data on effort taken by main international stakeholders aiming to reduce the risk from nuclear nonproliferation. As a paper work which aims to give an outlook on genesis of nuclear weapon and official statements from most important official person at that time can be feel the spirit of danger exist and can be occurred in future. Importance of this work is related very closely in raising the awareness of humankind in era we are living. 2. From the First Nuclear Explosion up to the Signing of Non-Proliferation Treaty of Nuclear Weapons United States were the first state to test and opened the doors for Weapons of Mass Destruction (henceforth -WMD).1 The Manhattan Project, it was he who brought the production of nuclear weapons, and which had been used on two Japanese cities, Hiroshima and Nagasaki. These bombings on the one hand helped in ending World War II, while on the other side opened the beginning of a new era in the field of international law and international relations, regarding global security.2 The USSR (Soviet Union) in trying to balance US in opposing in every field of social life (political, economic, military), successfully tested in 1949 its first nuclear weapon.3 The rivalry contest between the main winning countries of 1 It is very interesting to be emphasized that Germans were the first who planned an atomic bomb. Today are some written books, example by historian Rainer Karlsch who states that Germans were the first who tested the three test of atomic bomb, 1944-45. But this theory is not profaning yet. But what is proved is that Germans were the fist who planned to get an atomic bomb. For more visit the Klaus Wiegrefe, The Third Reich: How close was the Hitler to A-Bomb? Spiegel online international, Ausgabe 11, 2005, http://www.spiegel.de/international/spiegel/the-third-reich-how-close-was-hitler-to-the-a-bomb-a-346293.html, visited on 19.08.2016. 14:49. 2 The Baruch Plan, The United States Presents Baruch Plan, June 14, 1946, accessed at http://www.history.com/this-day-in-history/the- united-states-presents-the-baruch-plan, visited at 18.11..2016, 10;45. 3 The race between two superpowers will start during World War II. In both side when we analyses the evidences from today perspective we conclude that they were in panic that is going to dominate whom. The American intelligence were convinced and assumed in August 1946, suggesting that Moscow could produce an atomic device between 1950-1953. But in 1948, they estimated an early date 331 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 impossible to foresee what would be the alternative ground.Lack of information on the alternatives and values compel the former owners to choose between continuing their complaints and receive compensation. The principle of return and compensation for families whose property was confiscated during the Communist era, was added in the Albanian law 1993 because land distribution programs for farmers, villagers and privatization of apartments were being conducted.So laws must resolve claims conflicts between new owners (those who won their rights under the post-privatization legislation of 1991) and the former owners. References Galgano Francesco, “Private Law”, Luarasi University, Tirana 2006. Agency for the Legalization, Urbanization and Integration of Informal Areas, Meeting with the donors 1.Year 2009. Juliana Latifi, Set of lectures, The ownership, UET. Arben Puto, Political Albania (1912-1939). Ardian Nuni, “Lectures of the right of ownership’’ Tirana 2002. History of Albania and the law in Albania, Luarasi, Tirana. Constitution of the Republic of Albania. The 1994 Civil Code. The 1929 Civil Code. 330 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 Following the law sanctions that the land can not be exclusive of the state, as this gives you the land natural and legal persons who exercise the right of ownership or other rights would be recognized in that law.One such right is the right of use. This legal transaction of agricultural land from the state to local natural or legal person is done without compensation.Unlike their foreign domestic entities may be granted only land to use for rent. The law makes a detailed arrangement of transfer of agricultural land to a private entity can be classified as: - Member of the families partakers on agricultural cooperative. - Member of the families residing in the village, but that has not been a member of the agricultural cooperative. - Member of the families living and working in agricultural enterprises. Regarding the right of members of a farming family to be treated with agricultural land under Law 7501 '' For the Land '' and the obligation of the Commission of land in the village and the municipality to address the request of the parties concerned,This kind of relationship has been part of the unifying practice of the United Chambers of the Supreme Court. 3. Property Restitution and Compensation of Former Owners Regulating the issue of property after communism is different from other ownership changes made throughout history.This is comparable with the nationalization of all industries (eg mining) or secular church property.It is comparable only to the process of establishing socialist collective ownershipwhich aimed total liquidation of private property.The return of private property and a market economy in the former socialist countries is an extraordinary historical process.The first law on property restitution and compensation belongs to 1993, its adoption was accompanied by controversy and a great debate both public and legal. The issue was discussed with the debate on the return of farmland that began in 1993 when the original law no. 7698, for the return of property to the former owners.In the framework of the Constitution the new Law no. 9235 dated 29.07.2004 was drafted for property restitution and compensation.The new law, that of 2004, for property restitution and compensation of several problems of the law of 1993.It had the same initial order, restitution and compensation of immovable property expropriated, nationalized or confiscated during November 1944.This law recognizes a wider number of complaints and plaintiffs that the previous law but continues to exclude agricultural lands that are subject to the Law no. 7501.To determine the degree of restitution / compensation court was based on the market value and the other hand to apply this method of evaluation court requires two conditions: • First to show that in determining the suitability of a particular act by a country that had to do with issues of land and property any interference in the exercise of these rights should establish a fair balance between the aim sought to be achieved and the nature of the act. • Second, each pretender for restitution or compensation should have the right to an independent court, impartial that will determine his complaints rapidly and effectively. 4. Conclusions From all panorama presented above, I can say unequivocally about the history of relations on the ownership role of the state in this regard, other problems that have accompanied the processes of control and administration of the territory, Albania constitutes a special occasion.Seeing the drastic measures taken by the regime communist for nationalization total ownership, abrogation of the existing legislation on property, validation of concepts communist on joint property and the administration of the territory, and implement radical reforms aimed expropriation mass of owners worsened in a sensitive way the welfare level of the population and negatively affected the country in the development of Economics.Dismemberment of the communist system in Albania, as in the ideological aspect as well as in the economic, and the transfer of land in the difficult period of transition to a market economy and the consolidation of democracy was accompanied by the birth and development of a series of economic and social phenomena, which related to the demographic movement of people from rural to urban areas.Also rapid developments were happening in the construction sector in Albania but rising fast paced could not be controlled from the legal framework inherited from the communist regime, the legislation in force proved to be insufficient to be applied quickly and effectively to control this important sector that was greatly complicated bringing heavy distortion due to urban development of cities.The phenomenon of informality in construction affects the whole territory of the Republic of Albania with focuses mainly in suburban areas.Continuing delays in resolving the issue of compensation and restitution caused a circular dilemma, prevented the land and property rights in many areas.In one side location and boundaries of state property can not be clearly defined until turned parcels and private plots would be defined.On the other side, until state properties were determined it was 329 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 the contrary.This new popular regime came as a progressive stream to the spirit of communist ideas, which meant that every citizen of the working class would not feel oppressed and inferior by the wealthy class.On the basis of these utopian ideas for the state during the years 1945-1990 would be led by an oligarchy institutionalized individuals whom in Albania not only the welfare, but also the health of citizens, but the dictatorship of the proletariat thus undermining any economic freedom, political and social which were placed before 1939.Thus the state guaranteed the prices, but did not guarantee citizens' needs for accommodation, goods, services and other vital needs2 [V.Duka,History of Albania 1912- 2000]. This was the time when it was removed the right of private ownership and became expropriation of buildings constructed by violating every right of the individual as owner.Expropriations made by the regime were not the same for all categories, as they were made according to a specific plan by the regime itself in order to have everything in control. 1.2 The situation of the property in 1989. In 1989 all Albanian lands were owned by the state. The principle of exclusive state ownership was sanctioned in the Constitution of 19763 [See Constitution of the People's of Albania], this was the final legal action to prohibit any other form of collective rights or private property in land.By the end of the 80s, there was a broad opinion that the economy was in crisis.The causes are found in a series of distorted economic policies, but strict control of land was an important element, especially for the agricultural crisis.Ministry of Agriculture and Food has explained the political and economic origins of the land reform in this way 4 [World Bank,Report of 1992] 1990 agriculture constituted deficiencies in the national economic system.While it constituted 52% of GDP and employed 54% of the total national labor force, the government drew profit from the production of farm but gave back a very small portion as payment and investment. When rural population was growing at 3% per annum; agricultural output grew by only 0.03% as a result of low financemnet and lack of investment. "Legislative change came in 1991, when under conditions of crisis, the parliament adopted the law on the Constitutional principles of 1991, which rejected the Constitution of 1976 and served as the basic law until the drafting of the new constitution of 1998.The law referred to private ownership of land and forced the state to develop economic relations based on market principles. He would force the Parliament and the Government to review the structure of ownership of land and real estate in Albania. 2. Steps Towards Recognizing and Sanctioning Private Property. The Period after 90s The overthrow of the dictatorship and establishing democracy pitted Albanian state and society to a large number of challenges and reforms that had to be overcome.The transition from a system where the government was the sole owner in a system where there is private property demanded not only a legal, economic and institutional reform but demanded that people foremost radically change their concept for the property5 [Juliana Latifi, Set of lectures UET]. One of the key reforms that were undertaken in this period was the adoption of the law the No. 7491 dated 04.1991 '' for major Constitutional provisions '' by means of which was abrogated the 1976 Constitution.In Article 11 of Law no. 7491 is expressed '' subject to the right of ownership are state, legal and physical persons'.All kinds of ownership enjoy equal protection by the state. With the repeal of the 1976 Constitution the state has lost the right to be the sole owner of land in the Republic of Albania.In 1991 the Albanian government started land reform and immovable property relations by improving the existing Civil Code (1981), authorizing transactions ranging market and transfer of agricultural, residential and commercial property in the ownership of citizens and legal persons. 2.1 The first laws for the distribution of land and property privatization. Three new laws adopted in 1991-1992, started programs transfer ownership rights on land and real estate from the state to citizens and legal persons.These laws included a mix of elements defining the relationships of people with the tangible objects of immovable entitlements and land. Some elements were held by the communist period were taken by other European civil codes.Law No. 7501, For the Landauthorized under the allocation and transfer of land to family members of the collective farms in equal parts.Law No.7501 date 19/07/1991 ‘For the Land’’ was the first time that we would sanction the right of the individual to the land. Object of the law is above all land and agricultural land. Article 1 of this law characterizes the land: - Agricultural land - Land occupied by forests, pastures and meadows. - Agricultural land (land not included in the above two points) 328 E-ISSN 2281-4612 Academic Journal of Interdisciplinary Studies Vol 5 No 3 S1 ISSN 2281-3993 MCSER Publishing, Rome-Italy December 2016 Property Rights in Albania: Historical Background and Current Issues Phd. Adrian Leka Faculty of Law, “Luigj Gurakuqi” Universitety Email: [email protected] Doi:10.5901/ajis.2016.v5n3s1p327 Abstract Dismemberment of the communist system in Albania as the ideological aspect as well as in the economic, and the transfer of land in the difficult period of transition to a market economy and the consolidation of democracy was accompanied by the birth and development of a series of economic and social phenomena, which related to the demographic movement of people from rural to urban areas.Similarly, the construction sector experienced rapid development, but fast paced growth could not be controlled by the legal framework inherited from the communist regime.Effective legislation proved to be insufficient to be applied quickly and effectivelyto control this important sector that was excessively complicated by bringing heavy distortion due to urban development of cities.The phenomenon of informality in construction today affects the whole territory of the Republic of Albania and focuses mainly in suburban areas. Immovable property represents in the Republic of Albania today a special interest in relation to social economic and political developments that our country is going through.The right of ownership is accepted by society and the system in which we live because of fundamental importance, acceptance of private property is not done verbally, but it is sanctioned in the most important document of the state, in the Constitution of the Republic of Albania.To put in writing indicates willingness to respect this right, to guarantee the safety and protection.In order to exercise the right of private property in practice, the individual must own a private property recognized as such.Immovable property represents in the Republic of Albania a special interest in relation to social economic and political developments that our country is going through. The right of ownership is accepted by society and the system in which we live.Due to the fundamental importance of the acceptance of private property is not done verbally, but is written in the most important document of the state, in the Constitution. To put in writing indicates willingness to respect this right, to guarantee the safety and protection.In order to exercise the right of private property in practice, the individual must own a private property recognized as such.Our previous system considered all property as common property ie anyone's or everyone's.If private property is not recognized by the Constitution and is not reflected in other laws, its absence allows and encourages theft, misuse of property and creates obstacles for the development of the country. 1. Property along the Existence of the Albanian State. The Period from 1912-1945 After the declaration of independence and the creation of a genuine Albanian state freely and independently for the first time, it was necessary the creation and restructuring of state institutions through the issuance of laws for this purpose.The functioning and organization of the state firstly as a republic and then as a monarchy will be characterized by the revival of the system of law in Albania.So the government of Ismail Qemali although made some changes and legal regulations in some respects, left in force temporarily until the issue of a new law, the laws that existed during the Ottoman occupation where one of these laws which continued to exist was the legal regime of land until 1925 was governed by the law of the land to the year 18561[Dudaj,Tirane 2010].An important step represents the Civil Code of Albanian Kingdom which entered into force on 1 April 1929 and gave a full and difinitive understanding to property and considered it as sacred and inviolable. The basis of this code wasthe limited private ownership of which relied on the right to the enjoyment and possessed items without restrictions, being guaranteed and enshrined by law.These would be the first legal acts that will cast the bases of a progressive legal system.1939 marked the end of a long period where Albanian state ceased to exist as a sovereign state.This year was the end of the first conquest of Italy and then Germany, where this period would disperse and would limit a series of rights of political, social, economic that were born and were strengthened before the invasion of the country. 1.1 The period after 1945. During 1945-1990 the Albanian state set a new regime, previously untried, which was formally advertised as a mode of working class and protecting its interests but in reality from the moment it was set up until its overthrow reality spoke to 327