Choice of Law Research Papers (original) (raw)

2025, CUADERNOS DE DERECHO TRANSNACIONAL

CJEU and ECtHR case law generally oblige the EU Member States to recognise a status acquired abroad. This report shows in detail how Austrian law complies with this obligation and how ‘recognition’ is ensured in Austrian practice. Two general observations can be made: First, public policy considerations and the recognition of foreign administrative decisions and certificates (e.g. birth certificate) play an increasingly important role. Second, whereas much attention is paid to the result, namely the (non-)recognition of a status in Austria, methodologically sound arguments and justifications are missing in practice

2025, Michigan Law Review

There is no international bankruptcy law. No question, there are international insolvencies. Transnational firms, just like domestic ones, often cannot generate sufficient revenue to satisfy their debt obligations. Their financial distress creates a situation where assets and claimants are scattered across more than one country. But there is no international law that provides a set of rules for resolving the financial distress of these firms. The absence of any significant free-standing international bankruptcy treaty means that a domestic court confronted with the domestic part of a transnational enterprise has to decide which nation's domestic bankruptcy law will apply to which assets. To the extent that one wants to talk about an "international bankruptcy law," it is nothing more than the question of when, as a matter of domestic law, a court will resolve a dispute according to the law of another country rather than its own nation's bankruptcy law. International bankruptcy law as it currently exists is thus, in reality, domestic bankruptcy law. The challenge for each nation's domestic law in this area is to mediate the tensions that arise because the firm and its creditors are spread across more than one jurisdiction. This question becomes difficult in large measure because each country's domestic bankruptcy laws diverge. Such divergence is not surprising. Bankruptcy laws address a myriad of discrete questions. At a minimum, the bankruptcy laws of each nation must specify who will decide the future deployment of the insolvent firm's assets, who will own these assets after the proceeding ends, and who will run the firm while all these matters are being sorted out. Scholars exploring the best way to address these questions have provided a number of conceptually coherent theories, 1 yet they have not come to a consensus on the "cor-

2025

Kullanımları her geçen gün artan akıllı yardımcıların (Amazon Alexa", "Google Assistant" veya "Apple Siri" gibi) kurduğu sözleşmeler, tüketici ve satıcı veya sağlayıcı arasında kurulan bir mesafeli sözleşmedir. Mesafeli sözleşmelerde tüketiciyi koruma amacıyla getirilen bilgilendirme yükümlülüğü akıllı yardımcılar aracılığıyla kurulan sözleşmelerde de mevcuttur. Ancak bu sözleşmelerde sınırlı bilgilendirme yeterli görülmeli, bilgilendirmenin şekli de bu tip sözleşmeler bakımından yeniden düzenlenmelidir.

2025

Abstract
The globe has become a global village since the onset of globalization. Cross-border transactions have increased in real time as a result of business organizations expanding internationally. Due to the “cross-border” nature of the transactions, agreements and contracts made between commercial organizations sometimes turn nasty and result in disputes that are outside the purview of local law in a given nation. Cross-border commercial conflict resolution requires a distinct kind of competence, particularly when the parties involved are from countries with different legal systems, such as common law and civil law. It is important to emphasize that, as a matter of practice, all agreements made between businesses to further a shared goal often have three covenants: the “governing law,” the “jurisdiction clause,” and the “arbitration clause.” The “governing law” clause specifies which country’s legislation will be applied in the event that business dealings between multinational businesses go awry. The “jurisdiction clause” specifies which nation’s courts will have the “say” on the subject at hand. The “arbitration clause” specifies how disagreements between corporations are to be settled before they are officially brought before a court of law for decision-making. It refers to procedures that fall under the category of “out-of-the-court-settlement-of-disputes,” including mediation, conciliation, and arbitration.
Key words: International Commercial Arbitration, India, Legal Analysis

2025, Journal of Air Law and Commerce

I will send forth My terror before you, and I will throw into panic all the people among whom you come, and I will make all your enemies turn tail before you ... I will drive them out before you little by little, until you have increased... more

2025

This study aims to analyze and characterize P91 steel tubes joints, welded by Flux-Cored Arc Welding (FCAW) shielding gas, before and after double repair operations. We found that double repairs and heat treatments proved beneficial, when... more

2025, VEETHIKA-An International Interdisciplinary Research Journal

The institution of marriage is succumbed to yield many causes giving birth to legal action arising from this single relation called ‘marriage’. From time immemorial people have been interacting across the border and hence there have been marriages between individuals crossing the territorial boundary of country. Every country has its own legal system usually different from the legal system based on distinguish cultural, religious or political identity. In this situation if a dispute out of marriage will arise wherein parties are from different legal systems, the court will have to decide about according to which particular law and legal system such conflicting situation relating to marriage would be adjudicated. Private international law is a path to guide judicial courts encountering such situations and this paper is all about how judges have to exercise jurisdiction and private international law and further according to which set of law/s such matrimonial disputes/causes should be...

2025, Nemzetközi adásvétel és jogegységesítés

The book examines issues related to legal diversity and possible responses in the field of contract law, focusing on three closely related topics. On the one hand, it deals with international private law governing international sales and... more

2025, JITE

How can we bias in a choice of law calculation

2025, International Journal of Market Research

Conjoint choice designs are frequently applied in practice, and often a base alternative is added to the design. When such a 'no-choice' base alternative is present in conjoint choice experiments a constant term should be added to the design ('X'-) matrix with attribute dummies when effects type and/or linear coding is used for the attribute levels. Not including such a constant may result in a much lower model and predictive fit and even biased estimates for the (linear) attributes.

2025

This paper expounds historical developments of party autonomy (or the freedom of choice of law) and analyzes its significance in contemporary private international law throughout various jurisdictions. This study sheds light on the 2015 Hague Principles on Choice of Law in International Commercial Contracts against the background of the interplay between state law and non-state law.

2025, North Carolina Journal of International Law and Commercial Regulation

FAA conditions that allow an award to be annulled including the manifest disregard standard. Id; see 9 U.S.C. § 10(a)(1)-(4). 129 663 F. Supp. 871 (S.D.N.Y. 1987). 130 Id. at 872 (addressing an Italian court decision). 131 Id. at 875. 132 Id 133 487 F.3d 928 (D.C. Cir. 2007), cert. denied, 552 U.S. 1038 (2007). 134 See, e.g., id. 135 Id. at 930. 136 Id 137 Id. at 931. 138 TermoRio, 487 F.3d at 931.

2025, St. John’s Law Review

2025, Journal of Private International Law

the unanimous court said in Zhang 'the conclusion was reached that the application of limitation periods should continue to be governed by the lex loci delicti and, secondly, that 'all questions about the kinds of damage, or amount of damages that may be recovered, would likewise be treated as substantive issues governed by the lex loci delicti (original emphasis). We would reserve for further consideration, as the occasion arises, whether that latter proposition should be applied in cases of foreign tort' (520). 4 It is not clear at this time whether this statute will be amended or repealed once Rome II becomes effective in 2009.

2025, American Journal of Comparative Law

Table of Contents I. INTRODUCTION .

2025, Oxford University Press eBooks

The legislature may choose to adopt such a rule or may expressly provide that the statute commences to run notwithstanding a person's lack of knowledge. 7 Limitations of actions are creatures of stat-1. Markel v. Glassmeyer, 137 Neb. 243, 245-46, 288 N.W. 821, 822 (1939): "The essential attribute of a statute of limitations is that it accords and limits a reasonable time within which a suit may be brought upon causes of action which it affects." 2. Tioga R.R. v. Blossburg & Coming R.R., 87 U.S. (20 Wall.) 137, 150 (1873): "Statutes of limitation are in their nature arbitrary." 3. Markel, 137 Neb. at 246, 288 N.W. at 822: "Limitations are created by statute and derive their authority therefrom." 4. The discovery doctrine is a natural part of statutes of limitation for some causes of action, such as fraud. See Hellman v. Davis, 24 Neb. 793, 802, 40 N.W. 309, 313 (1888) (holding that the statutory period did not begin until the injured party learned facts sufficient to suggest fraud). Although courts did not characterize the theory as a discovery rule, this type of analysis has evolved into the discovery doctrine. The discovery rule has become associated with products liability causes of action only within the last two or three decades as products have become more sophisticated and complex. These changes have increased awareness that there may be a temporal gap between consumption and injury due to latent/progressive diseases. It has also been extended to those cases where the plaintiff knew of the injury but did not know of the causal connection between it and the defendant due to the sophistication and complexity of the product.

2025, Edward Elgar Publishing eBooks

2025, Brill | Nijhoff eBooks

ur conclusion, based on RICO's text and context, [is] that Congress intended the prohibitions in 18 U.S.C. § § 1962(b) and (c) to apply extraterritorially in tandem with the underlying predicates, without regard to the locus of the enterprise."). 11 Id. 12 Id. at 2016. See also id., at 2018 ("the presumption against extraterritoriality must be applied separately to both RICO's substantive prohibitions and its private right of action.").

2025, Social Science Research Network

2025

The Masyumi Party is one of the political parties emerging from the proclamation of Indonesian Independence Day. It was the only party during the early days of independence which was grounded upon Islamic principle. It had been the biggest political party until the early 50s. That position changed, however, after Nahdhatul Ulama left in 1952 and the Masyumi Party became the second largest. The number of its members declined during the transitional period from parliamentary to guided democracy and continued to fall after the special membership of Masyumi was removed in 1959. This party was finally dispersed in 1960. Keywords: Partai Masyumi, demokrasi, NU, Muhammadiyah

2025, European Journal of Law and Economics

Islamic finance litigation is an area of practice which involves application of Shari'ah law, civil legislations, rules of court and the common law. In the year of 2003, the Malaysian judiciary has taken an administrative step to establish a Muamalat Division at the Kuala Lumpur High Court for adjudication of Islamic financial cases. However, this research observes that the jurisdiction of the said Division is limited to certain types of legal proceedings and confined to certain territorial limit. Moreover, the Rules of Court 2012 contain no provisions to regulate Islamic finance litigation proceedings. Hence, this research will attempt to identify and critically analyse the problems and flaws with the Malaysian judicial framework in relation to Islamic finance cases.

2025

Splošni pogodbeni pogoji, ki jih uporabljajo prodajalci, ne glede na to, ali se imenujejo „pogoji“ ali so del pogodbe, ki jo potrošnik dejansko podpiše, morajo biti pošteni. Pogodbeni pogoji morajo biti napisani v enostavnem, razumljivem... more

Splošni pogodbeni pogoji, ki jih uporabljajo prodajalci, ne glede na to, ali se imenujejo „pogoji“ ali so del pogodbe, ki jo potrošnik dejansko podpiše, morajo biti pošteni.
Pogodbeni pogoji morajo biti napisani v enostavnem, razumljivem jeziku. Vse dvoumnosti se razlagajo v potrošnikovo korist.

2025, Australian and New Zealand Maritime Law Journal

The Halcyon Isle remains a landmark case in Admiralty and maritime practice, dividing courts in maritime nations on the choice of law rule to apply when the issue relates to foreign maritime lien recognition and enforcement. The Sam Hawk displayed to a large extent, similar reasoning and nuances akin to the reasoning in the Halcyon Isle. This paper reviews both decisions on a spectrum that spans private international law and local maritime policy and concludes that the problem of foreign maritime lien recognition and enforcement is not a substance and procedure problem but stems from the forum court’s pursuit of other considerations, including policy objectives. Courts no longer need to hide under the facade of the substance/procedure dichotomy to apply the lex fori to determine foreign maritime lien claims. The paper highlights some pertinent issues raised in The Sam Hawk, which contributes to the jurisprudence of maritime lien in private international law.

2025, The Journal of Social and Environmental Management

Purpose: This study aims to show the basis of the judge's application of the rules of international trade law in disputes submitted before it related to an international contract. Methods: The research used general and special methods: dialectical method, methods of analysis and synthesis, and comparative-legal method. Results and discussion: The results showed that national judges you must apply the rules of international trade law directly, even if they do not constitute part of their legal system. This is to promote international trade, and we based this on the principle of the superiority of international rules; It was noted that that approach was in keeping with the modern trend in commercial law conventions, which promoted their application as early as possible to those States which sought to apply such rules to their Disputes. Implications of the research: That the predominant legal view is the direct application of the rules of international trade law, However, we cannot neglect the conflict of laws approach; so that considered a supplementary approach; on the other hand that choosing international trade law as the law to be applied to the contract by the parties' autonomy is a material choice and not a conflict-of-laws choice. Therefore, it is treated as a matter of fact. Originality/value: The value of this paper is shown in the statement of the extent to which the national judge application of international trade law rules automatically to a dispute before him relating to international trade, that mean without reliance on conflict-of-laws rules.

2025, SUSRETI BIBLIOGRAFA

Небојша Цвејић, ”О чувару историје (Библиографија Бошка И. Бојовића: 1987-2020 / Добрило Аранитовић. Нови Сад: Архив Војводине, 2021)”, Сусрети библиографа у спомен на др Георгија Михаиловића (зборник радова) ’22, Народна библиотека ”Др... more

2025, Indiana Law Journal

2025, Maryland Law Review

Virtually Unlimited Discretion .

2025, American Journal of Comparative Law

2024, California Law Review

INCE THE IMPACT of legal positivism on private international law at the end of the nineteenth century engendered or strengthened the national or local approach to the choice of law, conflicts scholars have become interested in describing the conflicts rules actually in force in each jurisdiction. To this end, they have also attempted to bring together and articulate those conflicts rules that might be scattered and half-concealed among the substantive rules constituting the bulk of national statutes and codes. Occasionally, the keenest surveyors came upon some strange specimens: provisions that were undoubtedly substantive in character, yet sported certain appendages that made them look suspiciously like undeveloped conflicts rules. Such provisions were indeed substantive rules, but carried a limitation as to their scope which looked very much like a special rule of conflict of laws. Professor Nussbaum calls such dispositions "spacially conditioned internal rules," ' because they are applicable to the factual situations they prima facie govern only if the facts are related to a given country by some connection stated or implied by the rules themselves or specifically established for them-connections very similar to those used by the usual conflicts rules. An example fashioned by Franz Kahn 2 is a special statute of limitations for debts, the payment of which should be effected abroad. Here the foreign locus solutionis is a condition of the applicability of that particular statutory rule: It limits the type of debts to which the rule applies, the social phenomena it controls. Moreover, the place of payment may well be a connecting factor in a current rule of private international law on contracts. The primary function of a national system of conflicts rules is generally considered to be that of defining the field of application of the local substantive rules. It is easy to infer therefrom that the restrictions explicitly or implicitly placed on the applicability of a substantive rule by the rule itself or by an additional provision ad hoc, amount to the formulation of an apposite conflicts rule: a special one, "made to measure" for that individual substantive provision. However, if this inference is made, the opponents of renvoi-or, from the viewpoint of positive law, those

2024, California Law Review

2024, Netherlands International Law Review

2024

Choice of Law Rules in Relation to The Formalities of Marriage 2-Characterisation question 23 3-Matter of parental consent (i)-Criteria for classifying parental consent C-Forms of performing marriage 1-Civil ceremony 2-Religious ceremony 3-Optional system 4-Proxy marriage Section Two: Application of Locus Regit ActulIl Rule 42 A-Nature of the lex loci celebrationis 42 B-Marriages celebrated within the forum 48 C-Marriages celebrated abroad D-Time element: Do changes in the Lex Loci celebrationis after solemnisation affect the marriage validity Section Three: Exceptions to The Lex Loci Celebrationis A-Formal validity of consular marriages 1-The formalities required for the celebration of consular mamages 2-The authority of diplomatic and consular officers 3-The status of consular marriages B-Service marriages C-Where the local form is impossible Notes to Chapter One Chapter Two Essential Validity of Marriage in Conflict of Laws Section Three: Determination of The Substantive Requirements of Marriage A-Age of marriage requirement 184 B-Consent of the parties C-Parental consent D-The prohibited degrees of relationships 194 E-Prior subsisting marriage 1-The existence of a prior union recognised by the relevant foreign law, but denied by the law of the forum 2-The existence of a prior union recognised by the forum, but denied by the relevant foreign law 3-Prohibitions against remarriage after divorce Notes to Chapter Two Chapter Three Nullity of Marriage in The Conflict of Laws I My wife, Geraldine, deserves special thanks for her tolerance and support throughout the time it took to finish this thesis. Last, but foremost, lowe the greatest debt of all to my parents, for their unconditional love and never-failing understanding.

2024, University of Miami Inter-American law review

2024, Vanderbilt Law Review

2024, CUADERNOS DE DERECHO TRANSNACIONAL

Resumen: De entre las aportaciones del Reglamento 650/2012, relativo a las sucesiones transfronterizas, sobresale la introducción de la elección de la ley sucesoria por parte del causante. Para justificar la institución y su inclusión en el instrumento europeo es fácil imaginar una suerte de correlación natural entre la libertar de testar existente en Derecho civil y la posibilidad de designar la ley aplicable propia de las herencias internacionales. Con todo, la doctrina prefiere invocar la seguridad y previsibilidad que la professio iuris proporciona en la planificación de la sucesión. No es ésta, sin embargo, la línea que está siguiendo la jurisprudencia registral española, pues, en sus resoluciones, se ha basado más en la libertad de testar que en la seguridad jurídica.Palabras clave: sucesión mortis causa, libertad de testar, sucesiones internacionales, elección de la ley sucesoria, elección tácita, seguridad jurídica.: Among the features of Regulation 650/2012, on cross-bord...

2024

Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non‑contractual obligations (the Rome II Regulation) defines the conflict‑of‑law rules applicable to non‑contractual obligations in civil and commercial matters. It has been in force since 11 January 2009. Article 30 of the Regulation foresees an evaluation report on its application. The European Commission already asked the Polish Ministry of Justice for an input via a Questionnaire issued in 2012 (see M. Pazdan, M. Jagielska, W. Kurowski, M. Świerczyński, M.‑A. Zachariasiewicz, M. Zachariasiewicz, Ł. Żarnowiec: Materials: The Response to Commission’s Questionnaire to the Member States Regarding the Application of the Regulation 864/2007 on the Law. „Problemy Prawa Prywatnego Międzynarodowego” 2013, vol. 12, p. 165—197). At that stage — it was not yet possible to present a developed picture of our courts’ approach to the Regulation as no extensive case‑law was availabl...

2024, Louisiana Law Review

This symposium will explore the issues surrounding the enactment and early enforcement of the Civil Rights Act of 1991.' The first article, by Glen D. Nager and Julia M. Broas, discusses the key enforcement issues that have already arisen under the Act. The next two articles discuss the two issues which principally earned the legislation the label "quota bill": C. Boyden Gray analyzes its treatment of so-called disparate impact claims, and Professor John 0. McGinnis explores the ways the legislation seeks to limit challenges to racial preferences. The last two articles deal with less widely-known but still very important provisions of the statute. R. Gaull Silberman focuses on alternative dispute resolution, which is likely to become increasingly important in response to the greater litigation spawned by the Act's other provisions. Professor Nelson Lund discusses the coverage of the federal government-especially Congress-as an employer; his article is especially valuable for its "public choice" insights into the kind of civil rights legislation that was, and in the future is likely to be, enacted. The symposium's epilogue makes some broader observations about the future of civil rights issues in this country. The purpose of this introduction is twofold: to offer a peek at what the other authors say in their respective chapters, and to weave that into a history of the legislation's enactment.

2024, Louisiana Law Review

2024, SSRN Electronic Journal

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally relevant statements are made in the form of soft law, while many so-called hard law obligations are rather soft. A comparison between the Sustainable Development Goals (SDGs) and the Paris Agreement on climate change, both adopted in the second half of 2015, is used to illustrate these points. It is argued that in the development of international law can be better understood by placing legal statements on a continuum from weak to strong legal pronunciations instead of using the binary approach that distinguishes between hard and soft law and that qualifies soft law as non-law.

2024, Revista de derecho UNED

El peso demográfico de la población musulmana en el mundo, unido al crecimiento económico de algunos países del Golfo Pérsico, han contribuido a que el derecho financiero islámico represente, en la actualidad, una práctica jurídica cada vez más implantada en países de África, Oriente Medio, Sudeste Asiático yen menor medida-Europa y Norteamérica. En este trabajo nos proponemos delimitar la naturaleza del derecho financiero islámico y examinar las dificultades que se derivan de la sumisión a la sharía de un contrato de financiación así como de la determinación de la ley aplicable en defecto de pacto de sumisión válido conforme al Reglamento Roma I, prestando especial atención al esquema de financiación denominado murabaha. Finalmente, nos proponemos demostrar que el auge de las finanzas islámicas, tal y como se entienden en la actualidad, ha terminado por generar-paradójicamente-un fenómeno de huida del derecho financiero islámico, de modo que éste sea percibido cada vez menos como «ley aplicable» y más como «riesgo» del contrato.

2024

El peso demográfico de la población musulmana en el mundo, unido al crecimiento económico de algunos países del Golfo Pérsico ha contribuido a que el derecho financiero islámico represente en la actualidad una práctica jurídica cada vez más implantada en países de África, Oriente Medio, Sudeste Asiático y-aunque en menor medida-Europa y Norteamérica. En este trabajo nos proponemos examinar las

2024, Thēmis

El objetivo de este artículo es evaluar las preferencias de las partes que participan en transacciones comerciales latinoamericanas cuando eligen el derecho que ha de regir sus contratos. Para ese propósito, los autores han conducido un análisis empírico de datos que pudieron ser obtenidos de instituciones de arbitraje activas en Latinoamérica, enfocado en los años 2011 y 2012. Asimismo ofrecen algunas reflexiones sobre los resultados y evalúan si pueden ser explicados por la visión territorial de los conflictos de leyes en Latinoamérica, la importancia de Estados Unidos como socio comercial de los países latinoamericanos y el grado de presencia de abogados angloamericanos en los mercados latinoamericanos.

2024, Northwestern journal of international law and business

I. INTRODUCTION Parties to international business transactions may freely choose the law governing their contract. Particularly in the context of international commercial arbitration, parties' freedom of choice is not limited by a requirement that the chosen law be connected to the transaction or, for that matter, to the parties themselves. 1 As a result, sophisticated parties are free to choose a contract law that best fits their needs, irrespective of its connection to the particular transaction. Accordingly, more attractive laws might frequently be chosen, bringing additional business to the lawyers trained in that particular law. Such success might also create an international market for contracts in which lawyers and states could opt to compete. In recent years, some national lawyers' associations have competed for international contracts through marketing materials that promote their contract law. The Law Society for England and Wales initiated the practice when, in 2007, it issued a brochure promoting England and Wales as the Jurisdiction of Choice. 2 In 2008, the German federal Ministry of Justice, in conjunction with the German legal professions, published a similar brochure praising German law in general and German contract law in particular. 3 These marketing efforts demonstrate that elites in at least some jurisdictions believe that there is an international market for contracts in which it is worth competing. In 2009, Geoffrey Miller and Theodore published the results of an empirical study of U.S. domestic contracts that involved publicly held companies. This study revealed a robust market for large commercial contracts in the United States dominated by New York. 4 Is there a comparable market for international contracts? Do international commercial parties provide for laws other than their own? This Article offers an empirical study of more than 4,400 1 See infra notes 13-14 and accompanying text. The same freedom is less common in the context of international litigation. For instance, it exists in the European Union.

2024, Potchefstroom Electronic Law Journal

This article examines the various regional and supranational organisations of emerging countries that could benefit from a codification of private international law rules. They include the Organisation for the Harmonisation of Business Law in Africa (OHADA), the African Union (AU) and the Association of Southeast Asian Nations (ASEAN). In addition, the article analyses the envisaged instruments that may be especially relevant in the context of the abovementioned organisations. These include the Preliminary Draft Uniform Act on the Law of Obligations in the OHADA Region, the proposed African Principles on the Law Applicable to International Commercial Contracts and the Asian Principles of Private International Law. More specifically, the article focusses on the provisions regarding the determination of the law applicable, particularly those rules relating to a tacit choice of law in international commercial contracts.

2024, Lexonomica

This paper aims to critically analyse the formal and substantive validity of choice of court agreements in favour of Albanian courts. The provisions of the Albanian Private International Law and their implementation by Albanian courts are in the focus. However, considering that the Albanian Private International Law provisions are approximated with the EU acquis communautaire and since the provisions on choice of courts agreements are drafted in terms that are fully compatible with the Council Regulation 44/2001 of December 22, 2000 "On Jurisdiction, Recognition and Implementation of Judicial Decisions in Civil Matters and Trade" (Brussels I Regulation), the interpretation of the Albanian law provisions is also done in the light of the case law of the Court of Justice of the European Union. After a thorough analysis of the Albanian Private International Law provisions concerning choice of court agreements and of the Albanian case law, the paper concludes that they are not always interpreted and applied correctly and that the rich case law of the Court of Justice of the European Union can provide valuable guidance.