thesis - kolegji aab study analyses the peculiarities of legal ... extracted from the official texts...

Thesis, no.1, 2015 1

Thesis International Research Review

No.1, 2015

Pasqyra e lëndës

Aida Alla

39 Legal language: Stylistic analysis of “Convention on Cluster

Munitions”

Vjosa Jonuzi – Shala

55 The impact of foreign expressions in Criminal Code and Criminal

Procedure Code of the Republic of Kosovo

Teuta Agaj

67 Mistakes that students of English Language make in using adverbial

clauses of time

Ramadan Çipuri

75 Reasons of self-censorship landscape for journalists

Donik Sallova

93 The issue of Kosovar identity

Albert Baraku

107 Transformation of ownership – privatization in Gjakova

municipality

Period 1990 – 1999

Baki Rexhepi

127 Small family business - guarantor of economic and social

development

2 Thesis, no.1, 2015

145 Technical Instructions for authors

147 The Style of University of Chicago


Editorial

The article which opens the latest edition of the Scientific Journal

THESIS, published by the University Educational Institution AAB

University, is the continuation of a translation into Albanian from the

original French work of the famous French scholar of the twentieth

century Raymond Aron, It is an interesting study of the voluminous

book titled ―The Stages of Sociological Thought‖ regarding the

sociological role and contribution of the positivist of the nineteenth

century, Auguste Comte. Due to the length of this study, it is

published in two separate editions.

The Following paper off, Aida Alla ―Legal - Diplomatic Language:

Stylistic analysis of ―Convention on Cluster Munitions‖ it addresses

the issue of translation of legal documents which, lately, is given

special attention, with a focus on one of most sensitive genres,

international conventions. The paper analyses the text of the United

Nation Convention on Cluster Munitions in English (the original) and

the translated version in Albanian.

The author Vjosa Jonuzi - Shala, treats the impact of foreign terms

in the Penal Code and Criminal Procedure Code of the Republic of

Kosovo. The paper is about the impact of globalization and numerous

terms that have been used, some of which have entered as

borrowings, some are used as barbarisms, while there is no

harmonization of these terms with the Kosovo criminal norm.

Teuta Agaj addresses the mistakes that students of English

language make in using adverbial clauses of time. The adverbial

clauses of time are highly complicated and create confusion.

According to the author, based on the great number of the adverbial

clauses of time, on the meanings that they convey as well as on the

manner how the meaning is expressed, this paper will concentrate on

mistakes that students of English Language make when using

adverbial clauses of time. It will focus on the structure of the adverbial

clauses of time, as well as their use.


Author Ramadan Çipuri in his paper entitled ―Reasons of Self-

censorship landscape for journalists‖, sheds light on the main reasons

that lead journalists towards self-censorship. He provides answers to

research questions: How do censorship and self-censorship act among

journalists?; What are the factors that influence and support them?;

What are the consequences of self-censorship among journalists and

media workers?

Donik Sallova addresses the so-called issue of Kosovo identity.

The author argues that ― Kosovar identity‖ as the ―New national

identity of Kosova‖ is more an artificial construction that ignores the

historical and political circumstances of Kosovo Albanians towards

independence, than a real natural identity aspiration of the people of

Kosovo.

Albert Baraku, in his paper ― Ownership transformation –

privatization in Gjakova municipality‖, touches the period 1990 –

1999, when disturbance and major economic and political turmoils

began.

The author Baki Rexhepi, ―Small family Business - guarantor of

economic and social development‖, addresses the importance of these

businesses and the economic growth of Kosovo. According to the

author, Family businesses are more focused, more responsible, and

they care for the community. They focus on long-term business

success and continue to invest in the business, even when recorded

the satisfactory results.

The next volume of the journal will be published in autumn.

However, prior this, we will publish the thematic volume of the

International Conference on Communication and Media Studies‖

ICCMS, co-organized with AAB as part of our annual manifestation

of Days of the AAB University.

Masar Stavileci,

Editor-in-Chief


Etapes de la pensée sociologique Raymond Aron

Auguste Comte

(IIe partie)

Suite du numéro précédent

Raymond Aron


Etapes de la pensée sociologique, Auguste Comte


Raymond Aron


Raymond Aron

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Raymond Aron

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Thesis, no.1, 2015 39

Legal language: Stylistic analysis of

“Convention on Cluster Munitions”1

Aida Alla

Abstract English is undoubtedly the most important means of communication between different nations worldwide. It is the lingua franca in most of the international gatherings, be them political, economical, social, artistic, literary etc. Similarly, in this framework, diplomatic and political interaction among nations is rapidly increasing, thus, rising the need for professionalism in translation. International law needs to be translated accurately in order to fit every country‘s national political and cultural mentality. This study analyses the peculiarities of legal translation with a focus on international treaties, namely ―Convention on Cluster Munitions – CCM‖, which Albania ratified and is a Member State.2 This study focuses on the peculiarities and characteristics of legal-diplomatic language in terms of style, register, tone, sentence structure, syntax, and lexicology, the uniformity of terminology, functional equivalence and in the same time underscoring the difficulties that have been encountered during the translation of CCM. In order to better understand the above mentioned characteristics, we will make a stylistic analysis taking into account the examples extracted from the official texts in both English (source text, ST) and Albanian (target text, TT). Even though we will confront both texts together - ST and TT - we cannot consider this analysis a contrastive and comparative one. It is not the scope of this study to compare and contrast the linguistic tools to identify the similarities and differences. On the contrary, we will focus on the style and tone of the conventions

1 Cluster Munitions” is translated as “municionet thërrmuese” in the Republic of

Albania and “municione kasetore” in the Republic of Kosovo. Unification of legal

language is a necessaty. Hoever, this aspect goes beyond the scope of this study. Aida Alla, PhD Candidate, Kolegji AAB, email: [email protected] 2 The official document of CCM is available at:

http://www.clusterconvention.org/files/2011/01/Convention-ENG.pdf

Aida Alla

40 Thesis, no.1, 2015

and the way these two components are linguistically portrayed in both languages. Key words: legal language, style, tone, standardization of terminology, translation problems.

Features and nature of administrative language

Legal translation has an interdisciplinary nature which demands

knowledge with a number of subjects, including law, linguistics,

translation and intercultural communication. As far as the nature of

legal language is concerned, according to Deborah Cao legal language

is identified and linked with the normative, performative and

technical nature of language use.3 It is related to norm creation, norm

production and norm expressions. The normative nature of law

derives from the fact that law has the basic function in society of

guiding human behavior and regulating human relations.4 The

normative nature of legal language is expressed with some particular

linguistic tools which indicate ordering and instructive modalities.

Regarding the performative nature of legal language, it is closely

linked to the function of law. Words are not only something we use to

say things, we also use them to do things. Law is created to be

respected5. For example: You are fined 200 Euros. This very short

sentence implicitly demands that the person to whom it is addressed

should pay the fine, thus take action. The performative aspect of legal

language can be achieved through the formal tone of the documents.

Technical nature of legal language, according to Deborah Cao, is

evident in all such texts because their content consists of technical

terms which show how and what needs to be done. Legal lexicon and

its structure display some of the characteristics of this legal language.6

It is a language with specific purposes: legal, administrative,

diplomatic and political purposes. Technicality of such a language is

3 Deborah Cao. Translating law. Clevedon, 2007, p.13. 4 Ibid 5 Ibid. p. 14. 6 Ibid. p. 16.

Gjuha juridiko-diplomatike: Analizë stilistikore e tekstit të “Konventës për

Municionet Thërrmuese”

Thesis, no.1, 2015 41

expressed with entirely informative language and emotional style.

The drafter‘s personal opinion is not to be expressed.

Style and tone of the Convention on Cluster Munitions

Xhevat Lloshi states that the style of legal documents falls under the

category of standard style as opposed to the individual style that we

encounter in literary texts. The standard organization of the text is

very conventional, traditional, generalized predefined. Predefined

structure means that the new text (what we are writing or saying) is in

conformity with the previous texts, with the presence of borrowings

of some components or entire parts of discourse. 7

As far as the style is concerned, according to Xhevat Lloshi, the

stylistic function of the legal text is prescriptive and obligatory,

meaning that its objective is not only to inform, but to show what

needs to be done, what is ordered to be done and what is the norm

which is not to be challenged or changed. He states that both drafters

and translators of legal documents must abide by some normative

criteria. Firstly, the content of these kinds of texts must portray the

interests of the parties. Under no circumstances should the writer

directly express their reactions and feelings, including the individual

style. Secondly, the linguistic transfer must be accurate, explicitly

including all the details of circumstances with the aim of avoiding

misinterpretation, arbitration and intentional breaches of the truth.

Linguistic accuracy avoids ambiguities of standard language. Once

the linguistic formulation comes into existence, it becomes consistent

as part of the standardization of the lexicon. Thirdly, it is important

that such texts should not be changed within a short period of time for

linguistic changes would bring about difficulties among parties and

implementing actors. Consequently, legal writing belongs to the

conventional and traditional style.8 What is important in the final

7 Xhevat Lloshi, Stilistika e Gjuhës Shqipe dhe Pragmatika, Second Edition, Tirana,

2005, fq. 51.

8 Ibid.

Aida Alla

42 Thesis, no.1, 2015

version of the text is the linguistic naturalness or the preservation of

stylistic aspect.9

Illustrations of stylistic function taken from the text:

The prescriptive and imperative nature of the text is expressed

through some linguistic features which render the sentence

authoritative. For example, the following example results from key-

wording and statistical methods:

1) The verb “shall” which implies obligation is used 90 times. It

is translated as ―duhet‖ in Albanian.

2) 25 sentences in the text start with the words “Each State Party

shall…” Using the singular person instead of plural (Parties)

means that the convention is addressed to member states not

in a collective way. Collective nouns might indicate lack of

individual responsibility. The determiner ―each‖ emphasizes

the direct reference to each of the state parties, in other

words, equal individual outcomes (of each member state) are

expected to be achieved. ―Çdo Shtet Palë” is the Albanian

equivalent.

3) The use of present simple. Ex: Each state party undertakes…,

Each state party believes…, We can hardly find any other tense

of the verb throughout the target text. Present simple implies

the urgency of the action and the duration of its provisions.

Additionally, it implies that the treaty is binding any time

the authorities refer to it.

4) The use of ―full infinitives‖ to express the ―to-do‖ task has an

obligatory role.

9 Viktor Ristani, Kontribut në Studimet Përkthimore Gjatë Viteve ’90. Tirana, 2010,

fq. 212.



Thesis, no.1, 2015 43

Each State Party undertakes

never under any circumstances

to:

(a) Use cluster munitions;

(b) Develop, produce, otherwise

acquire, stockpile, retain or

transfer to anyone, directly or

indirectly, cluster munitions;

(c) Assist, encourage or induce

anyone to engage in any activity

prohibited to a State Party under

this Convention.

Pg. 3

Çdo Shtet Palë, në asnjë

rrethanë, nuk duhet të:

(a) Përdorë municione

thërrmuese;

(b) Zhvillojë, prodhojë, të marrë,

grumbullojë, mbajë ose

transferojë tek askush, në

mënyrë të drejtpërdrejtë ose jo,

municione thërrmuese;

(c) Ndihmojë, inkurajojë ose

tërheqë dike tjetër për t‘u

angazhuar në aktivitete që janë

të ndaluara për Shtetet Palë në

këtë Konventë Pg. 3

Regarding the second normative stylistic function that Prof. Lloshi

suggests, all the legal and military terms are considered as such

because they belong to a system of terms. It is in the system of terms

that we have to consult in order to avoid misinterpretation. It can be

illustrated in the following examples:

5) The term ―Victim assistance‖ could come across as a very

simple phrase which is applied in the standard language as

well. However, it has another meaning in this context,

constituting one of the most used terms. The word ―victim‖,

followed by ―assistance‖, is very important in this context

because it constitutes one of the three pillars of this

convention. It is translated as “asistencë ndaj të aksidentuarve‖.

6) ―Cluster Munitions” is another term and its sensitivity is

explained before. As far its translation, the translator has no

choice but to consult the experts in the military field because

this term belongs to the military jargon and the translator

cannot propose a new one. Whether the military experts

consulted the linguistic experts, that is another issue.

The third feature proposed by Prof. Lloshi can be analyzed

through corpora study. Almost all the international treaties have the

Aida Alla

44 Thesis, no.1, 2015

same structural, stylistic and syntactical features. This can be

considered an established conventional style and cannot be changed.

The tone of the legal language has its own characteristics.

According to Xhevat Lloshi, the tone of the legal language is

purposefully reserved, delicate, and even showing ethical formality.

This can be achieved by avoiding linguistic devises with subjective

charge, emotional and expressive stylemes. The drafter of the legal

document is obliged to introduce a methodical, official and objective

approach.10 According to Deborah Cao, the legal translator‘s job is not

to provide legal advice and solve legal problems, but to translate and

facilitate communication across linguistic, cultural and legal barriers

through the medium of language.11

These features are clearly expressed in CCM. No emotional

attributives can be found throughout the text. No personal opinion of

the drafters can be found either. The attributives‘ role is only

informative and grammatically speaking, they are mostly attributive

nouns and a few neutral attributive adjectives. Ex: gender-sensitive

assistance, munition victims, coordinated manner, national stockpiles,

fundamental freedom, human rights, medical care, proposed extenuation,

suspected hazardous areas, total area, socio-economic and environmental

implications, relevant guidelines.

Standardization of legal terms and concepts in translation

In order to reduce the number of international disputes, especially in

the field of legal documents, there should be some sort of standard

form of legal concepts equivalents, which is not based on the

mechanical choice of the meaning but involves a comprehensive and

contextual choice. The question which arises here is what should be

standardized?

The process of standardization does not always mean the need for

finding similarities. It is also another form of standardization if one is

able to point out the differences between the source and target texts.

10 Xhevat Lloshi, Stilistika e Gjuhës Shqipe dhe Pragmatika, Second Edition, Tirana,

2005, fq. 205. 11 Deborah Cao. Translating law. Clevedon, 2007, fq.4.



Thesis, no.1, 2015 45

Kierzkowska suggests a methodology towards achieving this end, in

the domain of court interpreters, she says, "the first step should be

taken towards collecting basic information on the materials which

have been already developed in this field in different countries. Then,

by way of comparative studies, a special working group would

suggest solutions to be agreed upon".12 However, this process requires

years to achieve.

One of the methods by which legal equivalences are standardized

is through identifying regularities and patterns in the choices made by

translators and which indicate that they are governed by norms in the

translation process. Therefore, it is safe to assume that 'norms' play a

major role in stabilizing and standardizing legal language.

Additionally, consistency of terms through a text is very important as

well. It would cause ambiguity if a single term introduced in a text is

translated differently even though it can bear the same meaning.

However, standardization does not occur only at the lexical level.

According to Prof. Xhevat Lloshi the stylistic choice is also governed

by leading organizational principals to fulfill such requests. Formal

standardization is evident in two levels: stereotypical phrases and

sentences, syntactical construction and paragraph organization. If

standardization is not respected, the text is subject to be doomed as

invalid for the purpose it has.13

Linguistic and Stylistic analysis of the source text and its

peculiarities

The importance of the ST and its features should not be underrated.

The ST is a UN international treaty. It falls within a special type of

legal English which is of a highly complex nature. It "differs

significantly from normal formal usage. This variety of English can be

acquired only through a very specialized form of schooling. It is more

12 Kierzkowska, D. International Unification of Court Translators' Principles of Work-

Needs and Possibilities, In Ne keman, Translation: Our Future Proceedings of the

Xlth World Congress of FIT Euroterm Maastricht: Euroterm, 1987. P. 441. 13 Xhevat Lloshi, Stilistika e Gjuhës Shqipe dhe Pragmatika, Second Edition, Tirana,

2005, fq. 206.

Aida Alla

46 Thesis, no.1, 2015

than a professional jargon, as it contains a specialized lexicon and its

own peculiar syntactic constructions"14

A prominent feature in the examined text is the long and complex

sentences composed of "parallel structures or homogeneous clauses".15

The two-page long introductory sentence illustrates this feature: there

are 20 homogenous subordinate clauses within a sentence, typical of

the language of treaties. They are used in order to emphasize the legal

act: deeply concerned that civilians... ;determined also to ensure…; Resolved

to do…; recognizing the need…;bearing in mind…; etc. These parallel

structures serve as a list of reasons why this convention came into

being, conveying a diplomatic tone which later will be supported by

the articles of the convention.

Another feature is the intrusive sentences, which are the insertion

of conjoined and embedded elements into other sentences to make

them more complex sentences. These elements could be either a noun

phrase or a prepositional phrase separating the subject and verb from

the object creating a difficulty in the way one understands the

sentence. In the first article, the intrusive elements are used to place

the information in one self contained unit: Each State Party shall, in

accordance with national regulations, separate all cluster munitions under

its jurisdiction and control from munitions retained for operational use and

mark them for the purpose of destruction.

Active sentences are predominantly used in the text of CCM to

indicate the performative nature of legal language (subject – verb –

object). It explicitly states who must do what.However, the use of

passive sentences occurs throughout the text when the focus is on the

object of the sentence: A request for an extension shall be submitted to a

Meeting of States Parties or a Review Conference prior to the expiry of the

time period referred to in paragraph 1 of this Article for that State Party.

Each request shall be submitted a minimum of nine months prior to the

Meeting of States Parties or Review Conference at which it is to be

considered. (pg.8)

14 Mok, O. Accessibility of Specialized Lexicon as Criterion for Quality Assessment of

Legal Translation. Babel, 1995. P. 196. 15 Ibid. p.167.



Thesis, no.1, 2015 47

It is also noticed that there is extensive use of prepositional

phrases. This is a common feature of legal English and appears

throughout the examined text. This frequent use of prepositions is due

to the use of the lengthy and complex sentences as prepositions are

very effective tools for linking sentences: The adoption of the Protocol on

Explosive Remnants of War; The protection of civilians from the effects of

cluster munition remnants in post-conflict environments; The Declaration of

the Oslo Conference on Cluster Munitions.

Additionally, it is also clear that there is a significant lack in the use

of direct negatives. It is noticed that all acts were issued by the use of

the positive regulatory tool 'shall', and not by prohibition shall not',

although the use of the negative and even double negatives is the

normal practice in legal documents. The reason for the lack of use of

direct negatives could be due to the fact that the examined text is an

international treaty and all parties are hoping for a positive outcome

of the treaty. Therefore, the legal directives are presented in a way by

which the emphasis is focused on what the parties should do instead

of what they should not do.

Another feature which is tackled through the analysis of the text is

the use of the specialized terms (legal lexicon). Terms are generally

taken to be the unique subject-related use of nouns and sometimes

verbs. They could also be a word or a phrase. Kaiser-Cook says that

"the characteristics of a term which distinguish it from the non-term

are precisions and the fact that it belongs to a system of terms, which

are the linguistic manifestations of a system of concepts".16 Terms in

the text belong to a political and legal universe, they include a set of

verbs peculiar to treaties: comply, commit, undertake, prevent, recognize,

accept, approve, accede, ratify. The terms also include a set of special

nouns and noun phrases: National implementation, state parties, Security

Council, military personnel, settlement of the dispute.

Another characteristic of this material are the military terms which

constitute technical problems and bearing military sensitivity:

16 Kaiser-Cook, Murder in the Laboratory: Termhood and the Culture Gap. In Snell-

Hornby, Translation as Intercultural Communication, John Benjamins Publishing,

1997, p. 284.

Aida Alla

48 Thesis, no.1, 2015

cluster munitions, failed cluster munitions, unexploded submunition,

cluster munition remnants, self-destruction mechanism”, self-deactivating,

explosive bomblets. These terms can be found in the explanatory article

of the convention, accompanied by their definitions because it is of

high importance that all the Member States of the convention are

referring to the same item when they mention ―cluster munitions‖ or

any other types of munitions in the international meetings or when

they report to the UN Secretary General.

Linguistic difficulties arising from the source language

The decisions made by translators are essential not only at the

linguistic translational level, but also on the legal-political level. The

decisions made by translators depend first and foremost on the legal

interpretation of the text. In order to point out the translation

difficulties arising in the ST, there should be a clear examination of the

legal interpretation. Legal analysis suggests translation difficulties

that the translators are expected to face and ways of tackling them by

use of the correct equivalence. We have chosen two more complicated

examples to illustrate the complexity of the text and areas for possible

misinterpretation which might create difficulties during the

translation.

Basing themselves on the

principles and rules of

international humanitarian law,

in particular the principle that

the right of parties to an armed

conflict to choose methods or

means of warfare is not

unlimited, and the rules that the

parties to a conflict shall at all

times distinguish between the

civilian population and

combatants and between civilian

objects and military objectives

Duke u bazuar në parimet dhe

rregullat e ligjit humanitar

ndërkombëtar, në veçanti parimin

që e drejta e palëve në një konflikt

të armatosur për zgjedhjen e

metodave ose mjeteve të luftës

është e kufizuar, dhe për rregullat

që palët në një konflikt duhet të

bëjnë dallimin ndërmjet

popullsisë civile dhe luftëtarëve si

dhe ndërmjet objekteve civile dhe

objektivave ushtarake dhe në këtë

këndvështrim t‘i drejtojnë



Thesis, no.1, 2015 49

and accordingly direct their

operations against military

objectives only, that in the

conduct of military operations

constant care shall be taken to

spare the civilian population,

civilians and civilian objects and

that the civilian population and

individual civilians enjoy general

protection against dangers

arising from military operations,

HAVE AGREED as follows: pg 2

operacionet e tyre vetëm kundër

objektivave ushtarake, dhe që në

sjelljen e operacioneve ushtarake

duhet të kushtohet kujdes i

vazhdueshëm për të kursyer jetët

e popullsinë civile, civilët dhe

objektet civile dhe që popullsia

civile dhe individët civilë të

gëzojnë mbrojtjen e përgjithshme

ndaj rreziqeve që vijnë nga

operacionet ushtarake,

KANË RËNË DAKORD si më

poshtë : pg 2

The translator is faced with a very formulaic and complex one-

paragraph-long clause which is full of confusing terms both military

and legal ones. What is more confusing is the terms which in another

context are not considered as such. The first dilemma that the

translator has when he/she is faced with long sentences is the

question whether the translator should break the sentence into two

and make it more comprehensible or preserve it as the source text is.

However, there is no possibility of such a choice in this case

because we have to do with a subordinate clause which does not

stand on its own, let alone to be broken down. Schaffner has another

explanation regarding the structural level. She suggests that one

sentence in the ST must correspond to one sentence in the TT, and in

the case of treaties, the negotiators "must be able to refer to 'article 1,

paragraph 2, sentence 3 without causing misunderstandings for their

counterparts".17

The clause itself consists of six sub-clauses, four of which are

defining relative sub-clauses. The question is: which are homogeneous

clauses to the first one: ―Basing themselves on the principles and rules of

17 Susan Šarčević, Translation of Culture-Bound Terms in Laws. In Sager, J.C.

Multilingua: Journal of Inter-language Communication. Amsterdam: Mouton

Publishers, 1985, fq.121.

Aida Alla

50 Thesis, no.1, 2015

international humanitarian law” and which are intrusive and

subordinate to it? Defining the relations between them would help us

grasp the meaning of the sentence better. Punctuation system is of

help as well.

The modal verb “shall” has got another meaning in the legal

context. It entails the force of obligation. The final Albanian version is

―duhet”. However, translators in Albanian have decided to translate

only the main verb in present simple tense.

One of the difficulties that the translator faces is the prepositional

phrase ―on the principles and rules of international humanitarian law”.

Before translating this phrase the translator should clarify the role of

the adjective ―humanitarian‖. Is it referring to the law that addresses

humanitarian issues such as reducing poverty in the world or is it

referring to civilian issues as opposed to military one? Either way, the

fact that this is a legal term, like criminal law or administrative law,

the translator should acknowledge the fact that there should be an

already set equivalence for this term. The final translated version is

“ligji ndërkombëtar humanitar”. The version given by the translator will

be discussed in the next chapter.

Another awkward feature which adds to the complexity of this

clause is the double negatives: ―is not unlimited”. This is another

difficulty that the translator is facing. Should he/she remain faithful

to the ST or make it easier to comprehend by using the positive

option? The final version of the translated text is ―është e kufizuar‖.

“The parties to a conflict” is another problematic phrase. First of all it

is very generic. Does the word “parties” refer to armed forces only,

does it involve locals who might indirectly get involved or does it

involve the state as officially/politically involved? Secondly, what can

be considered a “conflict” in a democratic and predominantly peaceful

country cannot be considered as such in another country where

democracy is lacking. Thirdly, does it imply arms? It can be literally

translated but it can open doors to ambiguities and

misinterpretations.

The word “Combatants” according to the English-Albanian

dictionary by Pavli Çesku is translated as “luftëtar”. There is a



Thesis, no.1, 2015 51

cultural-historical connotation to this word “luftëtar” because it has

been used in movies during the communist regime as well as in the

school text books at that time. This means that Albanians go back on

time when they come into contact with this word. However, it is safer

to leave it like this than to run the risk of restricting the meaning to

―ushtarak‖ which denotes the armed forces only.

“Military objectives” raises the question whether the ―objectives‖ is

abstractly referred to the thing that somebody is trying to achieve or is

it a target for the military to reach in the battle field?18 The context

helps us assume that the latter is the case.

“To spare the civilian population”, according to the Oxford Advanced

Dictionary, means ―to allow somebody, something to escape harm,

damage or death, especially when others do not escape it. Word by

word translation in this case would seem awkward in Albanian:“për të

kursyer popullësinë civile”. In this case we need to make use of addition

―jetën‖ to make the meaning clearer, “për të kursyer jetën e popullësisë

civile”.

Article 3

Storage and stockpile destruction

1. Each State Party shall, in

accordance with national

regulations, separate all cluster

munitions under its jurisdiction

and control from munitions

retained for operational use and

mark them for the purpose of

destruction. pg 5

Neni 3

Magazinimi dhe shkatërrimi i

stoqeve

1. Çdo Shtet Palë, në përputhje

me rregulloret kombëtare, duhet

të ndajë të gjitha municionet

thërrmuese nën juridiksionin e

vet dhe duhet t‘i kontrollojë nga

municionet e mbajtura për

përdorim operacional dhe duhet

t‘i regjistrojë për t‘i shkatërruar.

pg 5

18 Definition taken by Longman Language Activator.

Aida Alla

52 Thesis, no.1, 2015

The heading of the article is highly technical, involving military

terms, ―Storage and stockpile destruction” The three words included in

the heading are already established terms in the military community.

They are part of the military jargon and if changed can cause

confusion to the target reader. All the translator should do is ask the

specialists in the field or consult previous translations of the same

kind. In this case we cannot resort to synonymy. ―Magazinimi” is the

only option out of some synonyms such as “depozitimi” or “ruajtja”.

The heading, as we see, has got two opposing nouns which imply two

different ideas, namely “storage” and destruction” which during

translation should imply the same opposing force.

The verb ―to mark‖ in the military context is more than “shënjoj” in

Albanian. Marking in the military context means more than one

procedure, it implies registering in the military files. So it is safer to

translate it as “regjistrojë”.

These examples illustrate the fact that the translator must consider

three aspects of the text that he/she is commissioned to translate: the

semantic meaning in the text as language, the pragmatic meaning in

the intention of the background of the creation of the text (context).

This includes the language and the technical methods used for that

purpose, the target reader, and most importantly the force and the

truth of the text. Lastly, the translator must consider the culture of a

potential readership. All this process is governed by norms that are

mentioned in chapter one.

Conclusions:

It is evident that the translation of legal documents falls within two

disciplines, that of language and linguistics on one hand, and that of a

juridical nature on the other. This allows us to speak of this process as

a 'multidisciplinary operation‘.19 What becomes clearer is also the

general acceptance that the translator of a legal text should have the

ability to comprehend the intention and message of the ST as fully as

possible. Whereas Lane says, "under no circumstances is the translator

19 Stuart Campbell, Translation into the Second Language. New York, 1998, fq. 447.



Thesis, no.1, 2015 53

permitted to place his own interpretation on the text, and it is

absolutely forbidden for him to attempt to interpret the legal

content‖.20 It is the status and the position of the document drafter(s)

or the institution which vests authority on the text. Legal texts convey

the power of law; the legal language is instrument with which the law

is transmitted. For example: the linguistic tool ―shall‖ has an

authoritative role in the legal context.

Additionally, we analyzed the style and tone of the convention and

the way how the text‘s stylistic function contributed to the

convention‘s authoritative tone. It is important to stress the fact that

there is no room for expressiveness, reaction and personal feelings.

The words chosen by the translator must not have emotional charge

or biased interpretation. The translator must avoid ambiguities,

additions, omissions of part of a sentence. Additionally, he/she must

preserve the same visual structure with the original document. Style

and register must be maintained, keeping in mind the cultural and

pragmatic adjustment. Another aspect of legal texts is the

standardization of terminology both at the macro-text and micro-text.

This study also dealt with the difficulties that the translator faces

during the translation process of international treaties. We analyzed

two sentences from the text, demonstrating the formulaic nature and

the complexity of the legal style. Legal-diplomatic texts, especially the

international conventions, have conventional character. These

linguistic conventions are displayed at lexical, syntactical and

structural level.

Finally, the translator must consider three aspects of the legal text

he/she is translating: the semantic meaning of the text, the pragmatic

meaning and the whole background of the creating of the text such as

the context and the extra-linguistic background. Extra-linguistic

background implies the situation in which the text was created, the

readership this material is addressed, etc. This includes the author, the

situation in which it was created, the language and technical methods

used for that purpose, the reader it addresses, and most important the

20Alexander Lane, Legal and Administrative Terminology and Translation Problems,

Langage du Droit et Traduction. Conseil de la langue Franciase, 1982, Fq. 223.

Aida Alla

54 Thesis, no.1, 2015

force and truth of the statement. It must also include the culture in

which the ST and the TT are created.

Bibliografy

Campbell. S. Translation into the Second Language. New York:

Addison Wesley Longman, 1998.

Cao, D. Translating law. Multilingual Matters: Clevedon, 2007.

Dante, B. Language in the Legal Process. In Law & Society Review.

1980.

Lloshi, Xh. Stilistika e Gjuhës Shqipe dhe Pragmatika, Second Edition,

Tirana, 2005.

Lane, A. Legal and Administrative Terminology and Translation

Problems, Langage du Droit et Traduction. Conseil de la langue

Franciase, 1982

Mok, O. Accessibility of Specialized Lexicon as Criterion for Quality

Assessment of Legal Translation. Babel, 1995

Kaiser-Cook, M. Murder in the Laboratory: Termhood and the

Culture Gap. In Snell-Hornby, Translation as Intercultural

Communication, John Benjamins Publishing, 1997.

Kierzkowska, D. International Unification of Court Translators'

Principles of Work- Needs and Possibilities, In Ne keman, P.

Translation: Our Future Proceedings of the Xlth World Congress of FIT

Euroterm Maastricht: Euroterm, 1987.

Ristani, V. Kontribut në Studimet Përkthimore Gjatë Viteve ’90.

Tirana, 2010.

Trosborg, Text Typology and Translation: John Benjamins Publishing,

1997

Thesis, no.1, 2015 55

The impact of foreign expressions in

Criminal Code and Criminal Procedure

Code of the Republic of Kosovo


Abstract

Globalisation is defined as economical, political, social and cultural process and the effect of it is has the impact in the whole world or all inclusive. From this definition it derives that this process is multi dimensional that has included the whole of the globe from the physical point of view it has had a comprehensive impact in almost all spheres of life and societies. As such it is considered as un avoidable. With all the positive‘s that globalisation brings and have to do with economical development There is a downfall side of it that can be called as negative sides and have negative consequences. As a result of it , the trends of those who oppose it in diametrical manner has grown giving us to types the one who are for it , and the one who oppose it by all means. It is true that globalisation changes relationships, not only political but economical social and cultural as well. In this manner globalisation manifests itself in linguistic and cultural sphere. This is more than obvious in Albanian space and where this impact is clearly visible. In Penal and procedural science in Kosovo this impact is doubled: while in Penal code of Kosovo the impact is more in language and is manifested in particular terms mainly English ones in Procedural code this impact has been in the substance of the procedural penal code itself. Time is a witness that usage of foreign terms in Albanian language most of the time is a necessity and the only salvation is borrowing up the foreign terms .And this mus go on until the proper term in Albanian language is found or created and this will be left to the linguists first of all the one who study the penal sphere to invent and create that must be in Albanian and are meaningful and correspond with the meaning of the foreign word or expression without leaving any doubts in this very delicate field .

Vjosa Jonusi-Shala, Kolegji AAB, email: [email protected]


56 Thesis, no.1, 2015

Main words: globalisation, barbarisms, borrowings, draft, implementation, linguistic all impact, rape, smuggling, trafficking, capital letter, albanology, lecturers, state institutions,Scientific language, law for the protection for the Albanian Language.

Entry

Definitions of globalisations are diverse. Thus, according to Oxford

Dictionary, ―globalisation is process, by which businesses or other

organizations develop international influence or start operating on an

international scale‖.1 A general definition defines as ―a process which

involves the causes, course and consequences of international

integration and cross-cultural activities and non-human beings‖,2

however, defined in the simplest way, ―globalization is a process of

interaction cross-cultural exchange and transformation‖.3 In this

sense, globalization is a process from which exchanges of views on the

world, products, ideas and other aspects of culture; globalization

refers to processes that promote worldwide in national and cultural

exchanges. Taken as a whole, some authors identify only the

globalization of markets, trade comprehensiveness and consequently

the financial,4 while the rest of the authors, globalization, in addition

to ―trade without borders‖, identify the categories of other non-

financial such as culture, science, language, religion, migration,

politics, values, norms, ideology, etc.5.

1 Oxford Dictionaries, http://oxforddictionaries.com/definition/

english/globalization 2 Dr. Nayef R.F. Al-Rodhan, Definitions of Globalization: A Comprehensive Overview and

a Proposed Definition (Geneva: Centre for Security Policy, 2006), 5. 3 Vilashini Cooppan, ―World Literature and Global Theory: Comparative Literature

for the New Millennium‖, Symploke, Vol. 9, Issue 1-2, 2001, 15-43, 15. 4 Al-Rodhan, vep. E cit., 16. (Citated Alan Deadroff, ―Glossary of International

Economics‖, University of Michigan, 2001). 5 Ibid., 10 and 17. (Citated Mike Featherstone, Undoing Culture, Globalization,

Postmodernism and Identity, (London: Sage, 1995), 6-7, H.J.J.G. Beerkens,

―Global Opportunities and Institutional Embeddedness, Higher Education

Consortia in Europe and Southeast Asia‖, University of Twente, 2004 dhe

http://oxforddictionaries.com/definition/%20english/globalization

http://oxforddictionaries.com/definition/%20english/globalization

The impact of foreign expressions in Criminal Code and Criminal Procedure Code of

the Republic of Kosovo

Thesis, no.1, 2015 57

Language Trends in the Criminal Code and the Criminal

Procedure Code of the Republic of Kosovo

The same globalisation trend has included Kosovo as well, so as the

Albanian Language. Excluding science of IT (Information and

Technology) the trends of using the foreign words mostly English are

present almost in every our communications. Expressions like:

president, implementation, transparency, resource, draft, procuring,

revision, integration, tender, immediate, asset, abuse, according, etc.

are rooted so deep in our language, that not that we have ―forgotten‖

that they are not our words, but even when using a computer they

appear as our (Albanian) words.

This trend is manifested in Penal Code as well so as in Procedural

Code of the Republic of Kosovo. Under these circumstances it has

become difficult that these codes perform and function for why is

released. Therefore under these circumstances, difficult situations may

arise, unclear situations, and this may result in failing to combat

criminality.

These trends are from earlier although their intensity rises, by the

end of last century when the country was under International

Protectorate and administration. In the beginning there were impacts

from slavistic languages and later on from English. Without having to

elaborate deeply on this matter, we must remind ourselves that i.e.

word ―dhunim‖ in Albanian came as translation from the Serb one

―silovanje‖. This word is used in 2003 Penal Code so as in the 2013 one

and it refers to the same penal act ‖Rape.‖ This word that has been

literally translated from Serbian, has not considered at all elements of

Albanian language (―sila‖ – violence and ―silovanje‖ – rape), where in

Serbian this word is used exclusively for sexual rape, in Albanian can

be used as a violent act without sexual meaning attached to it. A

person can be violated and doesn‘t have to be a sexual violence, or

Imre Szeman, ―Culture and Globalization, or, The Humanities in Ruins‖,

CR: The New Centennial Review, Vol. 3, No. 2, (2003): 94].


58 Thesis, no.1, 2015

rape, can be psychological violence physical, so as an object can be

violated, as well. In English language the word ―rape‖ is used

exclusively for sexual violence against other person, and in no other

contest .Where in Albanian the person who committed sexual crime is

called ―dhunues‖ but the same name can be attributed if he violated

the object grave etc.

In the Criminal Code of the Republic of Kosovo, is a scheduled

offense - Smuggling of migrants (Article 170). Term ―smuggling‖ (Fr.

Contraband’s. Contrabando), meaning ―secret insertion or extraction of

prohibited goods or valuable items across state borders using illegal

ways to evade customs control, trade secret with such goods‖,6 while,

in the Criminal Code of Kosovo, this offense refers exclusively to

people, because for goods there are other norms! Also, the term

―migrant‖ does not exist in Albanian; used words are ―immigrants‖ or

―immigrants‖, while migration is a phenomenon of displacement

from one country to another.7 Further, it is envisaged offenses -

assault (Article 187/1), where ―anyone who intentionally use force

against another person without that person's consent ...‖ and the

offense of rape (Article 230/1) ―Anyone who subjects another person

to sexual act without the consent of the person ...‖, while according to

criminal science - Kosovo's legal to date, could not the opposite

happens: the use of force (weapon, dangerous vehicle or any other

object that may cause serious bodily injury or damage to health) with

the consent of the subject or passive obligation to perform a sexual act,

but the passive consent of the subject! Also, Article 35 is intended

―significant action toward the offense‖, which is defined as ―an

important preparatory step ...‖, but that is not a preparatory action,

but one more step, yet not is attempted; lies between preparation and

attempt action! In such cases appear new institutes criminal - law,

which come as a result of foreign influence system, and therefore fund

expressions in our language, I can not afford.

Impacts on our codes, criminal and criminal – procedural are not

only criminal influences from the English language. These have an

6 Fjalor i shqipes së sotme, bot. 2, s.v. ―Kontrabandë.‖ Also, Milan Vujaklija,

Leksikon stranih reči i izraza, bot. 3, s.v. ―Kontrabanda.‖ 7 Fjalor..., s.v. ―Migrimi.‖



Thesis, no.1, 2015 59

impact on the content, the actual impacts, which consequently

manifested in Albanian terminology. This phenomenon is more

pronounced in the Criminal Procedure Code, in which the underlying

effects of this code, in many cases its practitioners may be hesitant and

necessarily create the need for interpretation. This is because not only

criminal legislative traditions in general, but also expressions of

English, which belong to this area, are much richer than those in

Albanian. Thus, for example kind of doubt (Suspicion), that the

English have three levels (Reasonable, Grounded and Well-Grounded),8

entered in the Criminal Procedure Code of the Republic of Kosovo,

translated as reasonable doubt, suspicion and good suspicion, which

proves not only for a new terminology criminal procedural language,

but also entirely new categories, which have been scientifically

processed.

Another expression of this code is ―Grounded cause‖ (article 19,

section 1.10), which ―must be based upon articulable evidence‖ and

that the ―Grounded cause‖ and ―articulable evidence‖ are new

categories, which require to be addressed in a scientific manner.

Although the phrase ―articulable‖, which refers to evidence and

grounded reasons (―articulable evidence‖ and ―Grounded cause‖), is

set in a very large number of provisions of the Criminal Procedure

Code, the meaning of this phrase is not defined in the code except that

a provision (article 19, section 1.30), which the definition remains

tentative! Also, the influence of the English language the expression

―serious risk‖, which is defined as ―warranted fear ...‖ (Article 220,

paragraph 1.1), which clearly leaves to understand that there are risks

flimsy respectively, the level of seriousness of risk can be trite (risk)

and higher (serious risk), but that, however, both are risks. This is

because the Criminal Procedure Code provided ―risk‖ and ―serious

risk‖, depending on the situation and context. In such situations, the

theory and judicial practice remains to deal with such categories,

which for a long time will remain relative. Or, the words ―Authorized

8 The Criminal Code of Kosovo in 2003 had foreseen these types of suspicion:

reasonable, serious, substantial and grounded!


60 Thesis, no.1, 2015

Police Officer‖, ―Police or Police Officer‖),9 ―Complex Crime‖

(―complex issue‖ in Albanian), ―Intrinsically Unreliable‖ (―essentially

unsupportable‖ in Albanian), ―Notice of Corroboration‖ (―support the

assertion‖ in Albanian), ―Adequacy of Defense‖ (―Suitability of

defense‖ in Albanian, ―Implicit Jurisdiction of Courts‖ (―the court

implied competence‖ in Albanian), ―Diversion‖, ―Temporary Freezing

of Assets),10 etc.., which without proper concrete effect and are

provided in the code with this terminology, leaving aside the fact that

many of them really should be defined by giving their fundamental

explanation, the explanation of which currently lacking in the

Criminal Procedure Code of the Republic of Kosovo.

In terms of language and procedural criminal - criminal, but our

language media in general, should be reminded that foreign phrases

should not be used until we have in our language. In Albanian,

―Intelligence services‖ are the ―shërbimet sekrete‖, ―Impact‖ is

―ndikim‖, ―Immediate task‖ is ―detyrë e menjëhershme‖,

―Confidential‖ is ―i/e fshehtë‖, ―Violent‖ is ―e dhunshme‖, ―Access‖

is ―qasje‖, ―Police interview‖ is ―marrje në pyetje nga policia‖,

―Human resource management‖ is ―menaxhimi i burimeve

njerëzore‖, ―Investigation‖ is ―hetim‖, ―The temporary freezing of

assets‖ is ―marrja e përkohshme e pasurive‖, ―Amendment‖ is

―ndryshim dhe plotësim i ligjit‖, ―Tender‖ is ―ofertë‖, ―Appearance‖

is ―shfaqje, pamje e jashtme, paraqitje‖, ―President‖ is ―kryetar/e‖,

―Policing‖ is ―përcaktimi i politikave, zbatim i politikave‖, ―The draft

of the law‖ is ―plani, përgatitja e ligjit‖, ―Accord‖ is ―marrëveshje‖,

―Abuse‖ is ―keqtrajtim‖, ―Cooperation‖ is ―bashkëpunim‖,

―Transparency‖, is ―dukshmëri‖, ―Performance‖ is ‖shfaqje,

ekzekutim‖, and many others.

Despite the penetration of foreign expressions, the phenomenon is

happening, which is directly reflected in the written language, when

without any criteria and against the rules of orthography of the

Albanian language over the place used large letters, same regardless

9 From the definition of these terms (Article 19/1.1 and 1.32), the differences

between them can not be understood! 10 Articles: 19, p. 1.2, 1.29, 1.31, Article 11, Article 38, Article 184, Article 264,

etc.



Thesis, no.1, 2015 61

of the Albanian language in the middle of the sentence used in

situations very well defined. Moreover, this letter is written every

word of a sentence! Such a phenomenon is a serious violation of the

rules of orthography of the Albanian language. "Introduction" the

uppercase is clear evidence of the impact of the written English

language, where it is the rule language. And this happens even in the

Code of Criminal Procedure of the Republic of Kosovo (―Code of

Juvenile Justice‖, ―Serious Crime Department‖, ―Law Courts‖,

―Department of Juvenile Justice‖, Article 21, ―Panel Review of

Surveillance and Investigation‖, Section 98, ―Implementation of the

Law on Execution of Criminal Sanctions against detainees‖, Article

202, etc..), but also in the Criminal Code of the Republic of Kosovo

(―prime Minister and Minister of Foreign Affairs‖, Article 120/4.2,

―Business Law‖, Article 120/7, ―Election Commission‖, Article 215/4

and many others under section 441 and 442). And, such a

phenomenon is happening with momentum not only in these two

codes of Kosovo, but also almost all logs, regardless of the level and

scope which include. Such a conclusion was drawn earlier by our

linguists, according to which "... prevailing English elements,

Albanian language being used badly mixed, with breathing pattern,

and foreign vocabulary, become endangered as Canadian; language

with English grammar and dictionary of American English translated

to Albanian ".11

Have given a clue as to which English has over a million annually

expression and ―expand‖ with about 8,500 such,12 according to one

account while another, the language is enriched with over 25,000 new

11 Excerpts from papers presented at the Scientific Symposium "50 years

Albanological studies", held in Pristina on 18/19 December 2003 organized

by the Institute Albanology occasion of the 50th anniversary of the

establishment (Qemal Murati, ―Gjuha shqipe sot - prirje të reja

―evropianizuese‖, ‖ Sfida, No. 4 (2004/2005): 219. 12 In December 2010, Harvard University in collaboration with Google, have

brought this data, derived from computer analysis of over five million digitized books. ―English language has doubled in size in the last century‖, Richard Alleyne, Science Correspondent, The Telegraph, 16 December 2010.

http://www.telegraph.co.uk/technology/internet/8207621/English-language-has-doubled-in-size-in-the-last-century.html


62 Thesis, no.1, 2015

words every year.13 Suffice it to mention the fact that the Oxford

Dictionary contains over 600,000 words with over 3 million citations.14

How ―alive‖ is this language, just to mention a situation, a pile of

others, according to which in addition to the term ―rape‖ or

―murder‖, the expressions are created, which are in connection with

these terms, such as ―rapee‖ or ―murderee‖ to define persons who

provoke rape against him respectively, of his murder, etc.15. Hence

phrases translated from English, just as would cause (if not caused so

far) real risk for legal security in Kosovo and beyond.

And in the end must also note the need for unification of Albanian

expressions within their states. This should happen not only in

criminal science, but also in the mass media. Thus, for example, while

in the Criminal Code of the Republic of Albania is provided ―author‖

of the offense, in the same code in Kosovo is ―perpetrator‖ of the

crime, or ―executor‖ respectively ―murder‖, ―procedurial‖

respectively ―procedural‖, ―inspektoriat‖ respectively ―inspektorat‖,

―manaxher‖ respectively ―menaxher‖ or expressions ―facilitation‖16,

―involvement‖, ―target‖, ―include‖, and many others, which are

commonly used in print and on our televisions. "The purity of our

language, nature and spirit, not only worsen the foreign words

introduced and used to excess, but the ugly, disrupt and suffocating

13 Kenneth F. Kister, "Dictionaries defined". Library Journal, 15/06/1992, No.

117 (11), 43. 14 Oxford English Dictionary, The definitive records of the English language, see

http://public.oed.com/about/free-oed/ dhe The Oxford English Dictionary and

Oxford Dictionaries Online and http://oxforddictionaries.com/words/the-oxford-

english-dictionary.

According to the ―Vest fold University College‖, the dictionaries contain: Over 300,000 words main entrance, over 600,000 word forms, about 137,000 spellings, saying, etymology about 250,000, about 577,000 cross references and over 2.5 million citations used. (See, http://www.hive.no/reference-books/oxford-english-dictionary-article11142-2184.html).

15 Vjosa Jonuzi – Shala, Vepra penale e dhunimit dhe veprat tjera penale kundër integritetit seksual sipas Kodit penal të Kosovës – me komentar, (Prishtinë: Instituti AAB-Riinvest, 2011), f. 345. [Cited by Vesna Nikolić-Ristanović, Uticaj žrtve na pojavu kriminaliteta, (Beograd: IRO Svetozar Marković, 1984), f. 89].

16 Facility, in English language there are several meanings. (Cited by Morton Benson, Englesko-srbskohrvatski rečnik (Beograd: Prosveta, 1986), bot. II, 239).

http://public.oed.com/about/free-oed/

http://oxforddictionaries.com/words/the-oxford-english-dictionary


http://www.hive.no/reference-books/oxford-english-dictionary-article11142-2184.html




Thesis, no.1, 2015 63

(maybe more) words and expressions other "Albanian" calculated by

foreign languages, which come as more and more of the seven root

especially where the fight should be mostly the roots are excreted in

the sun - in our mass communication tools (in print and on television

and radio), from then spreading throughout our language.17.

However, this practice would need to fight, because ―no language rich

and pure, has no idea of the high opinions precise‖.18

Instead of the Conclusion

On behalf of well integrated and integration, the Albanian comes and

suffers. Although it is not easy to resist this trend, the least we can do

is awareness, which should actually help the state institutions. Pass a

law that would protect Albanian least could stop such trends, putting

editors, linguists respectively, lecturers in institutions everywhere,

including appropriate sanctions in cases where the law does not

apply. It would be useful to energy expended by controversy among

linguists and their division into camps for changing the rules of the

Albanian language set decades ago, be aimed at preserving our

language, with an intensity that is tearing ―swallowed up‖ by foreign

phrases. And this happens not only in our daily communication at all

levels, but also in official documents and legal acts high, such as the

Criminal Code and Criminal Procedure that the Republic of Kosovo.

17 Qemal Murati, ―Vërshimi i kalkeve‖, Gjuha shqipe, Instituti Albanologjik i

Prishtinës, vol. 3, (1986): 36. 18 Idriz Ajeti, Studime gjuhësore në fushë të shqipes IV, (Prishtinë: Rilindja, 1989),

47.


64 Thesis, no.1, 2015

Bibliografia:

Ajeti, Idriz. Studime gjuhësore në fushë të shqipes IV. Prishtinë:

Rilindja, 1989.

Al-Rodhan, Nayef R.F. Definitions of Globalization: A Comprehensive

Overview and a

Proposed Definition. Geneva: Centre for Security Policy, 2006.

Alleyne, Richard. ―English language has doubled in size in the last

century‖, The Telegraph,

December, 16, 2010.

http://www.telegraph.co.uk/technology/internet/8207621/Engli

sh-language-has- doubled-in-size-in-the-last-century.html (last visited

on 20/06/2013). {online}

Benson, Morton. Englesko-srbskohrvatski rečnik. Bot. 2. Beograd:

Prosveta, 1986.

Cooppan, Vilashini. ―World Literature and Global Theory:

Comparative Literature for the

New Millennium‖. Symploke, Vol. 9, No. 1/2 (2001): 15-43.

Fjalor i shqipes së sotme, bot. 2. Akademia e Shkencave e Shqipërisë-

Instituti i gjuhësisë dhe

i letërsisë. Tiranë: Toena, 2002.

Jonuzi, Sh. Vjosa. Vepra penale e dhunimit dhe veprat tjera penale

kundër integritetit

seksual sipas Kodit penal të Kosovës – me komentar. Prishtinë: Instituti

AAB-Riinvest, 2011.

Provisional Criminal Code of the Kosovo, 2003. UNMIK regulation

No. 2003/25.

Criminal Code of the Republic of Kosovo, 2013. Code No. 04/L-

082.

Criminal Procedure Code of the Republic of Kosovo, 2013. Code

No. 04/L-123.

Criminal Code of the Republic of Albania, 2001. Law No. 8733,

24/01/2001.

Kenneth, F. Kister. ―Dictionaries defined‖. Library Journal, 117, No.

11 (1992): 43-46.



http://www.telegraph.co.uk/technology/internet/8207621/English-language-has-%20doubled-in-size-in-the-last-century.html

http://www.telegraph.co.uk/technology/internet/8207621/English-language-has-%20doubled-in-size-in-the-last-century.html



Thesis, no.1, 2015 65

Murati, Qemal. ―Vërshimi i kalkeve‖. Gjuha shqipe, Instituti

Albanologjik i Prishtinës, vol.

3, (1986): 36-37.

―Gjuha shqipe sot - prirje të reja ―evropianizuese‖. Sfida, No. 4

(2004/2005):

217-224.

Vujaklija, Milan. Leksikon stranih reči i izraza. Bot. 3. Beograd,

Prosveta, 1980.

The Oxford English Dictionary and Oxford Dictionaries Online,

http://oxforddictionaries.com/words/the-oxford-english-

dictionary (last visited on 20/06/2013). {online}

http://oxforddictionaries.com/definition/english/globalization

(last visited on 20/06/2013). {online}

―Vestfold University Kollege‖, Oxford English Dictionary Online,

http://www.hive.no/reference-books/oxford-english-dictionary-

article11142-184.html (last visited on 20/06/2013). {online}



http://oxforddictionaries.com/definition/english/globalization




66 Thesis, no.1, 2015

Thesis, no.1, 2015 67

Mistakes that students of English

Language make in using adverbial clauses

of time

Teuta Agaj

Abstract

To know a language does not only mean to know its vocabulary, but how to link the words, the word order in a clause as well as the order of clauses in a sentence, their role and their relations to each other. The relationship of the clauses in a sentence is especially important concerning complex sentences, in which the clauses are not of the same level but show a dependency. So, precisely the adverbial clauses of time are the ones that are highly complicated and create confusion. For this reason, most of the people try to avoid them, and use simple clauses instead, nevertheless, this somehow loses the meaning and originality of the idea. This means that although complex, adverbial clauses of time are crucial in explaining our ideas and thoughts. Based on the great number of the adverbial clauses of time, on the meanings that they convey as well as on the manner how the meaning is expressed, this paper will concentrate on mistakes that students of English Language make when using adverbial clauses of time. It will focus on the structure of the adverbial clauses of time, as well as their use. Key words: clause, sentence, adverbial clause of time, main (independent) clause, subordinate (dependent) clause, subordinator.

Introduction

Adverbial clauses are dependent clauses that function as adverbs.

They are adjuncts and therefore they modify the verb of the main

clause. Moreover, they are easy to identify because they are

Teuta Agaj, Kolegji AAB, email: [email protected]

Teuta Agaj

68 Thesis, no.1, 2015

introduced by subordinating conjunctions. They can be put anywhere

in the sentence: as the sentence opener or as a sentence closer.

Literature review

Adverbial clauses of time are one of the most widely used and most

numerous clauses of all adverbial clauses. Adverbial clauses of time

are introduced by adverbs of time, which are also subordinators, and

express the time of the action of the verb phrase in the main clause

which can be fixed in time, duration or frequency. However,

according to Nuhiu (2002), ―The time relations between the main and

subordinate clauses can be different: the actions can be simultaneous,

one action may follow the other, it may precede the other, it may start

at the moment that the other finishes or it may last till the other

begins, etc.‖ (p. 149).

e.g. She sang as she drove home. – the action of the main clause

and that of the subordinate clause happen at the same time.

He always reads an hour or so before he falls asleep. – the action in

the main clause precedes that of the subordinate clause.

As soon as he wakes up, he turns on the radio. – both actions

closely follow each other.

The baby-sitter sang until the baby fell asleep. – the action of the

main clauses lasts until the action of the subordinate clause begins.

Subordinators that introduce adverbial clauses of time are:

when, whenever, while, as, as soon as, as long as, till, until, since,

after, before, hardly…when, scarcely…when, no sooner…than.

According to Azar (2009), ―When— shows that the actions in the

main clause and time clauses are either simultaneous or follow each

other; Whenever—means ‗at what time‘, ‗no matter when‘ ; While—

means ‗during the time that‘, ‗at the same time that‘ ; As—introduces

a clause in which the action is in progress; As soon as—means ‗at the

moment that‘,‗not later than‘ ; Till and Until—mean ‗up to the time

when‘ ; Since—means ‗from the time that‘, ‗after the time that‘ After—

shows that the action of the subordinate clause of time precedes the

action of the main clause ; Before—shows different order of the

actions‖ (p. 368).

Mistakes that students of English Language make in using adverbial clauses of time

Thesis, no.1, 2015 69

In general, these subordinators express something that happens by

referring to a period of time or to another event and they answer the

questions ‗when‘?, since when? that are used to find out the adverbial

clause of time.

e.g. When I pass this exam, I will be very happy.

He proposed to her after he had known her quite well.

Before you go, bring me some water.

Lisa has lived in that house since she began to study.

I lived in Prishtina until I finished my studies.

When an adverb clause precedes an independent clause, a comma

is used to separate the clauses whereas when the adverb clause

follows, usually no comma is used.

According to Nuhiu (2002), ―Adverbial clauses of time can also be

performed by ‗gerundial clauses‘ which are introduced by the

preposition ‗on‘ which emphasizes an idea of an immediate

succession and by ‗participial clauses‘ which are divided into present

participial and past participial clauses of time‖ (p. 154)

e.g. On arriving home, somebody called him.

Spending all the money, he came back home.

Having finished his studies, he got a job.

―In Adverbial clauses of time, a Present Tense in the main clause

takes a Present Tense in the time clause; a Past Tense in the main

clause takes a Past Tense in the time clause‖ (Eckersley, 1967, p. 338).

e.g. He doesn‘t go to sleep until I read him a story.

She learned about her illness after she visited the doctor.

However, a Future Tense in the main clause takes a Present Tense

or a Present Perfect Tense in the clause of time (Blaganje & Konte,

1979).

e.g. He will study at home until his mother comes.

He will study at home until his mother has come.

Adverbial clauses of time have the same word order as any other

sentence. So, the subject is followed by the verb.

e.g. He came while she was cooking.

I will wait until they call me.

The weather is cold when it is cloudy.

Teuta Agaj

70 Thesis, no.1, 2015

Methods

Based on my experience in teaching English Syntax at the AAB

University, I have noticed that my students have difficulties and make

many mistakes when it comes to using adverbial clauses of time. This

happens for some reasons: first because they cannot make the

difference between the phrase and the clause so whenever they have

to complete a sentence (a main clause) with an adverbial clause of

time they use a phrase instead, for example:

He was having dinner around ten o‘clock. – prepositional phrase

He was having dinner after work. – prepositional phrase

A cow attacked your car yesterday. – adverbial phrases

I will ring you up tonight – adverbial phrase

My brother studied very hard all year. – noun phrase

A cow attacked your car this morning. – noun phrase

Then there are cases when they mix the subordinator, it means that

instead of using a time subordinator, they use a subordinator of

another type of adverbial clauses for example:

The package came where he went in. – place subordinator

My brother studied very hard because he had a lot of exams. –

reason subordinator

Moreover, my students‘ sentences also contain mistakes regarding

the tenses, it means they use different tenses in the main and

subordinate clause and that‘s why their sentences sometimes don‘t

make sense in English for example:

They left before the play is over.

Present Simple Tense is used in the subordinate clause instead of

Past Simple Tense, it means that Past Simple Tense should have been

used because both actions happened in the past.

When Tom got home, we already had dinner.

Past Simple is used in the main clause instead of Past Perfect

Tense, it means that Past Perfect Tense should have been used because

the action in the main clause happened before the action in the

subordinate clause.

Mistakes are also found in identifying adverbial clauses of time in

a complex sentence, whenever they see the subordinator ‗when‘ they


Thesis, no.1, 2015 71

think that the subordinate clause functions as an adverbial clause of

time for example:

When he will come doesn‘t depend on us.

The subordinate clause functions as Subject Clause because it can

be replaced with the word ‗it‘.

They don‘t know when he was coming.

The subordinate clause functions as Object Clause because the verb

‗know‘ is a transitive verb and transitive verbs require an object.

The first thing to discover is when the victim was last seen.

The subordinate clause functions as Subject Complement Clause

because the verb ‗is‘ is a linking verb and the subordinate clause

describes the subject or says something about it.

The year when he graduated was a happy year.

The subordinate clauses functions as a Noun Modifier and it

modifies the noun ‗year‘.

Being aware of the most common mistakes that students make

regarding the adverbial clauses of time, I offer here some exercises

that can provide useful practice for my students in order to improve

the mistakes that I mentioned above. Each type of exercise here is

intended to demonstrate how the adverbial clauses of time answer a

need when we communicate.

Exercise 1: Underline the adverbial clauses of time in the sentences

below.

1. He stayed with his cousins when he was in New York.

2. As soon as the rain began, the children wanted to go outdoors.

3. I had a cup of coffee before I left for work.

4. We won‘t know the results until the doctor calls.

5. We ate something after we went to the movie.

Exercise 2: Add the word in brackets to the correct place in each

sentence.

1. Anna gets home from work, she likes to read. (after)

2. We have to wait here she comes. (until)

3. John comes, we can leave for the cinema. (as soon as)

4. She speaks English, I can‘t understand her. (when)

5. She was shopping, her mother phoned her. (while)

Teuta Agaj

72 Thesis, no.1, 2015

Exercise 3: Complete the sentences by adding an adverbial clause

of time.

1. I saw the movie…………………………………………………….

2. I always take a bath…………………………………….............

3. I went to bed………………………………………………………

4. Do not disturb me………………………………………………..

5. I always brush my teeth………………………………………….

Exercise 4: Choose the best alternative.

1. We will finish the task when the week______.

a.will b.ended

c.has ended d.ends

2.While you______ coffee, a cow attacked your car.

a.have b.were having

c.had d.have had

3.John was having dinner when I _______ him.

a. called b. was calling

c. calls c. have called

4. The last time I ______ in London, the weather was rainy and

wet.

a. had been b.am

c. was c. will have been

5. As soon as my brother knew the location of the thieves, he

_______ the police.

a. was telephoning b. had telephoned

c. telephoned c. telephones

Findings

We have noticed that students complete the sentences with a phrase

and not a time clause as it is required. Another type of mistake found

in the students‘ writings and tests is the use of subordinators, it means

they use different types of subordinators or no subordinators instead

of using time subordinators. We have also identified mistakes in the

use of tenses in a complex sentence, there are cases when they use an

incorrect verb tense in the time clause and as a result the sentence

doesn‘t have meaning and is not grammatically correct. Furthermore,


Thesis, no.1, 2015 73

we have noticed that students also have difficulties identifying

adverbial clauses of time in a complex sentence.

Conclusion

As a conclusion, I think that it is important to recognize adverbial

clauses of time. Students should know that adverbial time clauses

consist of a subject and a full verb and cannot stand alone, it means

that they are dependent clauses. Therefore, we can say that an

adverbial clause does the same function as an adverb or adverbial

phrase.

References

1. Azar.S.B. (2009).Understanding and Using English Grammar.

Prentice Hall Regents Englewood Cliffs, New Jersey.

2.Azar. S.B. (1993). Chartbook. A Reference Grammar. Understanding

and Using English Grammar. Prentice Hall Regents Englewood Cliffs,

New Jersey.

3. Blaganje, D. and Konte, I. (1979). Modern English Grammar.

Drzavna Zalozba Slovenije. Ljubljana.

4.Celce-Murcia, M. & Larsen-Freeman, D. (1983). The Grammar

Book. An ESL/EFL Teacher’s Course. Cambridge: Newbury House

Publishers.

5.Eckersley, C. E. & Eckersley, J.M. (1967). A Comprehensive English

Grammar for Foreign Students, London: Longmans, Green and CO LTD.

6. Greenbaum, S. & Quirk, R. (1990). A Student's Reference Grammar

of the English Language. Harlow: Longman.

7.Huddleston, R. & Pullum, K, G. (2002). The Cambridge Grammar of the

English Language. Cambridge University Press.

8.Nuhiu, V. (2002). English Syntax. University of Prishtina, Prishtina.

9. Radford, A. (1988). Transformational Grammar. A First Course.

Cambridge: Cambridge University Press.

10.Willis, D. (2003). Rules, Patterns and Words. Grammar and Lexis in

English Language Teaching. Cambridge University Press.

Teuta Agaj

74 Thesis, no.1, 2015

Thesis, no.1, 2015 75

Reasons of self-censorship landscape for

journalists

Ramadan Çipuri٭

Abstract

Self-censorship is a phenomenon that in different ways accompanies the professional life of every journalist. According to its effects, self-censorship appears as something "good" and "bad". It is seen as ‗‘good‘‘ when it influences in restricting the passions of individuals who are against moral and social norms of society, but it is quite different when it turns into a cloned individual who follows him, and warn him that he should not make any ideological mistake. This paper will shed light on the main reasons that lead journalists to self-censorship and those reasons are raised in the form of research questions: How does censorship and self-censorship act among journalists ?; What are the factors that influence and support them?; What are the consequences of self-censorship among journalists and media employees? For this study, there will be analysed different authors, supported by concrete facts occurring in media enterprises. At the end of the study it will be given a concrete approach over the main reasons that lead to self-censorship. Keywords: censorship, self-censorship, political control, media owners, advertisers, propaganda.

Overview on self-censorship

Censorship and self-censorship are parts of the same vicious circle.

Censorship produces self-censorship and self-censorship means that

there is an outer pressure for censorship. Such a definition of

censorship - self-censorship relation will help us during this research

* PhD Cand. Ramadan Çipuri, “Hëna e Plotë” (Bedër) University, Tirana, Email:

[email protected]

Ramadan Çipuri

76 Thesis, no.1, 2015

paper to make a thorough and inclusive analysis, not excluding the

functions and instruments that directly influence the individual,

group, society and in particular the media as a form of

communication and power of thought and reaction.

―Ordinary censorship typically provides us with a duality: a

censoring authority and the censored communicator. How does the

notion of censorship get a foothold when censor and censored are the

same person,? We must suppose a duality within that person. One

impulse or desire moves the person in the direction of expressing

something, but some other impulse or desire controls the first.‖1

Evaluation of self-censorship has different meanings according to

the framework it deals with. Defined in different forms, similar to

each other, censorship appears as a practice by which individuals

suppress and restrict their words and actions. Seen in this aspect, self-

censorship, but also censorship have been a study subject in the field

of sociology and psychology. Professor of social psychology at

Standford University, Dale T. Miller, in his book "An Invitation to

Social Psychology" writes about censorship and self-censorship.

According to him,

Expressing and Censoring the Self, ―Self censorship is inherently

neither good nor bad. Certainly, some acts of self censorship reflect a

failure of will, but others…reflect the presence of will power and

bespeak courage rather than weakness. For people to successfully

negotiate their social world, they must have the ability to suppress

their private feelings and thoughts, and equally important, to disguise

the fact that they are doing so… Self censorship is also essential to the

smooth functioning of society. Civilised life would not be possible

were people not able and willing to censor their strongest antisocial

feelings,‖ he writes.2

Seen in semantic terms, censorship and self-censorship are two

different terms, but as mentioned above are part of the same coin and

1 Marlin, Randal. "The Muted Bugle: Self-Censorship and the Press." In

Interpretting Self-censorship in Canada, by Klaus Petersen dhe Allan C. Hutchinson, 290-317. Toronto: University of Toronto Press, 1999:291.

2 Dale, T. Miller. ―An Invitation To Social Psychology.‖ Published by Cengage Learning, 2005. (http://38is.blogspot.com/2012/05/lydia-lim.html)

Reasons of self-censorship landscape for journalists

Thesis, no.1, 2015 77

a vicious circle. ―In censorship, the boundaries are drawn about what

to write or not by the outside powers, such as governments and

companies, so journalists or publisher have no choice but write or

publish as they are directed. On the contrary, in self –censoring issue,

journalists are not told to do things openly, but they censor

themselves, hide some facts that they think would be dangerous to

write.‖3

Self-censorship unlike censorship is a compromise act of creative

personality‘s internal will to suit to the conjectural context of power,

so that it can always be "correct" with the daily politics.

One of the most important writers of the twentieth century, Danilo

Kish, (1935-1989), defines self-censorship:

Self-censorship is reading your personal text with foreign eyes,

when you become self judged, even harsher than any other, as you

also know the thing that censorious will never reveal in your text, the

one that you kept silent and which you will never write in the paper,

but it seems to have been remained 'between the lines'. Therefore,

you add to your imaginative censorious such attributes, which you do

not have. So your cloned personality persecutes your thoughts to the

absurd, till the extreme, where everything is fluctuating, uncertain,

and there is no way out: something dangerous and punitive waits for

you.4

Subject of self-censorship is like a clone of a writer, which follows

him, warning not to make any ideological mistake. And this cloned-

censor is impossible to be clarified. It is just like an all knowing and

overwatching Lord, because he is born from our brain, from our own

fears, our self-illusions - says Kish.

―Self-censorship stretches from a wide understanding, seeing self-

censorship as an everyday practice for any journalist anywhere in the

world, caused by the inevitable selection and de-selection processes

3 Yeşil, Murat. ―The Invisible Threat for the Future of Journalism: Self-

Censorship and Conflicting Interests in an Increasingly Competitive Media Environment.‖ International Journal of Business and Social Science, March 2014: 71-78.

4 Kish, Danilo. a.d. http://www.litdic.ru/avtocenzura (last visited 11.02.

2015).

Ramadan Çipuri

78 Thesis, no.1, 2015

while reporting and editing; to a narrow definition, entailing only

those practices which are performed for the sake of excluding

information from publicity due to felt threats by public authorities..‖5

Self-censorship is difficult to be measured. As such, it is evaluated

according to several light contrasts of identifiable indicators that are

incidents in official censorship. Other forms of evaluation are

imprisonment of media employees, legislation contents on media, etc.,

which helps to establish precisely this comparative scale.

But, how does censorship and self-censorship act among

journalists? What are the factors that influence and support them?

What are the consequences of self-censorship among journalists and

media employees? According to renown writer Zija Cela, editor in the

late 80s of ‗‘Drita‘‘ newspaper (during totalitarian system), "In the

communism period, it was the state that published and the power

bought.‘‘6

Is the journalist self-censored?

In the literature of the social sciences or on those of communication,

you find very often anecdotes that generalize various social behavior.

Such is the history told with the elephants, whose legs are tied with

chains, so they cannot leave. After a while, when they are accustomed

with the steel chains, even if they are released, you find them where

you left, because the chains are recorded in their memory.

Self-censorship can be assessed as something "good" or "bad"

depending on the approach. "Often the worst is not censorship, but

self-censorship," says Bernard Joubert, author of the ‗’Dictionary of

5 Terje S. Skjerdal; Justifying Self-censorship: A Perspective from Ethiopia;

Westminster Papers in Communication and Culture © 2010 (University of

Westminster, London), Vol. 7(2): 98-121. ISSN 1744-6708 (Print); 1744-6716

(Online) 6 Çela, Zija. ―Të gjithë kemi bërë kompromise për të botuar.‖ Gazeta Shekulli,

11.12. 1992.


Thesis, no.1, 2015 79

banned books and newspapers’’ in an interview for the French

newspaper, Nouvel observateur.7

Canadian professor of philosophy at Carleton University, Randal

Marlin classifies the conditions that lead to self-censorship. According

to Marlin, censorship can be classified in several ways.

First, there are the different motives. One common motive is

economic, which could vary from the survival of a newspaper or

magazine to simply fattening an already health revenue. Other

motives might be political, or they might involve the desire to

preserve one‘s life, health, or job.

Second, - says Marlin, - there are different levels at which censorship

takes place. Same cases are purely personal, known only to the self-

censor. Others are institutional, where, say, a higher authority within a

newspaper rules against publication approved at a lower level.

According to the Canadian professor, third, self-censorship might

be thought in terms of the form it takes. To accommodate a

publisher‘s known bias, a reporter might use words such as ‗regime‘

instead of ‗government‘ against his or her better journalistic

judgement.

Fourth, self-censorship might be distinguished in the light of the

different sorts of pressures that make it likely. One large category

would be all cases where formal censorship exists, because self-

censorship tends to be a kind of penumbra extending beyond the

official boundaries of prohibited expression. 8

Various authors present various reasons that encourage self-

censorship.

"What is the most disturbing thing related to the censorship is that

in many cases it is voluntary," writes George Orwell in the foreword

of Animal Farm book: "Whoever has lived in a foreign country for

some times, may find some information, that should have been the

headlines of newspapers but were ignored by the British media, and

7 Joubert, Bernard. L'OBS. 23 01 2013. http://tempsreel.nouvelobs.com/vu-

sur-le-web (visited on 11. 02. 2015). 8Marlin, Randal. "The Muted Bugle: Self-Censorship and the Press." In

Interpretting Self-censorship in Canada, by Klaus Petersen dhe Allan C.

Hutchinson, 290-317. Toronto: University of Toronto Press, 1999.

Ramadan Çipuri

80 Thesis, no.1, 2015

this was not as a result of any intervention by the government. It

seems that there was a silent agreement not to ‗'publish such facts‖9.

Meanwhile, Edward S. Herman and Noam Chomsky list five

different types of filters which operate on the mass media and

promote this phenomenon. These are:

1. Structure and business orientation, ownership and profit

2. Advertisement where mass media rely in most cases

3. Reliance on the information provided by government, business

or experts funded by the above mentioned sources

4. Criticism within the discipline of media

5."Anticommunism" as something similar to state religion that acts

as a controlling mechanism. 10

Fear as self-defense act

Fear as an act of self-defense is believed to be a key reason for self-

censorship. "Seen in this aspect, censorship occurs when journalist

and media are not governed by editorial concerns, but by fear.‖11

―"Fear of losing their jobs or risk for their lives are reasons that force

many journalists not to write about what they have found out and

push them to hide facts discovered as a result of their research. This

act constitutes what we call self-censorship.‖12

Conditions of journalists employment are issues that affect the

quality of the information product. According to a 2012 survey, it was

reported that only 42 percent of surveyed journalists had regular

contracts during employment period, 26 percent had a partial

9Orwell, George. Ferma e kafshëve. Tiranë: Onufri, 2006. 10Herman, Edward S., and Noam Chomsky. Manufacturing consent: the political

economy of the mass media, 1-35. New York: Pantheon Books, 1988. 11White, Aidan. Ethical Journalism Network. a.d.

http://ethicaljournalismnetwork.org/en/contents/fear-in-the-news-the-difference-between-self-censorship-and-ethical-journalism (Vizituar më 12. 02. 2015).

12 Yeşil, Murat. ―The Invisible Threat for the Future of Journalism: Self-

Censorship and Conflicting Interests in an Increasingly Competitive Media

Environment.‖ International Journal of Business and Social Science,

March 2014: 71-78.


Thesis, no.1, 2015 81

contract, while 32 percent of them did not have a contract at all.13 In

the 2013 report, AJU reported that "in the last six months journalists

salaries were delayed in 75 percent of the media, for a period of two to

six months. During this period, 48 journalists had sued the owners for

job dismissal or disrespect of Labor Code.‖14 "The concern was raised

again in 2015 when AJU head, Alexander Çipa noted the lack of

payment of social security contributions for hundreds of journalists

from 1990 until now."15

"If you do not find the courage to overcome fear, self-censorship

will spread, and not only in media.‖16, writes the prestigious British

journal, The Guardian, shortly after the terrorist attacks on the

editorial board of the satirical magazine Charlie Hebdo in Paris on

January 7, 2015.

Propaganda as self-censoring source

Jacques Ellul estimates mass media as one of the most important

instruments for propaganda existence. "Propaganda means a

propagator and someone who receives this propaganda; propagator is

the one who knows; the other group is made by those who do not

know, the fools, as Simiand says. The one who knows, teaches those

that do not know.‖17

"In order to organise propaganda, there should be a focused

media. The impact would be greater if various media are focused on

13 UGSH. Praktikat e punës informale në median shqiptare. Vjetor, Tiranë: Unioni i

Gazetarëve Shqiptarë, 2012: 38. 14 UGSH. Statement of the Union of Albanian Journalists. Tirana. 21 September

2013. 15 Çipa, Aleksandër. Deklaratë për shtyp. Dita e miqësisë, Durres. 24 February

2015. 16 Cohen, Nick. The Guardian. 11 Janar 2015. http://www.theguardian.com/

commentisfree/2015/jan/11/paris-attacks-we-must-overcome-fear-or-

selfcensorship-will-spread (Vizituar më 14 Shkurt, 2015). 17Balle, Francis. Mediat & shoqëritë. Tiranë: Papirus, 2011: 743.

http://www.theguardian.com/

Ramadan Çipuri

82 Thesis, no.1, 2015

the same hand.‖18 "In cases where individuals are connected to a

certain media, may this be a newspaper, radio, television, or any

other, there is a higher possibility of falling prey to propaganda.

Related to the way a medium affects the masses, Canadian

sociologist Marshall McLuhan considers that the same message can

have quite different effects, depending on the transmitting media.

McLuhan states: "medium is the message. What matters is not the

content of the message, but the way this message is transmitted.‖19

Preliminary restrictions

These are the most open and harmful forms of censorship that

cause self-censorship. State authorities through an established system

require prior control of any material destined for publication or

broadcasting. Later, it is formally decided by the censors if this

material will be distributed or not.20

This kind of restriction is found mainly in totalitarian regimes. In

Albania, preliminary restrictions occurred throughout the communist

history from 1945 until 1991. Moreover, in the Constitution of 1976, this

restriction was emphasized even more by the infamous nr. 55 Article

on "agitation and propaganda against the state‖21

Preliminary restrictions are widely observed even in reporting

during the war period. US Supreme Court suggests that censorship on

media during wartime may be allowed in four cases. These four cases

are: (1) denial of access to locations; (2) denial of access to documents

and photographs; (3) punishment for publishing national security

information; (4) self-censorship by the news media.22

18Ellul, Jacques. Propaganda; The Formation of Mens`s Attitudes. New York:

Random House of Canada Limited, 1973:102. 19 McLuhan, Marshall. Understanding Media: The Extensions of Man. New York:

McGraw-Hill, 1964:2. 20 Sturges, Paul. a.d. http://www.ifla.org/files/assets/faife/publications/

sturges/self-censorship.pdf (visited on Janaary 04, 2015). 21 Constitution. ―LIGJ Nr.5506, datë 28.12.1976, Neni 55.‖ Tirana, 28 December

1976. 22 Chapter 3, The First Amendment, contemporary problems, f.87

http://www.ifla.org/files/assets/faife/publications/


Thesis, no.1, 2015 83

Political control over media as self censorship impetus

Thera are several possible forms of such a censorship, where

political control over the media exist. Peter T. Lesson and Christopher

J. Coyne, American scholars of communication, mentioned the

following four factors as a the main ones affecting media

manipulation:

a. Direct control via State Owned Media Outlets

b. Indirect Control via State Owned Media Infrastructure

c. Indirect Control via Financial Pressure

d. Indirect Control via Entry Regulation 23

Direct control via State Owned Media Outlets. Occurs when media are

totally owned by the state and it is not difficult to imagine how the

government could influence the flow of information. These media

enterprises are financed entirely by the state, thus they do not depend

on private shareholders. In the case of public media, it is not difficult

to understand the governmental influence on the media product. Even

nowadays, the Albanian law provides governing bodies of institutions

that monitor the operation of the media sector. Those bodies are

elected with the consent of the parliament.

Indirect Control via State Owned Media Infrastructure. If media bodies

are privately owned, but vital means of production and distribution

are monopolized in the state‘s hands, still government control over

media remains strong. These tools in state hands may vary, such as:

the state monopoly on printing, distribution of newspapers etc.

Indirect Control via Financial Pressure. This is another way of

censorship on media enterprises and promotes self-censorship on

media employees. In addition to public ones, there are also many

private media, which survive in the market competition by just

relying on advertising revenue from the state budget.

Indirect Control via Entry Regulation. Through various instruments

the government may allow or reject the introduction of media

23 Leeson, Peter T., and Christopher J. Coyne. ―Manipulating the Media‖

Institutions and Economic Development 1, no. 2 (November 2011).

Ramadan Çipuri

84 Thesis, no.1, 2015

enterprises. In this way, the rules set by state authorities constitute a

method of control. The rules introduced by the authorities that

regulate the introduction of a new media have a direct affect on media

control and manipulation.

Actions with legal consequences

It leaves room for judging the person in action, as well as an

opportunity to debate on the issue. It allows everyone who has an

information and wants to make it public to think about the

consequences which he/she might face. But the idea that one's case

may face a lawsuit or court order, not necessarily precludes the

individual to act as he wishes. He can publish the information and

accepts to face the law.

For example, if a journalist publishes information that insults,

defames or performs similar offenses against another person, at the

request of the insulted one the case is handled by the respective

courts. In support of the insulted party, the Penal Code articles 119,

120, 121, 122 and 123 provide a series of punishments against the

defendant.

Media ownership

According to the model under which media operate today, reports

between media owners and media employees, including actors that

enable each media output can be analyzed in two ways. Firstly,

according to the logic of market economy where companies intend

maximum financial benefits in a short time. Secondly, according to

reports that the owners have with political representatives (especially

with those in power), and special groups of interest.

A form of institutional self-censorship appears to protect the

owner from the content. "Basically, owners, similarly as politicians, at

public stations operate through personnel policy: Who appoints and

orders editors, checks content trends." (Stephan Russ Mohl: 283)

Talking about relations between journalists and managers,

Information Director at ABC News, Armand Shkullaku says that there


Thesis, no.1, 2015 85

are no professional debates for ideas, topics, investigations etc., but

simply there is a professional editorial control that turns out to be a

control for satisfying the owners.24

Limitations of conformity

These restrictions relate to the fear of going against social

expectations. Restrictions coming from conformism exceed the limits

of personal boundaries. They turn to support tools of censorship and

strengthen its impact. This is more evident in closed groups of small

communities, which may be representatives of ethnicity, religion

etc.―Science also shows clear patterns of self-censorship. Quite

recently a group of editors of scientific journals urged scientists to use

restraint in writing about biomedical and chemical research that could

be used by terrorists.‖25

Reports between media and advertisers

"The influence of advertisers is more obvious in times of

economical crisis, when a structural dependence from advertising is

created, because those who do not provide a good advertising

environment cannot catch the advertising market. "(Russ-Mohl

2010,284)

Advertisings is one of the primary objectives of the media owners.

Seen in this aspect, the ratio between the media and advertisers

appears in two directions; First, the designing of such programs or

sections that attract as much advertising as possible. Secondly, the

relation with advertisers turns into a dependence relationship to one

another. As a result media fears to provide information that oppose

the interests of the other party.

24 Shkullaku, Armand. ―Karakteristikat e menaxhimit redaksional në Shqipëri

dhe Kosovë.‖ In Media në demokratizim, Grup autorësh, 180-184. Tirana:

Papirus, Fondacioni Konrad Adenauer, Departament of Journalism and

Communication, 2015. 25 Sturges, Paul. a.d. http://www.ifla.org/files/assets/faife/publications/

sturges/self-censorship.pdf (visited on 04 Janaary, 2015).

http://www.ifla.org/files/assets/faife/publications/

Ramadan Çipuri

86 Thesis, no.1, 2015

―When businesses threaten to sue over critical investigative

journalism pieces or to cancel advertising, an editor or news director

must decide whether to use a provocative story, even if it risks the

loss of revenue or the loss of his or her own job. Thus self-censorship

resulting from this dilemma, and others, may be the most prevalent

form of censorship influencing the content of the media.‖26 About this

phenomenon Marlin says: ‗‘When newspapers are ruled by

advertising, it is difficult to believe that editorial content will be

completely honest‘‘.

According to Herman and Chomsky ―the power of advertisers

over television programming stems from the simple fact that they buy

and pay for the programs – they are the patrons who provide the

media subsidy.‖27

Pressures of ethnical and religious groups

In an editorial titled Why I published those cartoons, Flemming Rose,

the culture editor of the Danish newspaper Jyllands-Posten explains the

reasons why on September 30, 2005 he decided to publish cartoons of

Prophet Muhammad. The main reason that Rose says is the significant

increase of self-censorship among journalists and artists about the

contents published on the elements of Islam.. Rose argues that the

attempt to take a step against the violation of free speech and self-

censorship of journalists justifies what happened.28 It is exactly this

way of thinking and acting, which promotes the fear among

journalists about the way they should report. These clashes with

ethnic or religious character push journalists to self censorship.

26Johnson, Nicholas. Global Issues, media and ethics (Department State) 6, no. 1

(2001): 6-9. 27Herman, Edward S., dhe Noam Chomsky. Manufacturing consent: The

political economy of the mass media, . New York: Pantheon Books, 1988: 16 28Rose, Flemming. Washington Post. 19 Shkurt 2006.

http://www.washingtonpost.com/wp-

dyn/content/article/2006/02/17/AR2006021702499.html (Vizituar më 20

Janar, 2015).

../../../Downloads/Rose,%20Flemming.%20Washington%20Post.%2019%20Shkurt%202006.%20http:/www.washingtonpost.com/wp-dyn/content/article/2006/02/17/AR2006021702499.html%20(Vizituar%20më%2020%20Janar,%202015).





Thesis, no.1, 2015 87

Information Sources

‗‘If journalists would focus mainly on official information, they

would return to official turntables, while the concept of freedom of

the press would have very little to do with the rights of citizens to be

informed.‖29 ―Often, materials of high sensitivity come from sources,

which must remain anonymous in order to protect themselves.‖30

"But, sources of information, beyond the importance it may have for

the journalist, may turn into a pressure on media employees.

On the other hand, there are some people who think that multiple

sources of information can cause dependency and problems while

reporting. According to Kovac and Rosenstiel, it is much more

appreciated the use of anonymous sources for factual material, than

the use of anonymous sources which express opinion.31

Ethics and public policy as self-censoring means

Thera are very few ethicians who would say that lying, or similar

terms that are considered negative, are actions that can never be

morally justified.

On the influence of ethics and public policy on censorship, Randal

Marlin says that there are some cases that it can be justified. Such may

be the desire to reduce ethnic violence, by not publishing it, journalists

and editors precede igniting a violent atmosphere in public. Marlin

adds that even if so, there are strong arguments that such facts should

be reported.

Marlin estimates that there exist data proving that when news

distributors are not trusted, people rely for information on alternative,

unscrupulous sources, including traditional propaganda and rumors

29 Wilhelm, Patricia. ―Mbrojtja e burimeve të informacionit. Media: Rrugët

drejt lirisë.‖ Në Diskutim për etikën, nga ISHM, 147-152. Tiranë: Instituti Shqiptar i Medias, 2007.

30Kovach, Bill, dhe Tom Rosenstiel. Si të njohësh të vërtetën në epokën e mbingarkesës së infomacionit. Tiranë: Instituti Shqiptar i Medias, 2014:83.

31Kovach dhe Rosenstiel: 84

Ramadan Çipuri

88 Thesis, no.1, 2015

network. Also, due to the existence of new means of communication

such as fax and Internet, self-censorship is not likely to work.32

But what legitimizes hiding the truth? Should the possible social

consequences of terrible exaggerated materials publication be

thought? What about those dealing with violation of individual‘s

dignity and attracting public's attention?

The policy of contempting such questions based on the view that

the information industry will be involved in moral assessments,

transforming so into an elitist approach, does not seem right.

According to research scholar Marlin, what should be carefully seen is

whether self censorship criteria is applied in an objective and non-

selective way against a group or disadvantaged group.

There can be an excuse in situations when dealing with stereotypes

of certain ethnic and religious groups or other groups similar to them.

This attempt to cover up the truth and to combat false stereotypes

may be acceptable to the point of not stressing the facts that support

the existing distortion, but it should not favour the counterfeiting of

reality.

It is important for journalists, editors and publishers to be vigilant

against various pressures that distract them from their central

mission. They should be fair in performing their job to inform the

public, despite these pressures, whether they are motivated from

various social forms or not.

Conclusions

This paper is mainly focused on the definition of self-censorship,

viewed in the light of different authors and renowned scholars of the

field.

What should be clarified is that self-censorship, unlike censorship is a

phenomenon that cannot be measured in an exact manner. Even if it is

agreed that this kind of censorship is a key characteristic of repressive

media environments, groups and press freedom organizations face

the challenge to determine the level of self-censorship and the basis of

32Po aty


Thesis, no.1, 2015 89

specific indicators. In so doing they can make the difference between

different countries and media enterprises.

What is clearly observed is that the causes that lead journalists to

self-censorship are similar, beyond the level of democracy in which

the respective media operate.

Despite the various instruments used for control, the desire of

politics to influence the media remains almost the same in developed

democracies, developing countries, and even in totalitarian ones.

The pressure of media owners, their relations with state agencies

and advertisers still remain important sources of self-censorship.

The conditions in which journalists work, insecurity and fear of job

loss are other self- censoring elements that force journalists to be part

of media propaganda at the department where they belong.

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Ramadan Çipuri

92 Thesis, no.1, 2015

Thesis, no.1, 2015 93

The issue of Kosovar identity

Donik Sallova

Abstract

With the re-proclaimed independence of Kosova on 17 February 2008 and with the foundation (establishment) of Kosova‘s state among the public opinion began to circulate the idea that ―since Kosova became a state, now we can also find the ―Kosova nation‖, because every state should have his own nationality, different (divers) by other national-states. The aim of this study is to argue that the idea of the Kosova state has not born with the purpose to create the new national identity of Kosova‘s people (so the Kosovo nation) because the Albanian national identity of Kosova has been solid, established and determined. Besides the political unit not necessarily imposes the changing the national identity of the people (even if in the occupation circumstances). In fact, the efforts of Kosova people for liberation, independence and state building had the aim to protect guarantee and cultivate their determined and formed Albanian national identity which was being violated by Serbia. The paper will explain the idea that the ―Kosova identity‖ as the ―new national identity of Kosova‖ is more an artificial construction that ignores the historical and political conditions on the road of Albanian of Kosova for independence, than a real natural identity aspiration of Kosova‘s people. Moreover, this idea is in contradict with the theoretical principles of modern nation building in general. At the end, will be concluded that Kosova state was projected from elites and the people of Kosova as a second Albanian state, temporarily unable for the union with the (natural Albanian state), Albania, so the ―Kosova‘s identity‖ is only an Albanian sub-identity with distinguished characteristics, but this is normal for all the modern national identities. As an actual obstacle of natural compliance of the Albanian identity with the state of Kosova are the ―Ahtisaar principles‖ of the actual Republic (the republic of 17 February); which the political elites of Kosova after 2007 accepted as a compromise for the ―recognition‖ of Kosova independence from the Security Council of UN (even after this compromise the council does not recognize Kosova‘s independence). Key word: Identity, nation, state, Kosovar, Albanian.

Donik Sallova, PhD Candidate, Regular lecturer at the Faculty of Public

Administration, AAB University, Pristina, e-maili: [email protected]

Donik Sallova

94 Thesis, no.1, 2015

Introduction

With the re-declaration of independence of Kosova on 17 February

2008 and with the foundation of Kosova‘s state among the public

opinion began to circulate the idea that ―since Kosova became a state,

now we can also find the ―Kosova nation‖, because every state should

have his own nationality, different (divers) by other national-states.

The propagation of this idea was stimulated especially by the fact that

the re-declaration of independence of Kosova was possible, relying on

―Ahtisaari proposal‖, which designed the multi-ethnic premises of the

future state of Kosova. So, according to the supporters of ―Kosova

nation‖, Kosova by declaring the independence on 17 February 2008

and building the state under the multi-ethnic premises, actually has

declared also the national independence! The state of Kosova declared

the independence from Serbia and made the commitment to not be

united with any other state with clearly here we have an intimation

(allusion) for Albania (it was sanctioned in the proposal of Ahtisaari).

The Kosova state is pretending to be the fundamental purpose of the

people of Kosova. Therefore, if the greatest aim of people is the

independence as a purpose in itself, then the citizens between

themselves will union on a new political identity which is the state of

Kosova. In a manner of speaking, this ―common will‖ will present the

foundation of ―Kosova‘s political nation‖.

However is possible the creation of the ―Kosova‘s multi-ethnic

political nation‖? Has been this the purpose of the efforts for

independence, freedom and liberty by Albanians of Kosova for nearly

a century, so they could found the Sovran state and after that the

―new nation‖? Or the war for liberation and independence of Kosova

from Serbia has intended only a pragmatic step toward the union of

the only national state, with the Republic of Albania? Serbs of Kosova

have taken part in the liberation war for Kosova‘s Independence or

they fought and even today they fight against the Kosova‘s

independence? The Republic of Kosova is the second Albanian state in

the Balkans or a new state with a ―new nation in formation‖? The


Thesis, no.1, 2015 95

national identity and the state identity exist in parallel when they are

not unified with each other?

The above questions pose dilemmas and claims raised in Kosova‘s

public opinion last years, especially after the declaration of

independence. This paper aims to argue that ―the idea of the state of

Kosova and its realization was the project of the elite and the

Albanian people of Kosova as a mechanism to protect guarantee and

cultivate the Albanian national identity of Kosova, unable to unite in a

unique national Albanian state. As well, this research will prove that

the ideas on ―multi –ethnic society or multi-ethnic identity in Kosova‖

are improvisations and constructions that do not stand. Furthermore,

these ideas are contrary to the theoretical principles of the foundations

of national identities, as with the historical and political attempts of

the people of Kosova (Albanians of Kosova) for liberation and

independence from Serbia.

Does Kosova need to build a new Kosovar national identity?

First, with the acceptance of ―Ahtisaari proposal‖ by the Albanian

political elite of Kosova, that represented Kosova in negotiations with

Serbia and the international community in order to define the ―final

status of Kosova‖ was made a ―big compromise‖ which alienated the

very nature of the idea of independence and state of Kosova. With this

act the political elite deviated the road of independence of Kosova,

from a second Albanian state in the Balkans to a multi ethnic state

where the Albanian Nation is not recognized as the nation-founder of

state of Kosova, but is reduced (in the name of equality) to a

community equal with other minority communities, those

contributions in the major part has been hostile to the political will of

the Albanian majority for liberation and independence.

Furthermore, on this basis is clear that this deviation and

alienation of the idea of Kosova state have affected the creation of

claims, mainly by anti-Albanian circles, since was reached the

prohibition of the project of ―Kosova as the other Albanian state in the

Balkans‖, already started the imposition on the project for the

alienation of the Albanian identity of Kosova. The realization of this

Donik Sallova

96 Thesis, no.1, 2015

project was started by imposing new symbols, so-called state symbols

in which were prohibited each Albanian element. On the flag of

Kosova, except the map was not included none of the national

identifying elements of Albanians, meanwhile the hymn was left

without text not coincidentally. According to Benedict Anderson: ―are

precisely national hymns, poetries or national songs the singing of

which, among others, makes the evocation or ―imagination of the

common community‖, so of the nation‖1. Because, as also a known

connoisseur on the identity issues, the French writer with Lebanese

origins, Amin Maalouf, ―identity first is an issue of symbols, even an

issue of appearance‖2. So, new state, new symbols, new identity and

the new nation! So this is the tendency and the platform on which are

working those who are pretending to create ―the new national

identities of Kosova‖.

Hence, the main question raised in this paper is: which is the new

identity aspiration of people of Kosova and how can we evaluate this

aspiration? Or, which is the connection between the idea of Kosova‘s

independence and the identity of the Albanian people of Kosova?

Before returning to the theoretical obstacles of the project on the

―Kosovar nation‖, which are neglected furtively by ―kosovar‖, should

be said that the attempts and the liberation war of the Albanian

people of Kosova for liberty and independence has been an effort and

a war first of all for national liberation and not a war for state-nation

building. The whole resistance, nearly a century of Albanians of

Kosova aimed the realization of the right denied by the International

Conferences as London Conference (1913) and the Conference of Paris

(1919), therefore their aspiration for liberation and the union with

Albania, respectively, for independence and the foundation of the

state of Kosova must be understood as continuity of the process of the

Albanian national building. Respectively as a process of consolidation

of the nation till the formation of the unique national Albanian state.

According to the modern theoretician of nationalism Ernest Gellner,

1 Benedict Anderson ―Imaginary communities‖ – Reflection on the origin and the

spread of nationalism (Tiranë: 2 Lindje & 2 Perendim, 2013), 193. 2Amin Maalouf, Killer identities (Tiranë: Onufri, 2006), 112.


Thesis, no.1, 2015 97

―the sentiment of nationalism is deeply offended by the violation of

the nationalist principle of the compliance of the state with the

nation‖3. Thus, under the modernist outlook of nation and

nationalism that is represented by the authority of Gellner, nations in

order to realize their nationalist aspiration (that‘s how they realize

themselves) should create their own national state. The Albanian

nation, as all other free nations of Europe and World aspired the

creation of their own national state which would include within

borders all the people who lived historically in those territories. The

fact that the national state in 1912 was not recognized by the Great

Powers and was invaded by state Balkan neighbors, does not mean

that the Albanian nation was reduced in those territorial borders

assigned to the Republic of Albania.

In this line of nation-building after 1912, precisely the nation-

consolidation of the Albanian national part left outside the national

state which was declared on the Assembly of Vlora, the idea of

independence and of the state of Kosova constitutes an idea of

Albanian nationalism, which was projected more concretely by the

political and intellectual elites of Kosova during the years 1990, as a

pragmatic step against the other nationalist movements of Kosova

who fought for national union (known as ―Illegal‖). The project of

independence of Kosova from Serbia who initially aimed the

realization through the request for equality with other federative units

of the Yugoslav Federation at that time, subsequently with the

secession and full sovereignty from this federation, thus it wasn‘t a

project with pretentions of ―Kosovar national-building‖. State of

Kosovo become a necessity to protect, guarantee and to cultivate the

Albanian national identity of Kosova, whom all along the XX century

was intended to extinct through classical forms of colonialism, apart

aid and ethnic cleansing of Albanian people of Kosova by the Serbia

state politics.

Therefore, not always the political unit responds to the aspirations

of the nation, especially when this political unit is not the result of

self-determination, but is the result of the imposition of invading

3 Ernest Gellner, Nations and Nationalism (Prishtina: Rizoma, 2009), 221

Donik Sallova

98 Thesis, no.1, 2015

forces or geo-political global circumstances. Furthermore, not always

the new political unit means also the formation of the new national

identity. Such has been the case of the Albanian nation, one century

after independence and national self-determination; it was in the

process of fulfillment of this substantial principle of nations, the

formation of the unique Albanian national state. The part left outside

the national state in 1912, naturally enforced becomes part of other

invasive political units, especially Serbia- Yugoslavia. But being part

of another political unit, not voluntarily does not mean that the

national identity should adapt itself to another political unit. In fact,

the purpose of Serbs in Kosovo has been the formation of a new

national identity for Albanians, a new identity as different as possible

from Albania. The proclamation of ―Yugoslav identity‖, respectively

the purposely difference Serbia used to do with Albanians from

Kosovo by Albanians of Albania, the first were called ―siptari‖ and

the seconds ―albanci‖. This was done ―for reasons of obstacle the

political orientation of Albanians of Kosovo from Albania‖4 and also

in order to gestate the seeds of the new national non-Albanian identity

of Kosova.

Furthermore, a major part of the cultural and political elite of

Kosova as a Yugoslav region (predecessors of Kosovars), being

educated and socialized in the main capitals of ex-Yugoslavia as

Beograd, Zagreb, Sarajevo (etc.), Created the conviction that nations

and peoples of these ex-federation may merge under ―one common

Yugoslav identity‖, so this was the way to be followed also by

Albanian of Kosova. As a matter of fact was precisely the bilingualism

of the intellectual formation of the other dominant part of the

intellectual elite of the years 1970 and 1980, was exactly this that

would help in strengthening consciousness as a need for the national

revival of Albanians of Kosova. It is similar to what Benedict

Anderson writes on ―Imaginary communities‖ on the role of bilingual

4 Oliver Jens Schitt, Kosovo: Kurze Geschichte einer zentralbalkanischen

Landschaft ( Prishtinë: Koha, 2010), 181


Thesis, no.1, 2015 99

intellectual elites of colonialized countries played in the formation and

the rediscovery of their national identities and in the liberation wars5.

Another argument that the political unit not necessarily is the basis

for the formation and changing national identity, is also the fact that

the Albanians of Kosova had their own political unit, known as an

autonomous province even under Yugoslavia, but their aspirations for

advancing of this unit from Province to Republic was not realized

because they wanted to form a new national identity through

advancing the autonomy of the unit. Quite the opposite, Republic was

aimed because this way was consolidated, promoted and guaranteed

the Albanian national identity of Kosova on an equal level with other

nations of Yugoslavia. Precisely the identification of the requests for

Republic with the protection and cultivation of the Albanian national

identity of Kosova, was the reason why was denied this progression

on the Yugoslav Federation, they even devaluated the autonomy of

Kosova. Albanian nation in Yugoslavia was ―reduced‖ on the level of

―nationality‖ or, ―national minority‖ (narodnosti) in Yugoslavia, but

without the right to self-determination to have a Sovran political unit

in Yugoslavia, because it was considered that Albanians (as

―minority‖) had their own national state (Republic of Albania) that is

why they cannot have a second state, on this case Republic of Kosova,

as a second Albanian state inside Federation of Yugoslavia.

―Albanians in Yugoslavia were treated as a national minority,

although they were the third nation in Yugoslavia after Serbs and

Croats‖6

Therefore, even if the re-declaration of independence of Kosova on

17 February 2008 it seems as an act of political willpower of peoples of

Kosova, the imposition of the nature of the state of Kosova as a multi-

ethnic state constitutes equally an obstacle to the promotion of the

Albanian identity of Kosova same as when it was stopped,

interrupted and obstructed by Serbia- Yugoslavia. ―The Kosovar state

of Ahtisaari‖ allows the promotion of the Albanian identity of Kosova

5 Benedict Anderson ―Imaginary communities‖ – Reflection on the origin and the

spread of nationalism (Tiranë: 2 Lindje & 2 Perendim, 2013), 157 6 Gazmend Zajmi, Work 1 ( Vepra1), (Prishtinë: ASHAK, 1997), 19.

Donik Sallova

100 Thesis, no.1, 2015

only on a private level and apolitical, meanwhile on the state and

institutional level, he requested that the state symbols ―to represent

the multi-ethnic character of the Kosovar society‖! In effect, this

condition would not be a problem if would be allowed to represent

truly the ―multi-ethnic‖ identity, insomuch as is multiethnic the

Kosovar society: those symbols would contain 90 % identifying

Albanian national elements and 10 % of the identifying national minor

elements for Serbs, Turks, Egypt‘s, Rumen, Ashkali of Kosova. But

this doesn‘t happen, symbols that were imposed are not representing

nationally anyone in Kosova, but in substance they deny in particular

the identity of the major identity: Albanian nationality. The idea of

the Kosova independence was the idea and effort of the Albanian

people of Kosova in order to solve the unsolved situation of Albanians

in the Balkans and the Ahtisaari conditions violates this line of

thought.

Through the ―Ahtisaari package‖ were guaranteed the

preservation and the cultivation of their national identity, especially

Serbs, which are the most known political and institutional

nationalities in Kosova (as compared with the majority as well with

other minorities), meanwhile the Albanian majority is not mentioned

anywhere. Where it comes to the Albanian people of Kosova, so,

when should be accentuated the fact that Kosova is 90% Albanian, it‘s

said ―All communities in Kosova‖. Hereupon, this is the formula on

which is intended the promotion of the ―Kosovar identity‖, as a new

national identity of Kosova, but this only against the Albanians of

Kosova and not against other national minorities which have

guaranteed their national cultivation and protection.

The question raised on this point is: how and why should be

formed the Kosovar nation when the people of minorities are

protected on their respective national cultivation? The ―Kosovar

nation‖ should be created only by Albanians of Kosova? Why? For

what fought Albanians of Kosova to protect their age-long identity

which was violated with extinction or to form a new national identity?

If the purpose was the second one, then there wouldn‘t have been a

war at all because Belgrade itself policy had the purpose to create a


Thesis, no.1, 2015 101

new national identity in Kosova, whatsoever a Kosovar identity, a

Muslim identity, only not an Albanian national identity!

“Kosovar nation” as a prejudice, misunderstanding and phobia

Despite what was said above, in Kosovo has publicists, opinionists

and columnists, which think that Kosovar identity should be formed

(1) due to differences that exist between Albanians of Kosova and

Albania, (2) due to the fact that we have the independent state and

people of Kosova should form also their own national identity and (3)

each aspiration to unification Kosova and Albania, as a fulfillment

phase of the Albanian nationalism and realization of self-

determination would provoke discontent among neighbor states and

international community. According to them, ―Kosovar nation‖

would be a nation with Albanian ethnic base, but with distinctive

identifying features with gegënishte as language, the existence of the

Kosovar state and ―the willpower of the international community‖

(read: Albano phobia of neighbor states)

Regarding to the first motif of ―kosovarists‖ that ―Kosovar nation‖

should be formed because has ―huge‖ differences between Albanians

of Kosovo and Albania, it must be said that this motif is similar to

Serbia purposes to emphasize as much as possible the differences

between Albanians, in this way to unidentified Kosova with the

Albanian. In essence, even if this difference exists, this motif would be

more a prejudice than a sufficient reason, to establish a new nation,

substantially unique. Since when the half part remained outside the

national state in 1912, for a century are developed two different socio-

political realities, inside and outside Albania, and this created specific

differences between these realities, but this is more as a result of no

communication. However, these differences are not of this dimension

is not enough to affect Albanians of Kosova and Albanians of Albania

as much as to not knowing more each-other and to see on each other

more differentials than unified characteristics.

The social, economic and cultural differences are more

consolidating nationally on other societies than the Albanian nation,

but this reason is not an incentive that every single sub-identity to be

Donik Sallova

102 Thesis, no.1, 2015

motivated to separate from the complementary identity that formed

these nations and national states. If exist specific differences between

Albanians of different territories as a consequence of their division

since 1913 than is more logical and easier the process of strengthening

the national culture, which has historical, lingual and cultural bases

than the political enterprise to found the ―new Kosovar nation‖. All

the nations in their process of nation-building had specific differences

in their societies, extended in very large and distant territories

compared to the size and distances of Albanian territories, but as the

nationalist theoretician Anthony D. Smith says, national state after

their establishment build their identity and unique national culture

through national - state policy of ―public education, mass media and

socio-cultural politics‖7

If so far, the Albanian nation has preserved the sense of unity

based on historical bases, ethnic, blood and common myths, as all the

ethnic nations do, now is the time and the possibility that in the

process of nation-consolidation to potentate national culture as a

modern process apply by all the other European national states. ―The

duty of identity building started at the end of the XVIII century and

allowed the creation of nations not only doesn‘t end with state-

nations, but it intensifies and systematizes‖8. So, the process of

formation and consolidation of the identity and national culture is a

constant and unstoppable process.

Regarding to the second theme provided by Kosovars that the

foundation of the political unit consequently leads to the foundation

of the nation, as a principle is quite the opposite with theories of

nation-building, because we all know that nations are formed before

the state and the state is built precisely in the name of the nation and

for its interest (based on the dominant cases of ethnic-cultural

nations). Even as above was sad according to Gellner this represents

the fundamental aspiration of each modern nation, which have to

7 Anthony D. Smith Nations and Nationalism on the globar era ( Tiranë: Botimet

Dudaj, 2010), 104 8 Anne-Marie Thiesse, The creation of the national identities – Europe of XVIII-XX

centuries (Pejë: Dukagjini, 2004), 296.


Thesis, no.1, 2015 103

create the national state with the borders of the national culture. So,

Kosovars confuses state-building with nation-building which in

substance are two different things. Meanwhile, even the political or

citizen nations of Europe as the French nation or English nation which

are considered as ―citizen nations‖, their national culture is

dominated by the main ethnicity. As Smith says, civil nations are not

as tolerant as propagated, ―because civil nationalism as a price for

citizenship and its benefits, often requires the submission of

community and ethnic individuality, the ‗privatization‘ of the ethnic

belief and avoidance of culture and ethnic heritage of minorities

inside the borders of the national state‖9. In the hypothetical case of

the ―Kosovar political nation‖ the possibility of the cultural

dominance of Albanians as the predominant ethnicity of Kosova is

excluded and prohibited totally (by Ahtisaari package). So, the

―Kosovar nation‖ utterly means the alienation of the historical, ethnic

and cultural identity of Albanians of Kosova.

The third dilemma of ―Kosovarist‖ has to do with the ―risks of

regional and international destabilization‖ in case that the state of

Kosova changes the line wherein have placed: the de-Albanisation

line. This prejudice that ―if Kosova is declared as a national Albanian

state and articulate the union with Albania the region will be

destabilized‖, in fact is more a dilemma than a phobia. Maybe this line

of thinking has to do with the ―vice of survival‖, characteristic for

Albanians, which historically survived from the plans of state

neighbors not realizing never what the dignity of a nation is

(founding the national state). Denying of the autochthon Albanian

people of Kosova the right to have their second Albanian state and the

national union with the Republic of Albania, Kosovarist are justifying

the propaganda that people of Kosova are allowed to ―vegetate‖ in

Kosova, but the territory, land and everything on it is property of

Serbia (as a state that sees Kosova as the cradle of the Serbian nation).

This is a denial of the right of self-determination to a person which

has every characteristic of free people who exercised and fought for

9 Anthony D. Smith Nations and Nationalism on the globar era ( Tiranë: Botimet

Dudaj, 2010),114

Donik Sallova

104 Thesis, no.1, 2015

the right of self-determination. Free nation would never exercise the

right to create a new national state only because this is the willpower

of neighbor states. This vassal mentality concepts ―Kosovar nation‖ as

created and depended by the anti-Albanian willpower of neighbor

states.

Final reflections

The idea of ―Kosovar state‖ is ahistorical, because: 1- neglect the fact

that people of Kosova have been part and is part of Albanian nation-

building and nation-consolidation; and 2. Cannot be pretended that

the formation of a new nation (totally new) at the beginning of the XXI

century, when nations have passed in the fourth century of

modernity. As a consequence the idea of the ―Kosovar nation‖

becomes also a non-theoretical because the nation as a modern

phenomenon the features and standards were built in the XVIII and

XIX century, meanwhile the XX century more that the creation of the

new nations, is characterized by the process of nation-consolidation

and the formation of the national nations who weren‘t liberate and

haven‘t created their own national states. Furthermore, needs to be

seen if the XXI century will be the dominant century of global politics

by modern nations (ethnic and civil) or from mechanisms and

supranational organizations. But what is sure till now is that the XXI

century will not produce standards, criteria or new type for nation

which will be born henceforth, maybe they will not even be called

nations, but ―something postmodern‖. Something postmodern will be

also the ―idea of Kosovar nation, but no way the national reality of

Kosova.

According to Anne-Marie Thiesse a nation in order to be with

dignity for this label must have completed symbolical and material

components as: ―a history that continues the continuity with the great

ancestors, a series of heroes as model of national virtues, one

language, some cultural monuments, a folklore, historical places and a

typical panorama, special mentality, some formal representations –

hymn and flag- and some scenic identifying features- clothing,


Thesis, no.1, 2015 105

specific dishes or emblematic animals‖10. So even if you take it

separately or all together the elements of this list, would be impossible

to fabricate any ―Kosovar national identity‖, because all the elements

of Kosova are identified always as an ingredient of the Albanian

nation. Excluding the flag and the actual hymn of Kosova, by which

are identified administratively only the state institutions and political

elites that deviated the idea of state of Kosova, we can find only

authentic elements as Albanian, but not as Kosovar or Serb (since

Serbs pretend that Kosovo is their cultural cradle).

The permanent and continuity of efforts by Kosovars inside and

outside Kosova state institution in order to no-identify Kosova with

Albanian national features will make the state of Kosova increasingly

foreign for the major part of people. If the state of Kosova will not

represent, guarantee and cultivate the historical identity of its

Albanian people, than this Republic will be an unacceptable unite for

Albanians same as it was the political unit of the autonomous region

of Kosova under ex-Yugoslavia. A nation with dignity does not stop

the attempts till the political unit responds to its demands. The

process of remaking state of Kosova will be a necessity so that

Albanians of Kosova protect their historical national identity.

―Kosovar identity‖ it‘s nothing else than the Albanian identity of

Kosova, an Albanian sub-identity that has always been as such. The

pretense to build the ―Kosovar nation‖ on the characteristics of

Kosovar identity is impossible because Kosova is one of the identity

icons of the Albanian nation. The project of ―Kosovar nation‖ is not

built on one formed identity, but aims to alienate a historical, age-long

formed identity, such as the Albanian identity of Kosova. The

―Kosovar nation‖ and the ―Kosovar identity‖ are two different

phenomenon‘s: the first is the plan (of Serbia) to make impossible the

realization of the Albanian state of Kosova and the second is the

Albanian identity of Kosova. Until then, when the Albanian identity

of the people, geography and history would not be also the identity of

state – institutions of the Republic of Kosova, we cannot say that the

10 Anne-Marie Thiesse, The creation of the national identities – Europe of XVIII-

XX centuries (Pejë: Dukagjini, 2004),

Donik Sallova

106 Thesis, no.1, 2015

issue of Kosova, as part of the unsolved Albanian issue on the Balkan,

is solved. In one way or another people of Kosova will require the

rebuilding of the state until it fits to the image and the reflection of the

Albanian national identity. Maybe this will be the third Republic of

Kosova.

Bibliography

Anderson, B. Imaginary communities – Reflection on the origin and the

spread of nationalism Tiranë: 2 Lindje & 2 Perendim, 2013

Maalouf, A. Killer identities Tiranë: Onufri, 2006

Gellner, E. Nations and Nationalism Prishtina: Rizoma, 2009

Schitt. J. O , Kosovo: Kurze Geschichte einer zentralbalkanischen

Landschaft , Prishtinë: Koha, 2010

Zajmi, G. Work 1 ( Vepra1), Prishtinë: ASHAK, 1997

Smith. D . A, Nations and Nationalism on the globar era, Tiranë:

Botimet Dudaj, 2010

Thiesse, M.-A. The creation of the national identities – Europe of XVIII-

XX centuries, Pejë: Dukagjini, 2004

Thesis, no.1, 2015 107

Transformation of ownership –

privatization in Gjakova municipality

Period 1990 – 1999

Albert Baraku

Abstract

Many difficulties accumulated over the years, which socialism as a socio-economic formation produced, precipitated uproars and political and economic shocks in several countries of the Eastern Bloc in the beginning of 80s. Poland was the breaking ground and subsequently, the waves of uproar, through Kosovo, reached the country formerly called Yugoslavia. There was no stopping to this turmoil, and in due time, it encompassed all the countries of Eastern Europe and even farther, generating its first concrete impact on collapsing the socialism as a socio-economic formation in the beginning of 90s. It also engulfed USRR (Russia), as the genesis, the place where socialism sprung. It was obvious that some changes in the eastern bloc countries were needed as the socialist economy deteriorated to the extent that it brought nations to the brink of mere existence, losing all its former glamour. The analysis of that time of the issue at hand point out, inter alia, the issue of undefined ownership, as the property back then was either state owned or socially owned (in former Yugoslavia), and it was not private property like in capitalist countries where the economy was intensively blooming. Against this background, there was some organizational transformation in the economy of Gjakova municipality at that time, which preceded the proper ownership transformation – the privatization. This paper shall shed light into: - What actually happened in the economy of Gjakova municipality

during these ten years; - The way how the capital transformed pursuant to law; and

Mr. Albert Baraku mr.sc.ek., Kolegji AAB, [email protected]

Albert Baraku

108 Thesis, no.1, 2015

- Assessment of the results achieved under those Kosovo business conditions.

As per data obtained from the enterprises in Gjakova municipality, this topic concerns a certain period of time, which insofar, nobody has actually tackled, analyzed nor evaluated from this perspective. On the other hand, this is a widely controversial issue discussed for years, before and after the Kosovo war, by the economic and political community of Kosovo. As the period of ten years, 1990 - 1999 represents the end of the Former State of Yugoslavia and the Beginning of the Establishment of new States from Its federal constituent elements, this document has special importance.

Foreword

Many difficulties accumulated over the years, which socialism as a

socio-economic formation produced, precipitated uproars and

political and economic shocks in several countries of the Eastern Bloc

in the beginning of 80s. Poland was the breaking ground, because of

the plight and grave economic condition. The waves of uproar,

through Kosovo, reached the country formerly called Yugoslavia,

because of economical and political problems, too. There was no

stopping to this turmoil, and in due time and without disruption, it

encompassed all the countries of Eastern Europe and even farther,

generating its first concrete impact on collapsing the socialism as a

socio-economic formation in the beginning of 90s. It also engulfed

USRR (Russia), as the genesis, the place where socialism sprung.

It was obvious that some changes in the east bloc countries were

needed as the socialist economy deteriorated to the extent that it

brought nations to the brink of mere existence, losing all its former

glamour. The analysis of that time of the issue at hand point out, inter

alia, the issue of undefined ownership, as the property back then was

either state owned or socially owned (in former Yugoslavia), and it

was not private property like in capitalist countries where the

economy was intensively blooming.

Transformation of ownership – privatization in Gjakova municipality

Period 1990 – 1999

Thesis, no.1, 2015 109

Under these circumstances, a Croat, Ante Marković (16.03.1989 –

20.12.1991)1, was appointed as the Prime Minister of the Central

Yugoslav Federative Government. This was the first time that a

professional, with a successful economic background was appointed

to this position, and not a politician, as it used to happen. He

immediately began the well-known transformation of ownership

under the famous and meaningful slogan ―Building a new socialism‖.

According to my opinion, exactly at this point in time and with this

approach for stabilizing the economic situation in former Yugoslavia,

the inception of the destruction of former Yugoslavia by the part of

the Republic of Serbia commenced. Serbia was openly disinterested

for the property transformation process and for shifting to a new

socio-economic formation, to capitalism, which was clearly a regional

tendency at that time.

What really happened with the economy of Gjakova

municipality at that time?

Below are the reasons why this studied period was chosen for this

scientific paper:

- For the first time during 1990s the activities for a proper and

legal transformation of property, from socially owned to

private, began;

- The ―Odysseys‖ of Gjakova economic enterprises started in

1990, encountering many various difficulties for full ten years

with the abolisher of Kosovo autonomy, until the Kosovo war

broke on 24.03.1999; and

- How the leadership of that time managed the business

development of enterprises in the municipality, and what

were the implemented alternatives.

Disintegration of Yugoslavia in fact started with the constitution

amendments of 1988. Serbia also modified its constitution with the

pretext of creating the pre-requisites for legitimizing the actions that

followed for abolishing Kosovo autonomy. And on 26.06.1990,

1 His tenure as Prime Minister.

Albert Baraku

110 Thesis, no.1, 2015

unilaterally and anti-constitutionally, Serbia approved the law for

authorizing republican bodies to act in Kosovo in extraordinary

situation2. As Serbia considered the situation of Kosovo at time grave

and extraordinary, Serbia suspended Kosovo autonomy on

07.07.1990 and disbanded Kosovo parliament and its legitimate

government. These actions, de facto and de jure, triggered the

disintegration of the country called Yugoslavia.

After suspending Kosovo autonomy, the Republic of Serbia would

install – on a daily basis – forced measures in Kosovo enterprises. The

records of that time show that these measures meant the dismissal of

Albanian employees exclusively, starting from directors all the way

down to ordinary workers. Then, the leadership appointed to these

enterprises, which were of Serb background, would ruthlessly destroy

all that the Kosovo-Albanian cadre had built. The property would be

stolen unscrupulously and in broad daylight and the immovable

property would be sold without due consideration to legal process.

The Serbs benefited from these ―fuzzy‖ circumstances and their

servants, too, and alas, it happened to be that some of these servants

were Albanians! There are numerous cases Kosovo wide while there

are only four in Gjakova, where after the initial ―forced measures‖, the

enterprises would integrate into bigger companies in Serbia. Below

are the enterprises in Gjakova municipality that underwent forced

measures:

- Agriculture Industry Company ―Ereniku‖ (at five joint stock

companies within);

- Construction Material Enterprise ―IMN‖;

- Tire Enterprise ―Elast‖;

- Bread Factory ―Mulliri‖ in Gjakova;

- Bus Station ―Kosovatrans‖; and

- Hotel ―Pashtriku‖. 3

2 Official Gazette of Socialist Republic of Serbia, nr. 30/90. 3 Data for the measures installed in these enterprises are reliable, as they are

acquired from the interviews with former directors of these enterprises at

that time, and from the documentation from the archives of these

enterprises.


Period 1990 – 1999

Thesis, no.1, 2015 111

When we analyze the number of enterprises transformed by law in

the Gjakova municipality (over 40 such enterprises, and when

compared with the four enterprises which suffered forced measures

imposed by the Serbian occupation), we can conclude that the

transformation of ownership, from socially owned to joint stock

companies, done by enterprises in Gjakova municipality, produced

considerable results in those circumstances because it hindered,

disabled or prolonged the installment of forced measures by the Serb

occupier.

The transformation of socially owned to state owned property that

the Republic of Serbia was carrying out forcefully in Kosovo, was an

action unheard of (sui generis), of unlawful appropriation or

nationalization of Kosovo resources. It should be noted that the

concept of socially owned property was prevalent only in Yugoslavia,

and not in other socialist countries.

It was a reign of true anarchy at that time in Kosovo and the war

was just around the corner…! This was a very well known situation

not only for Kosovars as locals, but for the region and the

international community, too.

Against this background, there was some organizational

transformation in the economy of Gjakova municipality at that time,

which preceded the proper ownership transformation – the

privatization, as follows:

Transformation from Joint Work Organization into Socially

Owned Enterprise and

Transformation from Limited Liability Company into Joint

Stock Company.

The ruling occupiers that Serbia installed in Kosovo (after

abolishing Kosovo autonomy) were violent and they enjoyed open

support from the police, judiciary and Serbian army, and massively

expelled Albanians employed in Kosovo enterprises. Among

countless cases that occurred in Gjakova, there are two glaring

examples of drastic private property rights infringement.

Albert Baraku

112 Thesis, no.1, 2015

Gorenje Electro-Motor Enterprise Sh.a. in Gjakova, received the

decision 1971/92 on 15.05.1995 from the Serbian Republican Agency4

for equity assessment. The decision annulled the ownership

transformation that the enterprise underwent legally at the court of

that time. The enterprise appealed this unlawful decision reached by

the unlawful structures in Kosovo pursuant to the legal regulation

and its status as a Joint Stock Company at the Supreme Court of

Serbia. The latter was the only remedy at that time. To everyone‘s

surprise, the Supreme Court of Serbia at that time, with its decision

U.nr. 921/96 dated 28.05.19975, ruled that the transformation was

legal and that the decision of the Serbian Republican Agency for

equity assessment was invalid.

The second case concerns AIC Ereniku (containing five

enterprises). The Assembly of Republic of Serbia, on its session held

on 21.06.1991, introduced summary measures, known as forced

measures, in AIC Ereniku and appointed the temporary overseeing

body. The latter then addresses Gjakova Economic County Court with

a request for registering the summary measures in the Court‘s

register. However, the said Court refused, via its decision nr. 233/91,

dated 05.07.1999, under the justification that it is a Joint Stock

Company, and not socially owned enterprise. The Assembly of

Republic of Serbia promptly reacts with another decision reached on

29.07.1991, and corrected the previous decision by noting that it

concerns the Joint Stock Companies attached to AIC Ereniku, and not

the socially owned enterprise.6

Understanding the transformation as a process

For most of the professionals of that time, the process of ownership

transformation was, as far as its implementation in practice was

4 Decision nr. 1971/92 dated 15.05.1995 of the Serbian Republican Agency on

capital assessment. 5 Serbia Supreme Court ruling U.nr. 921/96 dated 28.05.1997. Both documents

can be found in the archive of Gorenje Elektromotori YSC in Gjakova. 6 All three quoted documents in AIC Ereniku case (two decisions and one

ruling) are preserved in the archive of this decision.


Period 1990 – 1999

Thesis, no.1, 2015 113

concerned, a new and incomprehensive phenomenon. This kind of

transformation was commented in two dimensions at that time:

economic and political. In this regard, the Republic of Serbia, which

was the most outspoken state in former Yugoslavia, dreaded that this

type of property transformation process chosen by the Prime Minister

of former Yugoslavia as the new country perspective was not

conducive for Serbia. It claimed that it would lead to Serbia losing all

its powers over its own state owned property and over the property of

former Yugoslavia.

In these extreme circumstances and with the presence of many

threatening elements for the order and safety in former Yugoslavia,

Gjakova economy was the first one which with courage, resolve,

utmost professionalism and vision approached this process with

conviction and lack of hesitation, as this process was the only way out

from forced measures and the future of economy depended on its

realization. The privatization was also going on in other former

Yugoslav republics, in Slovenia, Croatia, Bosnia and Herzegovina, etc.

It is noteworthy that some individuals and institutions displayed

strong resistance against this new reality, as they did not want to lose

the power they had had with decades. Furthermore, the new structure

that came after the destruction and collapse of socialist regime did not

accept the transformation of ownership neither, either because they

did not know the process or because of their interest in continuing

with the policies of old structures but under the camouflage of new,

thus causing confusion among public opinion of Kosovo.

The leading economic structure in Gjakova municipality7 saw in

this process (the process which implied major changes in the times to

come) the following highly important reason ―taking charge over the

7 Explanation: who was at that time the ―leading structures of economy in

Gjakova municipality?‖ The directors of big enterprises, strongly

backstopped by their professional staff, by the entire working class of that

time, and naturally, by the municipal leadership, initially legally and then

after the forced Serbian measures against Kosovo, the leadership operating

in illegality. At that time, the economy of Gjakova municipality had over

20,000 employees.

Albert Baraku

114 Thesis, no.1, 2015

ownership argument and preparing for the actions that the Serbian

government would undertake‖. This happened indeed! Let us recall the

forced measures that the Serbian occupier applied under the pretext of

protecting socially owned property from misuse and destruction. It

was revealed later on that those measures were fatal as the enterprises

that suffered them were de facto destroyed.

Hence, the enterprises in Gjakova municipality prepared – through

this privatization – to set off very well planned and coordinated

forced measures that the state of Serbia use to apply in Kosovo at that

time.

How the capital transformed in practice pursuant to the law

Law on enterprises

During the ten year studied period (1990-1999), former Yugoslavia

was undergoing severe challenges. Serbia was claiming that there are

Serbs in all the republics and provinces and based on this fact, Serbia

considered that Yugoslavia was basically Serbia. There were other

republics and provinces on the other hand, some more outspoken,

claiming equality of all federal units or otherwise, each should opt for

its own independence. The Republics of Montenegro, Bosnia and

Herzegovina and Macedonia, as well as the Province of Vojvodina,

were more refrained and less loud because the influence of Serbia in

these units was strong. In these circumstances, the Croat Ante

Marković (16.03.1989 – 20.12.1991) came as the Prime Minister of

Yugoslav Federation. Mr. Marković pushed forward the new socialist

order called ―new socialism‖, initiating and developing the required

legal basis for a proper property transformation, which I will explain

next.

After reviewing the law appertaining to this study, I have

established that the opportunity for ownership and organizational

transformation of socially owned property was put in place with the

enactment of the Law on Enterprises8. The Croat A. Marković

assumed the position of Prime Minister of former Yugoslavia only on

8 Official Gazette of SFRY, nr. 77/88, 40/89, 46/90 and 61/90.


Period 1990 – 1999

Thesis, no.1, 2015 115

16.03.1989. This infers that even before A. Marković came in power

and despite all the sabotage by the Republic of Serbia, there were laws

announcing major changes, which would actually happen later on,

enacted. However, this falls under the domain of a proper political

analysis.

Kosovo was occupied by the Republic of Serbia from 05.07.1990 –

when its autonomy was de facto abolished forcefully by the Republic

of Serbia – until 24.03.1999, when the international forces began their

air striking campaign against Serbia. During this period, Kosovo was

unable to approve laws as it was a decade of total and absolute

occupation. This fact sufficiently depicts the circumstances, under

which the enterprises in Gjakova municipality underwent the process

of equity transformation. This is also the main aim of this paper – to

provide a realistic overview over the activities of economic and

political structures of Gjakova municipality at that time. These

structures were mobilized, coordinated and resolved to actively

respond to the increasing Serb occupier‘s repression in Kosovo,

namely in Gjakova municipality. Kosovo at that time was in complete

information darkness and every activity, regardless how small, which

managed to mobilize masses of Albanians for an organized response,

was of great importance and with great effect for the future of

Kosovo.

Let us go back to the economic aspect of the problem. The laws

that directly or indirectly enabled the organizational and ownership

transformation and privatization, are:

Law on Enterprises (SFRY Official Gazette, nr. 77/88, 40/89,

46/90 and 61/90);

Law on accountancy (SFRY Official Gazette, nr. 64/89, 29/90);

Law on Securities (SFRY Official Gazette, nr. 64/89, 29/90);

Law on socially owned capital (SFRY Official Gazette, nr.

84/89, 46/90);

Law on payment of personal income, funds for joint direct

consumption and funds for employee meals (SFRY Official

Gazette, nr. 37/90 and 84/90).

Albert Baraku

116 Thesis, no.1, 2015

For an accurate and professional capital transformation evaluation

– the topic of this paper – it is noteworthy that the international

community took over the temporary administration of Kosovo since

June 1999, after the Kosovo war, respectively UNMIK, considered

these law applicable (non-discriminatory)9.

The solution that the law on enterprises10 sought to give (according

to the authors) was a result of many analysis and professional

consultations with renowned world experts and with international

monetary institutions that were willing to support the law. According

to their authors, the purpose of all these laws on transformation of

capital was:

- To change essentially the organization of the enterprises by

changing the ownership status, i.e. setting the bearer of the

property;

- Increase the capital (de-capitalization) of the enterprises;

- Stimulate the workers of the enterprises;

- Include the employees who were shareholders in the

enterprise governance;

- Increase the economic efficiency, and so on.

This was the reason and the main argument that encouraged the

leading structures of the economy of that time to implement the law at

hand. The law at hand had no obligatory character and it could be

applied only by the enterprises that meet the pre-requisites noted

below:

- Have a successful running business;

- Their business should have a very positive official balance;

and

- Should have the will and the interest for a true ownership

transformation, from socially owned to privately owned, to

Joint Stock Company.

9 UNMIK Regulation nr. 1999/24 and 2000/59. 10 Law on Enterprises (Official Gazette of SFRY, nr. 77/88, 40/89, 46/90 and

61/90).


Period 1990 – 1999

Thesis, no.1, 2015 117

Yet again, these transformation laws of socially owned capital had

some basic principles on which they relied. In my opinion, there were

two main principles among others:

Enterprises had full autonomy to decide about their future on the

transformation process; and

- There was a visible tendency for favoring workers, through

material incentives for purchasing stocks and governing the

enterprises.

There are several interesting factors related to the law that need

acknowledging. Below are some of the main ones:

- There existed a very difficult economic and very complicated

political condition of that time at the federative level, which

precipitated the need for approval of this law.

- The state aimed to make the enterprises independent, so that

they do not depend on the budgetary aid;

- Increase the engagement of the employees for the future, and

for choosing and overseeing their business;

- The aim that the federation strives to achieve through this law

seen from a political perspective;

- How Kosovo (Kosovo at that had a very specific and

threatened position in the Yugoslav Federation) and its

economy awaited this law;

- Implementation of this law in Kosovo and possible results to

be achieved;

- Approach of the Serbian government toward this law;

- The consequences that the former Yugoslavia suffered after

the approval and implementation of the law; and

- Many other factors less relevant.

Knowledge and professional assessment of these factors is highly

important, as it serves not only to understand the content of the law,

economic and political situation of that time, the form of the

ownership transformation, the position of Kosovo in the federation,

but also for taking sustainable decisions today, as the Kosovo

economy must decide about the best path for paving the road towards

the future.

Albert Baraku

118 Thesis, no.1, 2015

Ownership transformation of socially owned, limited liability

companies to joint stock companies

In order to illustrate and better clarify the topic under discussion, I

shall present the legal transformation procedure that was applied in

over 40 socially owned enterprises or limited liability companies in

Gjakova municipality, which had very good business results and good

material standing.

Pursuant to article 2 of Law of financial business11, to Law on

payment of personal income, funds for joint direct consumption and

funds for employee meals12, and article 2 of the law on securities13,

socially owned economic enterprises, respectively the limited liability

companies in Gjakova reached the following:

1. Decision on emitting internal shares as per law on personal

income; and

2. Decision of emitting internal shares as per law on socially

owned capital.

These legal acts have clarified in details the procedures of

ownership transformation, as well as the development of new

enterprises with an ownership status defined as Joint Stock Company.

Below is the list of the most core explanations contained in these legal

acts:

Shares are securities emitted in accordance with the relevant

law;

Shares were expressed in the currency valid for that time -

dinar;

Shares were in the name of the holder;

Sale and purchase of shares among the JSC shareholders was

allowed;

Transfer of shares was allowed with endorsement;

Transfer of shares was allowed on the name of the holder

with handover;

11 F.Z. SFRY nr. 10,26,35,58 ane 79/89 12 (O.G. SFRY nr. 37/90), article nr. 1, 1a and 2 on Law on Socially Owned

Capital (O.G. nr. 84/89 and 46/90) 13 (O.G SFRY nr. 64/89, 29/90)


Period 1990 – 1999

Thesis, no.1, 2015 119

Shares were registered in the financial sector in a special

registry.

Sale of shares in accordance with the two afore-mentioned legal

bases harmonized as it went along, and irregular sales or sales outside

of legal procedures were not allowed. This was overseen by the

Financial Sector, namely the responsible Committee, General Director

and the enterprise‘s Shareholders Assembly.

The material researched for this paper leads to the conclusion that

the majority of the socially owned enterprises in Gjakova municipality

at that time achieved to transform over 70% of the socially owned

capital into private owned. However, there are some enterprises that

achieved 100% of capital transformation, from socially owned into

privately owned – shareholders.

The ownership transformation procedure ran under strict

surveillance measures by the former Social Accounting Services, a

financial institution with remarkable legal powers for financial

monitoring of all the capital and financial transactions in former

Yugoslavia. The shares of the Joint Stock Companies, emitted in

accordance with the law, looked as follows:

A Specimen of an internal share – as per law on payment of

personal income

The data that this internal share should contain)

Albert Baraku

120 Thesis, no.1, 2015

“ X “ YSC. SERIES No. A A 00001234

Gjakova

INTERNAL SHARE

In the value of

100,oo din.

(one hundred dinars)

On the name of

___________________________________________

Internal share is given for the payment of pure personal

income in accordance with the article 4 f law of payment

of personal income. Official Gazette of SFRY, nr. 37 / 90

and decision of Worker‘s Council, nr……dated………

There are 1000 shares from this series issued, in the total

amount of 100 000 din.

Dividend is paid in accordance with the law and contract.

Gjakova..................

Main Director

..........................

“ X “ JSC

Gjakova

COUPON No. 1

Dividend

payment for

Internal share,

nr. of series:

A A 00001234

Main Director

………………

A Specimen of an internal share – as per law on socially owned

capital

The data that this internal share should contain)

“ X “ JSC SERIJA No. A B 00001234

Gjakova

INTERNAL SHARE

In the value of

100,oo din.

(one hundred dinars)

On the name of

_________________________________________________

There are 1000 shares from this series issued, in the total

amount of 100 000 din.

Dividend is paid in accordance with the law and contract.

Gjakova ………….

Main Director

………….

“ X “ JSC

Gjakova

COUPON No. 1

Dividend

payment for

Internal share,

nr. of series:

A B 00001234

Main Director

…………………


Period 1990 – 1999

Thesis, no.1, 2015 121

Registration and functioning of the Joint Stock Companies

When the socially owned enterprises would appear in from the

Economic Court for registering as Joint Stock Companies, as per the

relevant law, they should:

- Have the decision of the Worker‘s Council (as the highest

decision making body of the enterprise – Limited Liability

Company) regarding the transformation of capital; and

- Have sold, respectively transformed the allowed minimum of

10% of business fund as per their official balance.

Otherwise, the Economic Court, authorized for registration of

businesses, respectively, economic enterprises, disallowed their

registration as Joint Stock Companies.

Then, at the end of the calendar year during which the sale of

shares began, the enterprise would undergo an examination, a

verification as to what extent it has transformed – which could be

established from the enterprises balance sheet.

There was another regulation regulating the right within the Joint

Stock Company - among the shareholders – to decide, to govern. This

regulation was the Work Regulation of Governing Bodies.

Pursuant to the law, the Joint Stock Company has the following

governing, decision making bodies:

- Shareholders‘ Assembly;

- Steering Committee; and

- General Director.

The law on transformation foresaw their obligations and their

rights in the course of duty, and functioning and work regulation of

these bodies – all in details. However, during the application and

implementation, there were some slight variations in Gjakova

economic enterprises, which had no substantial impact, but assisted in

adapting to its physical, numerical, economical-financial and

organizational size.

Albert Baraku

122 Thesis, no.1, 2015

The results achieved in the Kosovo business circumstances

The Kosovo economy in general, and consequently Gjakova economy,

went through great ordeals during Serbian occupation. To be more

precise, they were on a daily basis at the brink of sheer business

survival. There were threats of incarceration and life threatening

hazards, too, for the managers of the enterprises.

From the vast material I was able to collect regarding the work of

the leading economic structures in Gjakova municipality, it is clear

that their main aims were:

- Above all, they did not want that the economy of Gjakova

municipality remains without any alternative for responding

to the repressive measures that the Serb occupier

continuously exercised;

- Preservation of factories from the Serb occupier, as a wealth

earned and built through decades with the work of

employees;

- Inhibiting the installment of forced measures and retaining

their jobs as a prudent approach considering the situation

Kosovo was undergoing;

- Disallowing the Serb occupying forces to further impoverish

and subdue the population;

- Conveying a message to the international community about

the drastic and forceful state measures that the Serb occupier

is taking against the private property of Kosovo citizens;

- By maintaining factories functional, it was possible and of

great interest for the citizens to coordinate and mobilize in

counteracting the Serb occupier;

- Functioning factories were deemed as very important for

Kosovo in those circumstances, allowing people to move for

getting supplies of raw material, selling ready products, as the

Serb occupier of that time had limit the freedom of movement

and was controlling it strictly; On the other hand, the ability

to move would enable informing the public of former

Yugoslav Federation and the International Community about

what was actually happening in Kosovo;


Period 1990 – 1999

Thesis, no.1, 2015 123

- It is worth mention that the leadership of Gjakova

municipality during this period tried to incite other

municipalities to adopt this approach for a coordinated

counter-action against the Serb occupier;

- Lastly, the activities of the Gjakova municipal leading

structures were coordinated closely with the leading national

structures.

As the occupying powers were arbitrary and had no regard for

federative laws, or of A. Marković‘s law, continuing to install forced

measures in enterprises without legal procedures, one portion of the

Joint Stock Companies took the next step to prevent the installment of

these measures. The next step was to relocate the Headquarters of the

enterprise outside of Kosovo, either in the Republic of Slovenia or

Croatia. For doing this, the enterprise deregistered from Gjakova

Economic Court and registered outside of Kosovo, where Serbia had

no legal basis to apply forced measures. This step was fruitful as it

prevented the occupier‘s move in several cases. Clearly and

laconically said, the primary interests of the Gjakova municipal

leading economic and political structures at that time was an

organized response to the actions of Serb occupier. On the other hand,

these structures were of the opinion that the transformation of

ownership was the right thing to do for the future of the country. In

this regard, the facts indicate that a large portion of the desired aims

was achieved.14

14 All this data can be clearly seen in the minutes of the meetings at time, in

the numerous correspondences of the responsible people in enterprise with

the leaders of that, as well as from conversations with their alive and many

contemporaries, who are very active currently in Gjakova. The Coordination

Council functioned at that time in Gjakova municipality. This Council was

in charge of daily management of the situation imposed by the Serb

occupier. In this regard, this body was very authoritative in protection of

enterprise‘s rights in Gjakova municipality, through organizing,

coordinating and steering appropriate activities.

Albert Baraku

124 Thesis, no.1, 2015

According to the documents that I managed to obtain, the main

enterprises in Gjakova municipality which managed, according to

the relevant law, to register as Joint Stock Company, are:

1. Holding Company ―Emin Duraku‖ with seven enterprises

within as special entities;

2. Holding Company ―Jatex‖ with six enterprises within as

special entities;

3. Agriculture Industry Company ―Ereniku‖ with five

enterprises within as special entities;

4. Holding Company ―Metaliku‖ with four enterprises within as

special entities;

5. Holding Company ―Dukagjini‖ with three enterprises in itself

as separate entities;

6. Electro-Motor Factory ―Gorenje Elektromotori‖;

7. Construction Material Industry ―IMN‖;

8. Trading Enterprise ―Agimi‖;

9. Electro-Motor Servicing Enterprise ―Elektroservisi‖;

10. Wood industry ―Modeli‖;

11. Holding Company ―Deva‖;

12. Hotel ―Pashtriku‖;

13. Bread Enterprise ―Mulliri‖;

14. Transport Company ―Kosovatransi‖;

15. Projecting Enterprise ―Ening‖;

16. Meat Processing Enterprise ―Mishi‖;

17. Enterprise ―Ngrohtorja e qytetit‖;

18. Agriculture Cooperative ―Bec‖;

19. Vehicle Servicing Enterprise ―Kompresor‖;

20. Tire Processing Enterprise ―Elasti‖;

21. Others.

The documents of over 40 enterprises registered in Gjakova

Economic Court (this court had jurisdiction for the entire Dukagjini

valley) as Joint Stock Companies were obtained.

These enterprises counted in total over 20,000 employees,

altogether.


Period 1990 – 1999

Thesis, no.1, 2015 125

Conclusion

There is no assessment indicating that any of the ownership

transformation process – from state owned to private, carried both in

Western and Eastern countries – was perfect. However, there are

some evaluations that one was better, respectively successful than the

other and with less negative consequences. The logical conclusion

deduced is that the ownership transformation process in accordance

with the law of A. Marković was perfect neither, despite the fact that

there were many internationally known experts involved in

developing this law. However, for Kosovo this law was a concrete

step forward toward privatization, which was highly discussed by

the Kosovars and welcomed and demanded by the entire economy.

These enterprises faced many great and various hardships during

Kosovo post-war period (from 1999 onward), for which a separate

study would be in order.

Bibliography

The key persons that were the bearers, responsible as

leadership and very active during the 1990-1999 ownership

transformation contacted and interviewed: Ali Buza, Fehmi

Nallbani, Shaban Deva, Gazmend Tuzi, Bajram Morina, Shukri

Buza, Ismajl Boshnjaku, Mahmut Rizavnolli, Abdyrrahmon

Hafizademi, Avni Bytyqi, Ismet Zhaveli, Blerim Këpuska,

Sherafidin Rogova, others.

Core documents secured from the archives of the prominent

enterprises transformed. These documents provide an overview

and argument the ownership transformation in details. Of

course, archives of those enterprises that managed to preserve

their documents as there are many enterprises that were unable

to do so because of huge changes in their status they underwent

after the Kosovo war, from 1999 and onward!

The Electro-Motor Gorenje Joint Stock Company (as a leading

enterprise of that time) allowed me access to all its archive

Albert Baraku

126 Thesis, no.1, 2015

which counts thousands of pages, conducive for analyzing the

entire situation and the determining factors of the time.

Paper published by the Prishtina Economic Institute, 2005 – The

Socio-Economic status of the Joint Stock Companies in Kosovo,

particularly of Gjakova.

Official Gazette of Socialist Republic of Serbia, nr. 30/90.

Official Gazette of RSFJ, nr. 77/88, 10, 26, 35, 40, 58,64, 79/89,

46/90 and 29, 61/90.

UNMIK Regulation nr. 1999/24 and 2000/59.

Law on Enterprises (Official Gazette of SFRY, nr. 77/88, 40/89,

46/90 and 61/90).

O.G. SFRY nr. 37/90), article nr. 1, 1a and 2 on Law on Socially

Owned Capital (O.G. nr. 84/89 and 46/90)

The author of the paper was at that time one of the professional

activists in implementing the privatization of the enterprises in

Gjakova municipality in accordance with the law.

Thesis, no.1, 2015 127

Small family business - guarantor of

economic and social development

Baki Rexhepi

Abstract

The global economic integration, as a process, has an increasing impact on the national development policies, and due to being such, it is extremely difficult to control the application of traditional methods and instruments for economic development. It may be difficult to plan certain economic goals at the state level in advance. All enterprises in the world, big or small, domestic and non-domestic, public or non-public, developed and underdeveloped, are facing a series of questions that have to do with their future and prospects, respectively, their existence in surroundings with unforeseen turbulent situations comes into question? What will the market needs be? What are competition aims? Are the customers‘ attitudes shaking towards claims that technological progress? What about the development of new product? Is there a possibility of providing the necessary resources, guides towards globalization of business, which need to be used to achieve the efficiency, effectiveness and innovation, etc.... all these questions were addressed every day by the enterprises - regardless of whether they are family owned or not. What it is that makes family enterprises special and separates them from other companies which are not owned or family-controlled, represents the diversity of family interest and the interest of the company's unique business family system. Owners of family companies across the world share the same philosophy and values, they think in perspective, their capital is made of patience and diligence, care about the communities where they operate and work, so that the company is left at its best condition for inheritance. The business model of family companies is highly innovative and forward-looking, seeking to a better realization, creates more value, and preserves jobs, despite cyclical downturns and recessions. The development of small and medium-sized family enterprise represents the fastest way and cheaper to develop national economies. SME are the backbone of economic development of countries in

Lorik Abdullahu, Kandidatë në PhD Universiteti i Prishtinës-Fakulteti Ekonomik,

ANP “Adem Jashari”-Kontrolli Ajror, [email protected]

Baki Rexhepi

128 Thesis, no.1, 2015

transition and supports the major role in employment that they are very significant for the democratization of society. Keywords: small business, family business, local economic development, family, management.

Introduction

Statistics show that most family businesses have a lifespan that leaves

much to be desired, 95 % of family businesses do not survive the third

generation of family ownership. Family businesses constitute the most

prevalent form and oldest business organization, representing more

than 70 % of overall business and plays a decisive role in the economic

development of an environment.1

If we analyze the structure of the private economy in Kosovo

appears that most regard to family business. The formal structure of

the personnel qualification and owners and managers in private

enterprises is supposed to be:

54 % of owners and managers who have completed high school or

university;

26 % of staff in private enterprises have higher education and

universities;

60% of secondary schools and

14 % other.2

The skills and knowledge were not responsive to the needs of the

market economy. Innovation and reconstruction of their knowledge is

1 Elona, Gusmari. ‖ Si të mbijetoni në një biznes familjar ‖, Monitor, 379,

Tiranë, Mars 2015. (126 – 135). (also accessible http://www.monitor.al/si-

te-mbijetoni-ne-nje-biznes-familjar. vizit: 17/04/2015) 2 Safet, Gërxhaliu. ― Niveli i edukimit Ekonomik në Kosovë ‖, Oda Ekonomike e

Kosovës, Prishtinë, 2013. (1 – 13). (also accessible

http://webcache.googleusercontent.com/search?q=cache:n6vqkcv4P5kJ:wo

rdpress.p203352.webspaceconfig.de/wp-

content/uploads/2013/09/Gerxhaliu_Programi-i-Edukimit-Biznesor-ne-

Kosove-ALB.ppt+&cd=1&hl=en&ct=clnk&gl=rs vizituar: 19/04/2015)

http://www.monitor.al/si-te-mbijetoni-ne-nje-biznes-familjar.%20vizit:


http://webcache.googleusercontent.com/search?q=cache:n6vqkcv4P5kJ:wordpress.p203352.webspaceconfig.de/wp-content/uploads/2013/09/Gerxhaliu_Programi-i-Edukimit-Biznesor-ne-Kosove-ALB.ppt+&cd=1&hl=en&ct=clnk&gl=rs




Small family business - guarantor of economic and social development

Thesis, no.1, 2015 129

necessary. The characteristic of these economies, especially those in

the field of agribusiness, is that they lack:

- Knowledge of business in market condition,

- Market -oriented approach and

- Contemporary management of the firm.

Another problem is the low economic activity of women.

Specific forms of education and organization for business women are

also one of the important areas for future activities.

The situation described makes the immediate need to change the

situation through the complex in the most important segments and

business education at various levels.

Implementing a complex program to improve the situation

regarding business education, management and training and

infrastructure network should transmit it should be viewed as one of

the most important components of the transition in Kosovo and the

development of entrepreneurial philosophy. This represents an

important factor in creating the preconditions for the development of

existing private enterprises and generating new enterprises, to

develop entrepreneurial skills and entrepreneurial spirit, culture and

business ethics as the most efficient route to strengthen the business

community in Kosovo.

In this regard, the mission should be the reduction of the gap

between the requirements for entrepreneurs and managers of the

market economy and the reality - knowledge and skills to provide

education system and other forms of business education in Kosovo,

while SYNNIMI would meeting the new demands for knowledge in

the field of entrepreneurship and business, which should provide

education that enables access to the circumstances that create "chance

for self-employment" and ensure economic growth through "job

creation".

The definition of family business

Family business enterprises means that most items are on hand to the

family that controls it, including the founders who intend to leave

enterprises to their heirs. In family businesses, work is managed by

Baki Rexhepi

130 Thesis, no.1, 2015

the family. To define the family business some serious commitment is

required, during which the advance should answer questions such as:

- What is meant by the family?

- The extent to which the property must be in the hands of the

family;

- How many family members should be employed, in order to be

considered a family enterprise, etc.

However, for a stable definition of family businesses we need to

hold the so-called standard or dimensions such as: ownership,

participation of family members, the transition (continuity) between

generations, and the combination of these parameters. There is no

exact definition of family business (about 90 such known) as there is

no standardized statistical monitoring of family businesses. On the

proposal of the expert group on the definition of family business

provides:3

Family business despite the size is:

- Decision-making in the majority lies in the hands of the person

who is the founder of the business, or the person who has bought a

piece of the company, or their relatives closer directly;

- Most of the rights in decision making, directly or indirectly;

- At least one member of the family to be formally involved in

managing the company;

- In the shareholding of the enterprise, the owner‘s part of the

enterprise or members of his family is at least 25% right in decision

making;

Economic development at local and family businesses

Inequality of Regional economy is growing even more into integration

of national economies into the world market, the disparity between

municipalities is not diminishing, but the opposite thing is happening.

3 Commission, European. ‖Final report of the expert grup‖, Bruksel,

November 2009. (4–32). (also accessible: http://ec.europa.eu/enterprise/

policies/sme/promoting-entrepreneurship/family-

business/family_business_expert_group_report_en.pdf/ vizit: 15/04/2015)

http://ec.europa.eu/enterprise/%20policies/sme/promoting-entrepreneurship/family-business/family_business_expert_group_report_en.pdf/




Thesis, no.1, 2015 131

To find an adequate response to this problem not only economic but

also social aspect is more than obvious, that national development

policy makers should pay a special attention and care, what is

happening at the local level, so as to be more creative in the design of

adequate instruments and concrete measures through which could be

helped certain local communities to emerge from the problems which

affect the economic, social progress and social peace. If a local

community could solve the problem of increasing employment and

economic growth more or less than another community within the

state, there is an issue which could be accomplished through a

government strategy for development, but a concrete response will be

able to find within the local community. Most Balkan states, during

the ‗90 follow the logic of assistance to local communities, so that they

can maintain and enhance existing enterprises both locally, creating

such policies to attract investors in certain sectors or even in specific

geographical areas. Instruments of this phase of local economic

development were direct payments to enterprises, business

incubators, advice and training for small and medium sized

enterprises, technical support and informational support of the so-

called start / up businesses and certain investments in infrastructure.

In the recent years, the focus has shifted towards creating the most

favorable environment for business, particularly in the investment of

the so-called soft infrastructure in public - private partnership,

supporting private sector investments for the public good. To achieve

this, all municipalities and cities have provided a competitive climate

for local investment, encouraged cooperation and education, have

supported the improvement of quality of life, however, not every

community today apply instruments that are currently in vogue,

because local conditions vary from community to community. What is

good for a municipality may not be so good for another municipality,

due to the level of development and capacity with which it owns. For

this, special programs must be prepared to each municipality or city

specifically designed based on the strengths and weaknesses that the

community has in question and based on potential opportunities that

distinguish these municipalities, as well as potential risks.

Baki Rexhepi

132 Thesis, no.1, 2015

According to the Agency for Registration of Businesses in Kosovo

(ABR), at the end of 2011, SME - (including micro-enterprises)

accounted for approximately 99.97 % of all businesses operating in the

country (for more details, see table no. 1 below).

Table 1. Statistics on companies according to their size (2007-

2011)4

2007 2008 2009 2010 2011

Nr. % Nr. % Nr. % Nr. % Nr. %

Micro

enterprises

6,744 96.79 8,242 97.50 9,798 97.48 9,420 98.00 9,919 98.40

Small

178 2.55 160 1.89 215 2.14 165 1.72 139 1.38

Medium

enterprises

40 0.57 43 0.51 31 0.31 21 0.22 19 0.19

Total

SMES

6,962 99.91 8,445 99.91 10,044 99.93 9,606 99.94 10,077 99.97

Large

enterprises

6 0.09 8 0.09 7 0.07 6 0.06 3 0.03

TOTAL 6,968 100% 8,453 100% 10,051 100% 9,612 100% 10,080 100%

Source: Agency for Registration of Businesses in Kosovo

As the table shows, from 2007 to 2011 the number of SMEs -'ve

been growing at a rate of about 20% each year, while overall growth

during the past five years was about 35%, but there is no data

available on the number SME - s that are closed and bankrupt. On the

other hand, ABR data - show that by the end of 2011 SMEs - to have

participated in total employment with 232,411 employees, or about

63% of the total number of persons employed in the enterprise (Table

no. 2 below), but still no data available about the number of people

employed by SMEs - to every year.

4 Task Forca për Integrim Evropian. ‖ Material për diskutim për fushën e

industrisë dhe NVM-ve ‖ Pristina, 2012. (2-5) (also accessible:

http://www.mei-ks.net/repository/docs/Material_Diskutues_

Ndermarrjet_e_Vogla_dhe_te_Mesme.pdf vizit 16/04/2015)

http://www.mei-ks.net/repository/docs/Material_Diskutues_%20Ndermarrjet_e_Vogla_dhe_te_Mesme.pdf

http://www.mei-ks.net/repository/docs/Material_Diskutues_%20Ndermarrjet_e_Vogla_dhe_te_Mesme.pdf


Thesis, no.1, 2015 133

According to the European Commission, more than 90% of

enterprises employing fewer than four people5. Moreover, it is

estimated that all enterprises have generated 47.6% of total exports of

the country in 2011, and according to the Tax Administration of

Kosovo, 2010, SMEs - to have participated with 43.3% the GDP of the

country6. On the other hand, estimated considering the number of

people newly entering the labor market every year, Kosovo needs a

real economic growth of at least 7%.7

Table no. 2: Number of workers employed in the enterprise in

December

Categories of SME - s The number of

enterprises

Number of employees

Micro enterprises ( 1-9

employees )

109.798 185.123

Small ( 10-49 employees) 1.508 24.877

Sized enterprises ( 50-

249 employees)

224 22.411

Total SMEs 11.530 232.411

Large firms ( over 250

employees )

60 137.096

TOTAL 111.590 369.507

Source: Agency for Registration of Businesses in Kosovo

5 Task Forca për Integrim Evropian. ‖ Material për diskutim për fushën e

industrisë dhe NVM-ve ‖, Pristina, 2012. (2 – 5) (also accessible:

http://www.mei-

ks.net/repository/docs/Material_Diskutues_Ndermarrjet_e_Vogla_dhe_te_

Mesme.pdf vizit 16/04/2015) 6 Task Forca për Integrim Evropian. ‖ Material për diskutim për fushën e

industrisë dhe NVM-ve ‖, Pristina, 2012. (2 – 5) (also accessible:

http://www.mei-

ks.net/repository/docs/Material_Diskutues_Ndermarrjet_e_Vogla_dhe_te_

Mesme.pdf vizit 16/04/2015) 7 Republika e Kosovës. ‖ NVM Strategjia e Zhvillimit për Kosovën 2012 – 2016

‖, Pristina, 2011. (6 – 54) (also accessible: http://www.kryeministri-

ks.net/repository/docs/Strategjia_per_zhvillimin_e_NVM-ve_-

_Korrik_2011.pdf vizit 16/04/2015)

http://www.mei-ks.net/repository/docs/Material_Diskutues_Ndermarrjet_e_Vogla_dhe_te_Mesme.pdf






http://www.kryeministri-ks.net/repository/docs/Strategjia_per_zhvillimin_e_NVM-ve_-_Korrik_2011.pdf



Baki Rexhepi

134 Thesis, no.1, 2015

Limiting factors are reflected in the slow action of legal regulatory,

legal outdated infrastructure, in the small market and the lack of

entrepreneurial skills, lack of authority and resources to solve local

problems due to the slow process of decentralization.

From what was said above, it can be concluded that the

acceleration of local economic development needs for the application

of two packages of measures. The first package is not in the hands of

local authorities and as such it has to do with the approval of the other

tax system that will help them developing healthy competition and

diversified gas. There is a need for a completely different system that

allows tax: different tax rates for major taxes municipalities and cities

in order to be more incentive for individuals and companies, what

should be done more effectively at a level lower, should not be raised

to a higher level and vice versa, and other levels of local government

that are lower than the central government should allow the

opportunity to enjoy the financial markets. The second package has to

do with measures relating to best use available resources. This

includes obtaining all relevant permits in one place for an extremely

short interval follow the approach of additional services, potential

investors, examining the concepts of local government, through which

would facilitate the reform process in all other areas and will allow for

increased workflow, reduce losses, greater transparency, better

allocation of resources, marketing more efficient, rapid and efficient

communication, active policy development in the formation of

industrial zones, free zones economy, in order to overcome the

difficulties by regulating them. Experience has shown that the active

policy approach of regulated spaces of infrastructure is the best step

of attracting investors, also marketing is essential, because if someone

does not listen to all that provide investment directions, it is like they

do not exist. Competition today is experiencing development at a

global level and a good marketing development for local authorities

has the same meaning as for serious companies. Close cooperation

between municipalities and especially the cross-border is essential if

you wish to achieve success in applications for EU funds, or other

donors.


Thesis, no.1, 2015 135

Small family businesses in our place and around the World

All European countries give special attention to small businesses and

have an exceptionally good system of financial and non-financial

support which applies to the, national, regional and local levels, or in

the context of the common policy of the EU. They have a good

network of business incubators, areas for scientific and technological

research and the number of clusters (groups), microcredit lines and

other instruments to support small family businesses. In developed

European countries, SME account for 99.7 of the total number of

enterprises and employ about 70 percent of the employees in the

economic sector.8 In Kosovo also 88.82 percent, or about 105 thousand

are individually owned enterprise, while the number of employees is

over 232 thousand or 81 percent. For us it is a very useful experience

taking as example Spain and Italy, whose economic problems have

been solved exactly by relying in good part, only in the development

of SME. The rapid development of SME can be ranked among the

priorities of the development of all countries in transition. The results

achieved in individual countries differ, viewed in general or even the

aspects that are important for SME.

Judging index of SME development, which is based on four

economic parameters (part of private property in GDP (Gross

Domestic Product), part of the SME sector in the GDP individual, part

of the workforce in SME by total number of employees in the state as

well as GDP per capita), in the range of quickly developing countries

can be ranked Slovenia, Croatia, Estonia, Poland, Lithuania, Hungary

and Slovakia.

Microeconomics, small and medium sized enterprises are of

particular economic and social importance because they represent 99

percent of all EU companies. They provide around 90 million jobs and

achieve employment of 60 percent of private sector workers,

contributing more than half of the total added value created by

8 Ibidem

Baki Rexhepi

136 Thesis, no.1, 2015

enterprises in the EU.9 Small and medium businesses are the

backbone of the European economy, energy ventures, which are the

main responsible for wealth and economic growth, competitiveness

and employment. SME play a key role in bringing innovation,

research and development. Family businesses, regardless of whether

they are small, medium or large, everywhere in the world, constitute a

significant part of the economy (e.g. In the EU about 66%).

According to the results of a survey which was conducted by the

European Commission, across Europe, compared with countries such

as the US and Japan, characterizes the presence of a great number of

small enterprises. An Overwhelming number of these enterprises are

individually owned (or those of managing a family) from 100 business

groups before the Italian circular, more than 40% are family

businesses, while in Germany the proportion is estimated at 17%,

while in France 26 percent. This feature has become apparent in the

last three decades; the development of SMEs has become a mass

phenomenon (which means thousands of small and medium-sized

family business). If the focus is placed only on manufacturing groups,

approximately 50% of capital belonging to the family and this

proportion constantly increasing.10

According to research business school "INSEAD",11 some of the

most successful companies in the world, are precisely the companies

that are owned by a family. In Europe, such is a media company

"RTL" which is a family- owned Bertelsmann, "Ericsson" is family

owned Wellenberg, the shoe company "Baldini" is family owned

9 Zvezdan Djuric, " Mali porodicni biznis u funkciji drustveno-ekonomskog

razvoja ", në: Socioekonomica, vol. 1, N° 2, Beograd, December, 2012, f. 159.

(also accessible: http://www.socioeconomica.info/jspui/bitstream/11171/

51/1/Djuric%20Zvezdan.pdf visit 14/4/2015) 10 Dan, Johansson.‖ Family Business, Employment, and GDP‖, Milan, June

2009, (5–23) (also accessible: http://core.ac.uk/download/pdf/6258292.pdf

vizit: 13/04/2015) 11 Massa, Massimo, ― The Rothschild Chaired Professor of Banking and

Professor of Finance at INSEAD ‖, September 25, 2014. (also accessible:

http://knowledge.insead.edu/organisational-behaviour/family-ownership-

channels-to-innovation-3587 vizit: 14/04/2015)

http://www.socioeconomica.info/jspui/bitstream/11171/%2051/1/Djuric%20Zvezdan.pdf

http://www.socioeconomica.info/jspui/bitstream/11171/%2051/1/Djuric%20Zvezdan.pdf

http://core.ac.uk/download/pdf/6258292.pdf

http://knowledge.insead.edu/organisational-behaviour/family-ownership-channels-to-innovation-3587

http://knowledge.insead.edu/organisational-behaviour/family-ownership-channels-to-innovation-3587


Thesis, no.1, 2015 137

Baldini, within which are known firms "Benetton" and "Barili" which

are owned by the same family. In the US the largest family enterprises

are: shops "Walmart", "Ford Motor Co.", "Cargill Inc.", "Motorola",

"GAP", "Hallmark Cards", "Estee Lander Cos.", "New York Times "and

others. The oldest family company in America is Avedis Zildjian

established since 1623. Otherwise, Japan has more than one hundred

thousand family companies which are older than a hundred years.

Two-thirds of family enterprises experience a change of the second

generation, while only a fifth manages to mutate change of third-

generation family. When the third generation takes the reins of the

company in its hands, then this business can be defined as a true

family business. So in the US only 12 percent of family firms reach its

third generation, while only 3% reaches the fourth generation.

The culture of entrepreneurship and innovation

One of the main prerequisites for business development is to

strengthen the culture of entrepreneurship. Based on the current

situation in Kosovo, this goal could be achieved through the

expansion of the entrepreneurship program in primary schools,

Education and Training offices (VET), secondary schools and

institutions of education; promoting the success of enterprises

implementing entrepreneurship programs for youth, women and

minorities; promotion and public recognition of the contribution of

the most successful enterprises; and encouraging and increasing the

networking between businesses. This would be based on and

harmonized with current and proposed interventions donor.

Creativity and innovation are increasingly necessary for businesses to

gain and maintain competitive advantages. Generally there is a lack of

ideas to decide what businesses should be launched. Most of new

businesses are ―me too‖ businesses, due to the lack of ideas,

innovation and creativity. The aim within the Strategy for the

Development of SMEs - s will serve to develop training schemes for

new owners and managers of

SME - s to introducing creativity and innovation.

Baki Rexhepi

138 Thesis, no.1, 2015

In a further step towards candidate status for EU membership,

Kosovo will begin to implement the EU Programme -

Entrepreneurship and Innovation's (PNI).

Family Enterprise and professional management

Family business today, regardless of whether they are large or small,

largely depend on the managers who are not family members, who

most of the times are the main factors for the success of the family

business. In a survey carried out by "Financial Times" successful firms

that are more than 200 years old answered the question: "What has

influenced your firm to survive, grow for all these years and

experiencing the transfer of ownership through generations ", the

response was:

- High quality product / service,

- Reinvestment of earnings,

- Ability to exclude incompetent family members,

- Desire and willingness to hire managers who are not part of the

family, and who possess a unique set of skills and values.

The further study showed that emotions can lead to actions that

are not based on rational thinking. Loss of control12, lack of clearly

defined rules and placed the company or individual members of the

family, and the way in which some problems are understood and

interpreted, show that family businesses are family oriented,

ownership or management direction. In many cases, family rules are

those who acquire and manage the business. If you want to avoid

their leadership, the solution lies in engaging a professional manager

who is not a family member.

12 Zvezdan Djuric, "Mali porodicni biznis u funkciji drustveno-ekonomskog

razvoja", në: Socioekonomica, vol. 1, N° 2, Beograd, December, 2012, f. 160.

(also accessible:

http://www.socioeconomica.info/jspui/bitstream/11171/51/1/Djuric%20

Zvezdan.pdf vizit 14/4/2015)

http://www.socioeconomica.info/jspui/bitstream/11171/51/1/Djuric%20Zvezdan.pdf



Thesis, no.1, 2015 139

Reconciliation in the field of ownership, work and family

Apart from the problems that are the same for all companies

(strengthening innovative capacity, dealing with competition), family

businesses are also exposed to the problems that arise because of the

needs for harmonization of family, property and business point of

view, the importance of preparations early transfer of ownership and

management of the family business, special educational needs of

entrepreneurship in education to lead the family firm and others.

Successful family businesses are those that have a clearly defined

demarcation of these areas. Also, those companies that have more

harmony in the family have a successful company. Family

businesses13 go well in situations of crisis and are not concerned about

short-term goals, but look to the future, although sometimes cannot

predict the future development of the business and is required to have

adequate strategic plans. Disputes, regarding future strategies is the

most common cause of disunity within the family business; such cases

come to terms, especially with the death of a family member,

disability or divorce of his own, which can destroy the family

company. Increasing tensions and conflicts in family businesses are

obvious. Therefore, it is very important to adopt procedures for the

resolution of conflicts and tensions among family members, which is

what most companies do not. It is better to agree on procedures to

resolve disputes when there is peace and love in the family, but not

when the war is already clear. Investors prefer family businesses and

gladly accept to invest in them, but only if the family ownership is not

greater than 35 to 40 percent. Where the ownership of a firm is about

70 percent, such firms are perceived as dangerous because of

"relatives" so investors are reluctant to enter into transactions with

them.

Baki Rexhepi

140 Thesis, no.1, 2015

Advantages and disadvantages of family businesses

Successful family business is a very good opportunity for progress

and foremost of the family and to the society. However, regardless of

country, culture and size, family firms go through numerous cases

and challenges, while the advantages and disadvantages based on

family businesses are the following:

The advantages of family businesses:14

• Common goal: family members gather around a common project

they usually have the same value system as well as ideas on how to

become to realize that project.

• Their complexity (family members) contributes to increased

motivation with which aims to achieve the international market

competition.

• High dedication high: all family members work for themselves

and not for the benefit of any other employer, it affects them to work

with more pleasure, the easier it will invest time and energy to

achieve a common goal.

• Mainly family has more meaning when expressing needs of its

members, whether for vacation, leisure, flexible working time etc. …

• The loyalty of the community, strong family connection is

usually a guarantee that against the trials and challenges that stand in

the community group will be easier to overcome the crisis, while in

the most favorable period will be easier to success faster and easier to

achieve.

• Stability: on the leadership of the family business always are

taken into account children, grandchildren, and future generations, so

when making business decisions about the outcome always are taken

consideration the long-term and overall interests.

• Long-term relationship of trust with banks.

• Complying interest between owners and managers.

14 Jaka Vadnjal, ―Definicija i prednosti porodičnih firmi‖ në Porodicne firme.

Beograd, December 02, 2014 (also accessible: http://porodicnefirme.rs/

2014/12/02/definicija-i-prednosti-porodicnih-firmi vizit 13/04/2015)

http://porodicnefirme.rs/%202014/12/02/definicija-i-prednosti-porodicnih-firmi

http://porodicnefirme.rs/%202014/12/02/definicija-i-prednosti-porodicnih-firmi


Thesis, no.1, 2015 141

Disadvantages of family businesses:15

• Inelasticity: the opposite of stability that the group has, or

tendency toward long-term goals and desires to respect tradition, can

easily become a weakness or no willingness to respond quickly and

with flexibility when changes are required.

• Conflict of interest: due to family connections and business

relations can sometimes come into conflicts of interest that (what is

good for business - would not necessarily be good for the family and

vice versa).

• Reflection of problems: family conflicts and problems often

transferred at work.

• Survival business problems: although family businesses are

dominant in the world of economy, many family businesses are closed

during the change of generations.

• Recognition of the advantages and disadvantages of family

businesses in times of crisis and recession helps to control negative

influences and use positive ones.

• Council for the enterprises is planning the time change of

generations, to formalize an internal organization, to develop a wide

array of business and governance key employees outside the family.

Measures that should be taken so that family businesses have

greater impact on socio-economic development16

Many different governments very often are not familiar with the

specifics of family businesses and the role of their contributions that

have economic and social development. Challenges of family

15 Jaka Vadnjal, ―Definicija i prednosti porodičnih firmi‖ në Porodicne

firme.Beograd, December 02, 2014 (also accessible:

http://porodicnefirme.rs/2014/12/03/slabosti-porodicnih-preduzeca vizit

13/04/2015) 16 Zvezdan Djuric, "Mali porodicni biznis u funkciji drustveno-ekonomskog

razvoja", ne: Socioekonomica, vol. 1, N° 2, Beograd, December, 2012, f. 162.

(also accessible:

http://www.socioeconomica.info/jspui/bitstream/11171/51/1/Djuric%20

Zvezdan.pdf visit 13/04/2015 )

http://porodicnefirme.rs/2014/12/03/slabosti-porodicnih-preduzeca



Baki Rexhepi

142 Thesis, no.1, 2015

businesses in the Balkans in general, but also in Kosovo in particular,

are almost similar to those in the European Union practices.

In order for family businesses to be more influential in social and

economic development of a country should be taken the following

actions:

• Since government policies to be more informed about the role

and importance of family businesses and their role in social and

economic development of the country.

• Governments to define the family businesses.

• To perform statistical research about family businesses.

• Creating the most appropriate legal regulatory for transferring of

ownership in the cheaper and easier way.

• Improving education

• Development of new mechanisms for financing family

businesses.

• To determine special institutions to collect information and to

listen to the problems faced by family businesses.

• Include representatives of the family business in public private

dialogue.

• To establish groups of experts to propose policies and

instruments for the family business.

• The government should analyze with served examples of best

practice policies to family businesses in the Netherlands17, Slovenia18,

Spain19 and Belgium20.

17 Self Government in different ways encourages the family business . Family

business owner who has spent 55 years of life sends letter of seeking to

appoint a successor . However, only 30 % of family businesses will continue

en second generation ; 18 Slovenia : Chamber of Handicraft and Small - training and seminars

(emotional aspects , legal and fiscal Transfer Ownership and Management) ; 19 Spain - measures to resolve conflicts between family members dealing with

its management company ; Spain (Valencia) - financially regional

government subsidizes specialized teams of experts to develop the protocol

family;


Thesis, no.1, 2015 143

Conclusion

Family firms present the oldest and the most common form of

business organization in the world. Today, we cannot accurately

estimate the impact, the power, and potential of family businesses, but

it seems that family-owned companies have little attention.

Family businesses experience the same success factors as well as all

other companies, they need to develop management system and seek

their position in the market, but the essential priority of family

companies is the fact that the family lives with the company 24 hours

a day. Family businesses are more focused, more responsible, and

they care for the community. They are focused on long-term business

success and continue to invest in the business, even when recorded

the satisfactory results.

Even in bad condition, family businesses should lead to the exit

from the crisis! Family companies have proven to be an important

part and quite successful throughout the world economy. Although,

today we face a difficult business environment, we hope that Kosovo

companies will be crucial to overcome the economic crisis.

Literature

1. Djuric, Zvezdan. " Mali porodicni biznis u funkciji drustveno-

ekonomskog razvoja ". në: Socioekonomica. vol. 1. N° 2. Beograd.

December. 2012. f. 159. (also accessible:

http://www.socioeconomica.info/jspui/bitstream/11171/51/1/Djur

ic%20Zvezdan.pdf )

2. European, Commission.‖Final report of the expert grup‖.

Brussels. November 2009. (4–32). (also accessible: http://ec.europa.eu

/enterprise/policies/sme/promoting-entrepreneurship/family-

business/family_business_expert_group_report_en.pdf/ vizit:

15/04/2015)

20 Belgium - Institute for Family Enterprise : Free in " line " self-testing to

measure the strength and weaknesses of the company in connection with the

transfer of ownership and management



Baki Rexhepi

144 Thesis, no.1, 2015

3. Gërxhaliu, Safet. ―Niveli i edukimit Ekonomik në Kosovë‖. Oda

Ekonomike e Kosovës. Pristina. 2013. (1 - 13). (also accessible

http://webcache.googleusercontent.com/search?q=cache:n6vqkcv4P

5kJ:wordpress.p203352.webspaceconfig.de/wp-content/uploads/

2013/09/Gerxhaliu_Programi-i-Edukimit-Biznesor-ne-Kosove-

ALB.ppt+&cd=1&hl=en&ct=clnk&gl=rs vizit: 19/04/2015)

4. Gusmari, Elona.‖Si të mbijetoni në një biznes familjar‖. Monitor.

379. Tirana. Mars 2015. ( 126 – 135 ). (also accessible

http://www.monitor.al/si-te-mbijetoni-ne-nje-biznes-familjar. vizit:

17/04/2015 )

5. Johansson, Dan. ‖ Family Business, Employment, and GDP ‖.

Milan. June 2009. (5 – 23) (also accessible:

http://core.ac.uk/download/pdf/6258292.pdf vizit: 13/04/2015 )

6. Massimo, Massa. ― The Rothschild Chaired Professor of Banking

and Professor of Finance at INSEAD ‖, September 25. 2014. (also

accessible: http://knowledge.insead.edu/organisational-

behaviour/family-ownership-channels-to-innovation-3587 vizituar:

14/04/2015 )

7. Republika e Kosovës. ‖ NVM Strategjia e Zhvillimit për Kosovën

2012 – 2016 ‖ . Pristina. 2011. (6 – 54) (also accessible:

http://www.kryeministri-

ks.net/repository/docs/Strategjia_per_zhvillimin_e_NVM-ve_-

_Korrik_2011.pdf vizituar 16/04/2015 )

8. Task Forca për Integrim Evropian.‖Material për diskutim për

fushën e industrisë dhe NVM-ve‖ Pristina, 2012. (2-5) (also accessible:

http://www.mei-

ks.net/repository/docs/Material_Diskutues_Ndermarrjet_e_Vogla_d

he_te_Mesme.pdf vizituar 16/04/2015)

9. Vadnjal, Jaka. ― Definicija i prednosti porodičnih firmi ‖ në

Porodicne firme. Beograd. December 02. 2014 (also accessible:

http://porodicnefirme.rs/2014/12/02/definicija-i-prednosti-

porodicnih-firmi vizituar 13/04/2015 )

http://webcache.googleusercontent.com/search?q=cache:n6vqkcv4P5kJ:wordpress.p203352.webspaceconfig.de/wp-content/uploads/%202013/09/Gerxhaliu_Programi-i-Edukimit-Biznesor-ne-Kosove-ALB.ppt+&cd=1&hl=en&ct=clnk&gl=rs





http://www.kryeministri-ks.net/repository/docs/Strategjia_per_zhvillimin_e_NVM-ve_-_Korrik_2011.pdf%20vizituar%2016/04/2015



http://www.mei-ks.net/repository/docs/Material_Diskutues_Ndermarrjet_e_Vogla_dhe_te_Mesme.pdf%20vizituar%2016/04/2015



http://porodicnefirme.rs/2014/12/02/definicija-i-prednosti-porodicnih-firmi%20vizituar%2013/04/2015

http://porodicnefirme.rs/2014/12/02/definicija-i-prednosti-porodicnih-firmi%20vizituar%2013/04/2015

Thesis, no.1, 2015 145

Technical Instructions for authors

1. THESIS is a Kosovarian journal with international characteristics which is edited by the AAB University in Prishtina. It is a periodic scientific and explorative journal where you can find most of all topics out of society and human science.

2. Its editorial office which consist of national and international experts, will accept materials in Albanian and English version. The editorial board serves its right to revise the materials and to correct them if necessary.

3. The articles can consist of 12-15 pages, written just on one page. There should be a margin of 3-4 cm on the left page. Original photos, drawings and tables are welcome as well as CD‘s containing the content of the text together with the references of the used program.

4. Each work must contain the title eventually the subtitle, the name of the author, the academic title, the name of the institution where he or she is working, the personal address and the email address. The editorial office classifies the works and articles in its certain categories as follows: - Original science studies: contain results which are still

unknown. The editorial office reserves the right to evaluate them. The authors pledge not to publish their materials in another journal or magazine.

- Educational articles: are treated as original works out of different fields of research. Also called reviews and criticism of texts which belong to special disciplines.

- Compositions and materials: these are also considered as original workings.

- Professional works: are results of research and of work on special issues. They will be also evaluated by competent readers and cannot be published elsewhere.

- Compositions: contain short scientific results of researches or essential information out of meetings or scientific publications. Contributions like which are not allowed to exceed the length of 5 pages.

- Research educative works: are treated as special works. - Comments: actual topics of special disciplines. They cannot

exceed the length of 2 pages.

Technical Instructions for authors

146 Thesis, no.1, 2015

- Information: contain the activities of different associations they cannot exceed the length of 2 pages.

5. The articles should contain at the beginning an abstract and at the

end a synthesis or conclusion. The abstract at the beginning introduces the basis idea of the contribution. The author writes it in the third-person by not using impersonal verbs just in special cases. The words should not be too long. It is necessary to use exact scientific terms and avoid unknown abbreviations. One should keep to the basis information and should avoid conclusions which do not exist in the text. The authors are obliged to explain and specify the key words (at the end of the abstract) otherwise the editorial office cares about it. The synthesis should be short and should not contain explaining comments unlike the introduction. In the synthesis are explained the methods and results of the researches as well as the detected reasons. The sources of the publications are just mentioned if it is of high importance for the publication. The working techniques are mentioned in short form only if they differ from those already known. If in the article is not described the experimental or practical work then it is necessary to mention the source of information. The results and conclusions can be repeated. Just the conclusions or reached inventions must be reported as information in summary form.

6. The text should be structured in the following chapters:

1. The abstract. 2. The key words. 3. The introduction. 4. The review of the published works from the respective fields. 5. The materials and methodology. 6. The conclusions. 7. The comments or discussions of the results. 8. Conclusions. 9. Gratitude (if necessary). 10. Annex (if necessary). 11. The bibliography and sources.

Thesis, no.1, 2015 147

The Style of University of Chicago

Whereas Thesis Kosova has the authorial right to place its sources and document the articles it publishes, the editorial office has decided to adopt a general method of its publications. It has chosen the method of documentation according to the so called; the university style of Chicago, where the notes are placed at the end of the page just because of the practical way to read them. Althoug this style of documentation is well known, the editorial office took the right to name some of the rules as follows:

The notes are followed by nubers throughout the chapter. A note number should be placed at the end of a sentence or at the end of a clause. The number follows any punctuation mark except for the dash, which it precedes. It follows a closing parenthesis. These notes are seperated from the text by a long dash from the left side of the page and are as long as the alignment of the respective page. But the notes are seperated from the text by a double space. Where only a handful of footnotes appear in the entire article or, perhaps, just one in an article, symbols may be used instead of numbers. Usually an asterisk is enough. In case when a text is citated for the frst time, the author has to indicate all needed information in order to locate easily the citated text. The notes must contain the following information:

The name of the author, initials of the second name(if exising), last name followed by a comma;

The title of the book, underlined or in italic letters; The place and date of the publication, seperated by commas

end closed in brackets and followed by a comma; The number of the tome( written in Roman numbers) followed

by a comma; The numbers of the pages, followed by a full stop. The notes written at the end of the page, the titles of the published

articles must be in italic letters, whereas those which are within the text must be in inverted commas. The titles of the manuscripts and the normative acts are not written in italic letters or in inverted commas. At the end of each note is posted a full stop. The information concerning the publication, stated at the end of the page, must contain the place and date of the publication but unlike the bibliography, it is not necessary to name the publishing house. In case of reviewed


148 Thesis, no.1, 2015

publicationn, its date should be indicated. In case of translated books, the name of the translator must be stated after the title. The number of the pages, the author refers to must be indicated. If the place of the publication is unknown then just the country can be stated. If there is more than one author then both names must be written (like in the book). If there are more than two authors then just the name of the first author must be indicated. The secondary citations of the sources are stated by writting all facts of the first source and by indicating that they are secondary if you cannot refer to the first source. All these notes are written at the end when the source is mentioned for the first time.

This informatin must be listed as follows: The name of the author, initials of the second name (if exising),

last name followed by a comma; The place and date of the publication, seperated by commas

end closed in brackets and followed by a comma; The number of the tome( written in Roman numbers) followed

by a comme; The numbers of the pages, followed by a full stop. According to the university style of Chicago, for all references

which are already mentioned within the chapter, the following abbreviations are used:

The abbreviation ibid. (from ibidem, ―in the same place‖) refers to a single work cited in the note immediately preceding. It must never be used if the preceding note contains more than one citation. If the entire reference including page numbers or other particulars, are identical the word ibid.is used alone.

The abbreviation Op. cit. (opere citato, ―in the work cited‖) is the term used if a single work is cited in the whole form. This term must contain the last name of the author and if there are two authors with the same last name then also the first name is need.

The abbreviation loc. cit. (loco citato, ―in the place cited‖), is also used instead of op.cit. when reference is made to a work previously cited and to the same page in that work. As such, loc. cit. is never followed by volume or page numbers.

All these abbreviations are written in big letters. All notes end with a full stop. They should be written precisely and proper. If the work is seperated in chapters the notes begin with number one and are placed at the end of the page.


Thesis, no.1, 2015 149

Bibliography In a printed work, a bibliography is normally placed at the end, preceding the index. The bibliography can contain just the work considered as essential for author‘s subject matter but also other relevant information. So its length is variable. A short biblioghraphy lists all information in one chapter. A long bibliography includes texts, periodics, public interviews, speeches, reports, sources out of internet etc.

The titles of the bibliography are listed alphabetically according to the name of the author

If there is no author mentioned, the bibliography is listed according to the first letter of the title. Titles in foreign languages beginning with ―a‖, ―an‖, ―le‖, ―les‖, ―un‖, are listed at the end and the first letter of the next word is using for the alphabetical register. A work without an author cannot be listed under the category ―anonym‖.

Titles of the bibliography must contain the following information: The last name of the author, name and initials of the second

name(if exising), followed by a comma; The title of the work, followed by a full stop. Titles of many

works are written in italic letters or are underlined whereas titles of works which are part of an analogy or collection are put in inverted commas.

The number of publication, followed by a full stop. The name of the translator, compiler or editor, followed by a

full stop. The place of publication, followed by a colon. If the city is

unknown the country is stated. If more than one place is mentioned just one of them is stated.

The name of the editor, followed by a comma. The year of publication, followed by a full stop. If the date of

the publication is not stated at the page of the title but elsewhere, then it must be written in brackets; if there is no date at all then there must be stated an approximate date with the abbreviation c.(circa).

The page containing the respective information can also be stated, followed by a full stop.

The sources out of the internet must be listed under another

category: Internet sources e.g.


150 Thesis, no.1, 2015

The time of the last visit of the cited page must be also indicated

after the web address.

1. http://www.bbc.co.uk/albania/region (visited for last time 26.09.2008)

2. http://www.cde-ct.org/rwct

Thesis, no.1, 2015 151

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