TEME DIPLOME ANGLISHT- Gjykimi i konflikteve administrative - Administrative Adjudication of disputes

UNIVERSITY scientific Master Profile : Public Administration Subject : Administrative Adjudication of disputes leading instructor diploma thesis Recognition gratitude and thanks goes to all university professors In its professionalism and their dedication to transmit knowledge , I managed to graduate. 2 METHODOLOGY - For the realization of this study was a cross-referencing between the situations of conflict aktulale administrativete trial and will undergo changes to this structure as a result of the implementation of administrative courts and the application of the reforms vazhduesme which should be based on European practices . Also methodological part , I followed the concept of teaching through the paving of questions and answers in them . GOAL - In the treatment
of this topic I do main purpose of our legislation interpretation to the discretion of the administrative issues, highlights the current state of these trials in Bangladesh , as this legislation aligned with European standards , which are possible solutions for our country and the premise for the creation of autonomous administrative courts . 3 TABLE OF CONTENTS HYRJA............................................................................................................ CHAPTER I - Understanding Conflict for conflict ADMINISTRATIVE 1.2 1.3 Types of conflict Administrative Administrative Administrative Disputes     objective and subjective kopnflikte on the legality of acts CHAPTER II - Internal administrative 2.1 2.2 Demand informal administrative complaint CHAPTER III - 3.1 3.2 How Lawsuit sued an administrative act   conflict of full jurisdiction for acts that do not rise lawsuits CHAPTER IV jUDICIAL REVIEW oF PUBLIC ADMINISTRATION aCTS 4.1 4.2 4.3 purpose Institute judicial review judicial review causes of revision topicality aND CHAPTER V - premise to FUTURE 5.1 current situation of judicial review of administrative acts in Albania 4 5.2 5.3 5.4 relevant experience in other European countries European standards for judicial review of administrative acts possible solution for Albania CHAPTER VI oF cONFLICT RESOLUTION 6.1 administrative Court - legal Review administrative acts by independent courts that offers 6.2 - advantages in solving administrative disputes the Administrative Court Disadvantages 6.3 - creation of administrative courts - 6.4 administrative Court reduces the arbitrariness of the state to business INSTALLATION CHAPTER VII aDMINISTRATIVE cOURTS Members Question Why should the administrative court ? 5 As the administrative court was installed in the European Union countries ? In what proportion are constitutional courts and administrative tribunals ? Meant by ' Europeanisation ' of administrative adjudication ? In what direction is developing and may develop administrative reform judgments ? What makes possible the administrative court ? What will be the administrative report gjukatave institutional administrative procedure ? What are the basic functions of administrative courts ? What problems might arise in the practice of administrative courts ? Should the administration ' to fear ' judicial control ? Where he found himself Albanian legislation in the field of administrative proceedings ? before preparing the draft for administrative courts ? What route can be followed in Albania ? What will be expected of judicial control in Albania ? CONCLUSION .................................................................................. REFERENCES ................................................................................ ENTRY 6 Legislation governing the state administration for a period of time , has been the biggest gap legislation that we inherited from the establishment of democracy . In laws passed after this period , were reflected in the appropriate level of measures to guarantee the fundamental rights and freedoms of citizens in the field of administrative law . Special attention was paid to continuously control the legality of administrative bodies . Can anyone think of that regulatory acts or individual character of the state administration , may affect the rights and freedoms of natural persons and legal entities recognized by the European Convention of Human Rights , the Constitution and other laws , as there denying the effects imbalance between the powers of the state administration and administruarve . It is necessary that these relations be placed under effective control , in order to be legal citizens of your insured recognized the rights guaranteed by law , the principle that in a state of law , the state and its administration must subject to the law itself . The right to check the legality of an administrative act , should be widely open , so that people who claim to have been touched or violated their rights recognized by law and oppose the interests of the state administration act , be possible to restore the violated rights . Court is the body that can exercise effective control over acts of state administration , when the judge has sufficient professional authority , independence and the right decision given is fully enforceable . Not negate the positive role of the system of administrative control over the legality of administrative acts , but control of the judicial system is inefficient and independent . Across the topic , administrative Komflikti treatment facility is therefore in the beginning I tried to talk reasonably about it. To reach to judicial control and the creation of administrative courts , according to our legislation in force , must exhaust the administrative procedures to control 've judged it necessary in the treatment of the topic , initially present administrative complaint procedure , then I come to judicial review and the solution that gives administrative court disputes of this nature . I applied under our legislation , all procedures and remedies which drejtrohesh like body which issued the challenged act , as well as his superior body in kontrollinbazë After I finished with the administrative hierarchy . Administrative and I highlight all its levels of procedure , have shown how the procedure can turn to the court and that the remedy lay in lëvzje it . After treatment of judicial review as a separate institute of administrative law , have become a reflection of the current state of judicial review of administrative acts in our country and in some other European countries . In the end I discussed some of the European standards that are presented in a paper prepared by Jean - Marie Woehrling - Judicial Control of Administrative Authorities in Europe : Towards a Common Model , edited by sigma ( a joint initiative of the OSCE and the EU ) . In this paper are very standard but I have presented only a few of them to which I feel able to explain . Finally talk about the creation of administrative courts as a better option for resolving conflicts with administrative character . I have tried to explain the advantages and disadvantages that brings the creation of administrative courts in our country . I selected some practices of the European Union countries that have Implemented in their legal system administrative adjudication of disputes through special courts 7 . The inclusion of European standards in the treatment of the topic is made ​​with the intention that our country is increasingly aimed approximation of legislation with European standards . CONFLICT CHAPTER ADMINISTRATIVE Administrative Disputes 1.1 The meaning of administrative remedies doctrine there are different approaches in determining the meaning of an administrative dispute . Some authors define the administrative conflict according to formal criteria which mean that conflict is resolved at special administrative courts . It is a conflict that is resolved in special judicial proceedings . Other authors depart from the types of parties that participate in administrative conflict . According nadministrativ their conflict is a conflict in which public administration appear as a party , either as plaintiff or defendant . Another group , as a criterion for determining the nature of an administrative dispute take legal provision , the violation of which causes conflict . According to the latter 's view , conflict is created that with the emergence of legal- administrative relationship . Albanian legislation currently finds itself closer to the view that it protects The third grouping . The conclusion for each concrete case of legal provision violated and regulation of legal consequences unjustly violated , returning the parties to the previous situation , determines the type and nature of the conflict to be resolved procedural court under our legislation . With full protection of legality of administrative acts can only provide a judicial check . The Court is unable to assess the legality of the exercise right to administrative activities and observe cases when legal norms violated or not . Court protection is not diminished administrative control , but rather helps restore the violated law in those cases where separate administrative control has failed to sufficiently guarantee effective and legality of administrative acts . Just eshtye judicial control , which ensures the protection of legality in public administration and operation that simultaneously constitutes a constitutional guarantee for citizens , to protect their rights through a fair public trial by an independent court appointed impartial by law . Administrative conflict enables the parties to submit their opinions through a controversial debate . Administrative disputes between individuals and presented public administration body , or in other words , between the entities that issue administrative acts which case it manifest with power and those entities that are in a position to subdue the administrative legal relationship . Therefore in an administrative court , so objectively and professionally authoritative reviews administrative contested issue . By 8 administrative conflict realized two fundamental purposes of mutually related : - On the one hand aims administrative conflict and strengthening the implementation of the principle of legality in the work of administration ( target goal ) . Strengthening of legality in the work of administration , namely the avoidance of lawless administration work , to repair that her work . - Conversely administrative konfilkti aims to achieve its full protection of subjective rights of citizens and legal persons defined by law from possible violations that can be made when issuing the final administrative acts . Administrative disputes arising from administrative legal relations when the final administrative act of the state or organization which exercises public authority , is breaking the law to the detriment teindividit or legal person , respectively in favor of the individual or legal person appointed . Administrative conflict is a conflict that arises between the individual or legal entity on the one hand and on the other state body , and which takes place before the competent court . The right to initiate administrative dispute has particular person or a legal person if it considers that the administrative act is right or violate any direct personal interest based on law . Conflict admin can commence and the Ombudsman , if the administrative act is breaking the law to the detriment of social communion , respectively insticionit which protects it according to the law . Undoubtedly, through the institution of administrative conflict permeates , harmonized and complemented as subjective intentions as well as those objective of administrative conflict , ensure the realization of the legality of the rights and interests of individuals , as well as the overall goals accomplished for the protection and security of legality in society . 1.2 Types of administrative conflicts are known several types of conflict and administrative divisions but most commonly used are : 1 - Administrative Disputes objective and subjective 2 - Conflicts over the legality of the act 3 full conflicts of jurisdiction administrative conflicts   objective and subjective We distinguish these conflicts affect the scope and type of act . Given the purpose of resolving conflict trezulton subjective administrative law aimed at protecting BTE subjective and subjective legal situation , while administrative conflict resolution is intended objective of legal siruates objective . Type I act upon which an administrative dispute arises . Administrative conflicts are cases where the subjective nature subject to review administrative acts made ​​( individual ) , while the objective administrative conflicts are those conflicts , which can be opened against general acts ( normative ) . 9 In this case it should be borne in mind that the objective and subjective conflicts can not permanently match the criteria of purpose . So , it is possible that a conflict under goal should be defined as objective , it aims protection of legality , meanwhile according to the type of act that is rejected will team up in administrative disputes subjective to object when the administrative act .   The conflict over the legality of the act Here it comes , when the court decides that conflict only consider the issue of the legality of the challenged administrative act . In the dispute over the legality of the act the court assesses whether the challenged administrative act violated the law in the sense eshyte material or formal . In this conflict the court is not concerned with setting the legal consequences of the act , but only its legality . To such conflicts , judicial decision has not direct legal effects but the execution of his passes kmpetencen of that body , whose act is annulled . The purpose of the conflict over the legality of the administrative act is the repeal of the act , if it is indeed illegal. Therefore this conflict is also called limited administrative conflict . If the court deems that the challenged act is illegal it cancels it and orders the competent body to issue another administrative act , in accordance with the reasoning of the court . To this conflict , primarily avoided lawlessness which has produced administrative act . Judicial decision in this dispute affects only indirectly in individual legal situation . So the question of legality here is paramount , therefore only examine the legality of the administrative act . Resolving the conflict over the legality of the act is intended objective simultaneously ensuring judicial protection of the rights of citizens of other legal entities .   Conflict of jurisdiction Conflict full 10 Aims To this solution that aims primarily to protect the subjective rights . In this case it should be noted that full jurisdiction conflicts are heterogeneous in positive legal systems of some countries . The conflict itself full jurisdiction court decides contentious relationship . Also , the court may decide at its discretion , not only the opportunity but also the legality of the challenged administrative act . We conflicts of full jurisdiction court decisions are greater than in conflicts over the legality of administrative acts . This happens because of conflict such that the court is not confined to the annulment of an administrative act , but resolves itself perfundimishtceshtjen administrative concrete . CHAPTER II Internal administrative 2.1 After emerging informal request administrative acts in different areas of country life , which affect or infringe fundamental human rights , it is necessary to exercise control over these acts . Specific methods for challenging administrative acts is provided in the Administrative Procedures Code which defines how administrative acts can be challenged within the administration of the act has come . To realize an administrative objection administration which issued the remedy is needed . Remedy would call procedural vehicle by which a party or other interested person hits ( rejects ) an administrative act ( decision ) issued in administrative procedure , which thinks that it is illegal and irregular and requires the competent authority to intervene the act or strikes ( rejects ) the disclosure of the aktit1 . Person whose interests have been violated by an administrative act can address the body which issued the act , through an informal request . Informal request is a document which reflected the concern for an administrative act that has come up . She applied singularly and serves to request a service from the public administration . Informal request is a form of " light " complaint is a letter of the petitioner asks the person or body responsible for the act , which once again sees the act and show more care in reviewing this act because it can have consequences good unforeseen by the issuer of the act , or has errors padëshirueshme2 . From this I understand that this request is not directed but only the superior authority which issued the act , by drawing attention to improve the act that has brought or taken steps to withdraw it altogether . So this application does not obligate anyone to think that the most effective tool is the administrative appeal . 11 2.2 The administrative complaint Unlike informal request , the administrative appeal is a more complete remedy to seek repeal or modification of an administrative act requires mandatory compliance after a special review procedure . Through administrative appeal any interested party has the right to appeal against administrative or his refusal since the Constitution guarantees that everyone has the right to be rehabilitated and / or be compensated in accordance with the law if it is damaged due to an act , unlawful act or omission shtetërore3 bodies . Administrative body , of which the complaint is obliged to examine the legality but if necessary propriety of the challenged act . Only after it is exhausted legal way , then interested parties can turn to the courts through judicial review to the court system institute 4 . If an act is valid or not, this relates to the right of the administration to 1 2 Retrieved from magazines " Juridical Tribune " No.76 - literature prepared by Ms . Av . Artan Kolnikaj . Retrieved from magazines " Legal Tribune " No.76 - literature prepared by Ms . Av . Artan Kolnikaj . 3 is a constitutional guarantee which provides in Article 44 of the Constitution of the Republic of Albania . 4 Based on Article 173 of the Administrative Procedure Code . Regularity criteria set itself the act , by not recognizing the court for such a power . From the moment carried by the individual 's right to appeal until the competent body to examine this appeal , a time that passes under the Administrative Procedure Code is 1 month , but specific laws may be even a longer time . So act may have created all its legal effects to the detriment of the individual who complains . Namely that the right of appeal to be a really effective tool for protecting individual rights and examining the validity of the act by the value obtained through the issuance of the decision will necessarily be implemented , the Code of Administrative Procedures provides suspension aktit5 enforcement . Suspension of the act serves fair resolution of the matter , as the administrative body when examining the validity of the act before the fact does not feel committed. However , recognizes the exclusion code , according to which in any case can not be suspended act . This is understandable because in practice there are many cases when this suspension of the act can also bring serious irreparable damage . There may be suspended administrative acts that come to collect taxes, fees or other revenue budget , or when the act is concerned with the application of police measures . In all those cases where immediate enforcement of the act is deemed that serves the interests of public order , public health , and public interest in general , the act becomes No Suspension domosdoshëm6 . The right of appeal can not be unlimited in time . Deadline provided in the case of an administrative appeal can not be too long . That provides a monthly deadline Code of Administrative Procedures assumed as a reasonable term and optimal for the subject who claims that a drejtë7 affected . This term relates to the day when the applicant has received notice of the act or its extraction . From this moment is calculated monthly deadline for filing an administrative appeal . In cases where the administrative body does not issue an act , although there is a demand for which a citizen is obliged to return an answer , then draw an act , then he is entitled to an administrative appeal this action to the administration within three months from the date of filing fillestare8 . During this period , the competent authority is required to come up with a decision on the appeal filed by answering claims. Over the period , within which the body is forced to examine the administrative appeal and issue the relevant act , the subject has the right to address gjykatës9 . These rules oblige the administration in its relations with the right entities to be transparent and correctly perform the activity for which it is charged by law . For a complaint to be considered by the competent authority , necessarily formally requested it. This relates to the filing of a complaint in writing which reflects all the necessary elements that appear in section 143 of the Administrative Procedure Code which provides : 12 written request must contain the following information : a) name and address of the applicant ; 5 6 envisaged in Article 138 of the Administrative Procedure Code . Item 2 of Article 138 of the Administrative Procedure Code 7 Article 140 paragraph 1 of the Code of Administrative Procedure 8 Article 140 , paragraph 2 of the Code of Administrative Procedure 9 Based on Article 328 of the Code of Civil Procedure . b ) administrative act , draw or missing contested c ) the grounds of appeal d ) any other document deemed important by the complainant . After the development of appropriate administrative procedure , administrative body reviewing the appeal may decide accordingly uphold the act and the collapse of demand , repeal , revoke the act and accept the appeal , amending the complaint and partially accepting the obligation of the competent administrative body to act out when it refused tij10 extraction . So , the administrative body that provides decision , eventually resolved the issue , enabling the entities that benefit from the decision to seek his execution , as it gives all the possibilities party who disagrees with the resolution , to seek judicial review concrete act according to procedures requiring Civil Procedure Code . 10 Article 146 of the Code of Administrative Procedures . 13 CHAPTER III LEGAL ACTIONS 3.1 How sued an administrative act . Lawsuit is the remedy by which the court powering to review the request for an administrative review . According to the definitions in the Code of Civil Procedure , a lawsuit may be searching for repeal or modification of an administrative act , and to challenge the refusal of approval of an administrative or left unaddressed by the deadline set in the organ citizen opposition administrativ11 competent . So according to this definition , the claim may be raised when the plaintiff argues that the administrative act is unlawful and that the interests infringed his rights . So the plaintiff to have standing must first argue that the administrative act is illegal . This argument must come clear that the presentation of the petition to the court , otherwise just Referee must return the claim within the time for its completion . The petition must contain the be all its essential elements to be regular and able to begin reviewing the case to court . Its elements does the law in section 154 of the Code of Civil Procedure , which are: written in Albanian ; contain court where filed ; generalities of plaintiff and defendant ; object ; facts , circumstances , documents , other tools on which supported the lawsuit , the plaintiffs research , the value of the claim if the object is appreciated . Not every administrative act may be challenged in court as a dispute or conflict . It is important for the court to determine the nature of the legal relationship established for each case , because this dispute can be resolved as the legal relationship of the other areas of law , regardless of how the dispute stems from an act of state administration . For example : the legal relationship established between the employer and the employee with the contract of employment relationship is a legal relationship that stems from working right . Order the employer to the employee's dismissal where the employer is the state body , can not be addressed and resolved as an administrative legal relationship . Another requirement for the legitimization of the plaintiff 's argument that he violated the interests and rights of tij12 . The latter can be damaged as well as , direct way indirectly . Directly impairing the interests and rights is more easily understandable , while indirect damage requires a careful assessment of the administrative act that causes damage . Under Section 328 of the Code of Civil Procedure , the time of action is 30 days from the day of announcement or notification of the decision to a higher administrative body that has reviewed the complaint administratively . When the law provides for direct appeal to the court , appeal period starts from the day following the announcement or notification of the act to which the action is filed . Administrative jurisdiction deals with the legal protection of the legitimate interests of citizens affected by an unlawful act of the state administration . 14 11 12 Referred to in Article 324 of the Code of Civil Procedure . Referred to in Article 325 of the Code of Civil Procedure . 3.2 Acts which do not rise to the claim. Our Legjislacionoi explicitly provides administrative acts for which no action can be taken in gjykatë13 . It is for administrative acts issued by the Council of Ministers , the central government and local bodies of state administration which contain a general obligation , except when they violate the rights and lawful interests of citizens . So no action can be taken by means of which require the repeal or amendment of an act with the normative character of the central and local organs of state administration . Action can be taken to court for administrative acts are not normative character , but are administrative acts of individual character . Ordinary court will be competent only for the review of administrative acts of individual character that pops government and other central organs of local administration or those not considered normative . By placing this as a general rule , the provision in reference provides literally exception : " unless they ( normative ) affect the rights and interests of citizens ." This can not be regarded as a failure in the making of law , but as a concern for the protection of citizens from acts of state administration that affect those rights or legitimate interests unfairly and unlawfully . Also no action can be taken for administrative acts which are in the competence of the Constitutional Court . Under the Constitution , the jurisdiction of the Constitutional Court is not letting review of cases dealing with the merits of normative law , but is left in its competence compliance of normative acts of central and local bodies with the Constitution and international context.14 agreements . In practice encountered cases where the act is not illegal but it was under the jurisdiction of the Constitutional Court , these acts can not remain out of control and therefore will be subject to judicial review by the ordinary courts . This position is also Mr. Kristaq Traja which states that : "If the Bylaws of the central bodies and local laws contradict the Constitutional Court is not competent to examine their compatibility . In such cases the competent court ësftë common when individual rights are involved , thought that violate the above acts . This of course happens when not violated any constitutional norm , which would make the Constitutional Court of competent jurisdiction " 15 . To determine normative prejudice the legitimate interests of citizens is quite difficult and releasing them outside the court 's jurisdiction , there is a solution for mitigating the courts . Therefore the plaintiff in particular in this case , must submit full arguments regarding the illegality of the act and especially prove the facts on which his claim to represent the violation of rights and legitimate interests . So these rights and legitimate interests must be real and not just prejudice exist only potential possibility of violating their act. 15 13 14 Forecast by Article 326 of the Code of Civil Procedure . Powers of the Constitutional Court are provided for in Article 131 of the Constitution of the Republic of Albania . Competence in question is his point b . The judge 15Mendim Kristaq Traja in his " Constitutional Justice " . Other acts for which no action can be taken are administrative acts relating to the appointment and dismissal of public officials . These acts have legal arrangement posaçëm16 . Firstly not before violating any fundamental constitutional right , and secondly , not touched any legal interest of these individuals , while the law itself provides for such a thing . For example , the appointment and dismissal of the Chief of General Staff , it is clear to everyone , that is in itself being a process that runs in the policy aspects of a shteti17 . Just as one can not have standing to research why not set it in such a function , and the persons named in these functions can not be legitimized by the court for rejecting their departure . 16 Point 17 eu Article 326 of the Code of Civil Procedure . Example from the " Commentary of the Administrative Procedure Code " - Sokol Sadushi and Gent Ibrahimi . JUDICIAL REVIEW 16 CHAPTER IV 4.1 Institute of judicial review . Will the public administration bodies expressed in individual administrative acts and normative finds its reflection in the constitution , laws , and other provisions of legal character . All this activity is not infallible and , therefore , not uncontrollable . Oversight of executive activity is subject to political control , through certain bodies for this purpose , as well as internal control and the judiciary . Institute legal action review in general and administrative acts appear more important and widely treated in legal doctrine . The review includes both types of controls , that the Code of Administrative Procedures sanctioned principle of internal control and the judiciary . This is one of the main principles of public administration which provides for the protection of constitutional and legal rights of private persons accomplished by subjecting the internal administrative control as well as your administrative proceedings in accordance with legal provisions . Institute of judicial review of administrative Mahalla is a constitutional guarantee for citizens to protect their rights through fair and public trial by an independent court and impartial . Doctrine as well as the competent authority to determine law invalidating an action or an administrative act . In our legislation, judicial review of administrative actions and sanctioned acts as a constitutional principle in the law "On the main constitutional provisions " in Chapter 18 " For freedom and basic human rights ." These constitutional provisions guaranteed to the citizens some basic legal rights and among them including the right to go to court in the event that any public autortet had violated the rights of a person . Also this guarantees the right of the Republic of Albania Constitution which provides that anyone on the protection of rights, freedoms and interests of its constitutional and legal , has the right to a fair and public hearing within a reasonable time by an court independent and impartial tribunal established by law . Also , everyone has the right to be rehabilitated and or indemnified in accordance with law if it is damaged due to an act, action or failure to act shtetërore19 bodies . The realization of these fundamental rights is left to rely only on general constitutional principles . These principles have also found their application in other specific laws . So all legislation issued in accordance with the Constitution , fundamental principles , which dealt largely in doctrine , the Administrative Procedure Code , Civil Procedure Code and the evolution that constantly undergoing judicial jurisprudence are the basis of judicial review of acts and actions administrative . 17 18 19 Article 39 of Law No. 7491 , dt.29.04.1991 " basic constitutional provisions " These rights are provided for in Article 42 , paragraph 2 and article 44 of the Constitution of the Republic of Albania 4.2 The purpose of judicial review . Judicial review of administrative acts performed through the administrative divisions created within the ordinary courts . Administrative sections are part of the judicial power and are considered an integral part thereof . The power of the courts administrative sections depends legislation governing their jurisdiction . Article 324 point he predicts Civil Procedure Code sections administrative competence . Administrative sections , according to our judicial system , not only can make an invalid administrative action , if it is an excess of jurisdiction , but to change the administrative act . Certainly the court can not assess the appropriateness of an action or an administrative act but has the right to enter all the issues of legality and can change its administrative determination . The purpose of judicial review is limited in terms of the legality of administrative acts and does not extend to review of his eligibility and regularity . So , focus judicial function in determining the legality of an administrative action , in contrast to the administrative appeal , the administrative body through which examines the legality and regularity of aktit20 . Sections administrative courts are the only forum of administrative adjudication . They weigh in on the legality of a decision of an administrative body , taking on the issue in fact a solution to the underlying conflict . Further proceedings in administrative cases , as in other trials , based on a strict judicial inquiry , but always without exceeding the principle of availability parties. This is important procedural principle , according to which the court finds that the dispute should be expressed on all that is required and only for what kërkohet21 and the court must be expressed to all requirements set forth in the indictment , without overstepping the boundaries of saj22 . Our system of law is intended to achieve an optimal balance between an effective administration and realization of public interests on the one hand , and the preservation of individual interests on the other. In pursuit of this goal , our system of law is used , also , the same technique judicial process , as well as the various systems , through which over time he has developed and consolidated, managed and directed our administration , and further perfected judicial control. 18 4.3 Causes of judicial review . Some highlights based , which become due for judicial review of administrative acts are: The Failure of the form and procedure . - Insufficient power - Overcoming - Defects thelbësore23 jurisdiction . etc. . Regarding the first reason , non compliance with the form or procedure for extracting the act by an administrative authority in the exercise of his powers , the Administrative Procedure Code considers as sufficient reason for Article 21 to 20 137 points 2 of the Code of Administrative Procedure . Article 6 of the Code of Civil Procedure 22 Section 28 of the Code of Civil Procedure on the work of Dr. 23Referuar . Sokol Sadushi " Administrative Law " subject to judicial review administrativ24 ​​act or action . Exceptionally disregard the form and procedure brings does not necessarily invalidate the act or administrative action carried out by the competent authority . This breach can not constitute a violation of the legal process and therefore do not appear important in a particular case if there were no major impact and necessary to act out , and when a decision made can legally protected even on other grounds . However , all these are assessed as appropriate and can not be evaluated strictly . Regarding the second reason , insufficient authority to issue an administrative act appear in different situations . Administrative willingness displayed by a person who is not named in a state duty or function that is suspended or moved by it , is not a legal act . Such an act may be declared void by the court at any time . A decision of an administrative authority may also be invalid when issued by a body that belongs to another power . An administrative act taken by an authority that belongs , for example, local government , will be void if it is to be taken by an authority that belongs to the central government . The third reason has to do with the excess of jurisdiction when an administrative authority acting on an issue that extends beyond its territorial limits , or when acting on a matter that does not concern him . Acting as the first case , considered as excess territorial jurisdiction while acting on a matter that does not belong to him , constitutes substantial excess of jurisdiction . Excess of territorial jurisdiction . Jurisdiction to issue an administrative act has authority only within the territorial jurisdiction of which the legal relationship occurs . Substantial excess of jurisdiction . An administrative authority of a higher authority in the same department performs granted authority to the lower . The fourth reason has to do with fundamental defects which are defects relating to the content or substance of an act or administrative action . These defects can be administrative actions are not based on law or are a result of misunderstandings or misinterpretations of law . Administrative Procedure Code explicitly requires that the content of an administrative act must be sufficiently clear and përcaktuar25 . This means that the issuer of the act , as well as other interested persons or third parties that are outside the scope and content of the act , he must be completely clear and not ambiguous. Interested parties may use unfair means such as fraud , bribery or obligation to make an administrative act or self administration may use the wrong means to achieve a concrete object . In such cases the act constitutes cause to be subject to judicial review on the use of the wrong tools . 19 24 Based on Article 116 , letter c of the Code of Administrative Procedure , which provides : Administrative actions will be considered absolutely worthless in terms of this code when it is issued contrary to the form and procedure required by law . 25 Article 109 of the Administrative Procedure Code provides : Justification should be clear and include an explanation of the legal and factual basis of the act . CHAPTER V topicality and the premise FOR THE FUTURE 5.1 Current situation of judicial review of administrative disputes in Albania . In our country the judicial review of administrative acts is currently in charge of the judicial system zakonshëm26 . In general , the provisions of the Code of Civil Procedure apply to judgments of administrative matters , except as provided ndryshe27 Code . Administrative disputes may be submitted to judicial review , if : - the administrative body has acted in his capacity as Acting sovereign rights / state authority ; - plaintiff seeks annulment or amendment of the act , or administrative body opposes refusal to issue a administrative act or by failing to consider the administrative body of the plaintiff's complaint within the prescribed period, and - the plaintiff argues that the administrative act is illegal and it violates the interests and rights. However , before presenting the case to court , the plaintiff must seek the decision of the highest administrative body , which reviews an administrative complaint , unless the law provides for direct appeal to gjykatë28 . Competent administrative body that issued or not issued an administrative act against which the complaint is made ​​to decide on the administrative appeal within one month of its submission . If he does not accept the appeal , he is obliged to transfer the appeal to the superior body , which must decide on the appeal within two weeks . If the administrative authorities do not adhere to deadlines , the applicant can apply direct gjykatës29 . Albanian judicial system consists of three degrees , which are district courts ( currently 29 ) in the first instance , courts of appeals ( currently 6 ) and the High Court as the degree of recourse . First Degree adjudication of administrative cases of first instance , created separate sections in 17 district courts , having territorial jurisdiction extended in order to cover other areas of rrethit30 courts . Tirana District Court administrative matters judged exclusively by an administrative section that consists of eight judges , these judges must consider other issues only if it is imposed by the workload . While in Durres District Court administrative matters adjudicated by an administrative section consisting of five judges , while a total of twenty- three judges , in twenty- four organic but really only see twenty- three after missing one judge . In most courts , the judges of the 20 Articles 2 , Law No. 5.7 . 8346 , dated 28 December 1998 " On the Organization of the Judiciary in the Republic of Albania " 27 Article 323 of the Code of Civil Procedure , for specific provisions , see sections 324 to 332 . 28 Article 328 of the Code of Civil Procedure , the procedural detail within the administration Nenet141 29 , 142 of the Administrative Procedure Code in relation to Article 328 , paragraph 2 of the Code of Civil Procedure 30 As required by Article 320 / a Proçcedurës Civil Code , Decree No President . 1501 , dated 29 May 1996 " On the Establishment of Administrative Sections , Commercial and District Family Courts " 26 administrative departments should also consider non - administrative matters considerably , due to the small number of administrative and judicial matters tyre31 in courts . In some of the district courts , especially in the smaller courts , all cases are distributed among all the judges despite the formal existence of an administrative section , in order to achieve a more equal distribution of load punës32 . Administrative matters ( as other civil matters ) tried by the judge alone , if the value does not exceed 20 million lek , otherwise by a panel of three judges . Second Degree In appellate courts , the panel must attend specialized judges administrative33 issues . Virtually all judges of the appellate courts have followed additional training for administrative matters considered specialized in this field and take part in the trial of cases administrative34 . Cases are heard by panels of three judges . Third rate in relation to the High Court no provisions that require specialization . Practically , administrative issues addressed by all the judges of the civil division . Cases are heard by panels of five judges . No data on the number of administrative cases in the High Court . 5.2 relevant experience in other countries evropiane35 Organization of judicial review of administrative acts varies considerably between European countries over the issue of having autonomous administrative courts or administrative loading jurisdiction of ordinary courts and the number of remedies . In order to benefit from their different experiences , will be taken as reference only countries with less than 10 million inhabitants , because Albania has only 3.1 million inhabitants and organizational premises are not comparable with many countries with a population greater . Some other countries have it fully loaded administrative jurisdiction of the ordinary court system with three degrees are for example , Denmark ( 5.4 million inhabitants ) , Norway ( 4.5 million ) and Slovakia ( 5.4 million ) . In Denmark judicial system currently consists of 82 district courts , two High Court and Supreme Court . There are no judges to judge only administrative matters . Cases are heard by a single judge in the first instance , by a panel of three judges in the High Courts and by a panel of at least five judges in the Supreme Court . Has already begun a reorganization of the entire judicial system , which will reduce the number of district courts in 22 , which will exercise jurisdiction in the first instance for all matters 31 32 21 information is obtained from the secretariat of the Judicial District Durres . This information is obtained in the context of visits to courts across the country , for a 3 month period , visits by European Assistance Mission to the Albanian system of justice - taking the website to EURALIUS ëëë.euralius.org.al 33 Article 333 of the Civil Procedure Code . 34 Information received orally from chancellors of 35 appellate court information was obtained on the Internet site of the Association of Councils State and Supreme Administrative Courts Union ( http://193.191.217.21/en/home_en.html ) . administrative . The purpose of this reorganization is to provide a more profitable use of resources in the courts , giving the Supreme Court an opportunity to focus on issues of interest. However , having a unified judicial system seems vend.Sistemeautonometë a finding by the administrative courts exist , for example , in Austria , Finland , Sweden and Lithuania . In Austria autonomous administrative jurisdiction currently exercised by the Supreme Administrative Court as the first and the last court . However , there are two levels of protection remedies within the administration to be exercised before being put into motion the court . judged by 61 judges issues that generally are part of a five -judge panels . Austria autonomous administrative jurisdiction is not disputed, having just one degree higher level court considered unsatisfactory . A planned reform provides a means of legal protection only within the administration and the creation of ( at least 10 ) administrative courts in the first instance , while the Supreme Administrative Court will be reviewing only recourse scale legal issues of particular importance . In Finland ( 5.2 million ) , administrative jurisdiction autonomous system consists of two steps . Eight regional administrative courts , with 156 judges , see a load of 20,000 annual income issues , usually with a panel of three judges . The Supreme Administrative Court judged about 3,800 cases from 21 judges , usually with a panel composed of five judges . The draft changes that are under consideration in parliament predict that the regional administrative courts may be tried more cases of a single judge . Generally , it is assumed that the system has been operational practice . Sweden ( 8.9 million ) is an autonomous administrative court system consists of three steps. The first level consists of 23 regional administrative court with 123 professional judges , who adjudicate issues on a panel and three lay judges . Four Appeal Administrative Court with 93 judges sit in panels of three and two respectively judges . Supreme Administrative Court with 18 judges . Apparently , the system is not believed to be acceptable , as a government reform program envisages merging administrative court administration with the county district court in the same municipality in order to achieve the exchange of expertise among judges and other personnel , but also the resources used more efficiently . A Swedish expert , in charge of Europës36 Council , drew up the arguments in favor and against the creation of specialized courts based on the experience in Sweden and reached the conclusion that a unified judiciary should be preferred and " special courts should be avoided , unless there a sufficient number of issues within a specific area of law identified . Expected work load should require more than ten special court judges can stay . " Lithuania ( 3.5 million inhabitants ) is an autonomous administrative court system with two degrees , five regional administrative court with 45 judges who typically sit in panels of three judges , and the Supreme Administrative Court of 15 judges who hear cases in panels of three or five judges . An assessment carried out in 2003 found generally acceptable system . Other countries , especially some very small countries of Eastern Europe have created mixed systems . In Latvia ( 2.3 22 36 See the report of Mr Anders Lindgren / Sweden in : CEPEJ , Territorial Jurisdiction , 05 December 2003, p . 20-26 , 30-32 million ) , an autonomous administrative court judge at first instance and second , while the Supreme Court established judicial system functions as the last instance in administrative matters . In Estonia ( 1.4 million ) administrative matters adjudicated by two administrative court of first instance , with 27 judges generally only see as judges . In the second instance , administrative rooms ( 11 judges ) both ordinary Courts of Appeal judge administrative issues with a panel of three judges . In a third instance administrative room ( five judges ) Supreme Court considers relevant issues with a panel with , respectively , three or five judges . The creation of special courts is considered successful , as the number of cases returned in the first degree and second degree is reduced and the number of incoming cases at first instance has not diminished . In Slovenia ( 2 million ) , administrative judicial system consists of two steps . Administrative Court has the status of a higher court reviews the administrative issues in the first instance . Complaints are reviewed by the Supreme Court , which has a Department for Administrative Review . Evaluation of the information received does not lead to any clear conclusion whether it is preferable to have autonomous administrative courts or administrative jurisdiction uploading the ordinary courts . This is not an unexpected result , as the success of any model depends on many factors that vary from one country to another , for example , the object of administrative jurisdiction , population density , density of courts , number of judges in relation to the number of inhabitants , number of levels and composition of the panel , the sophistication and complexity of the law and jurisprudence , judicial budget and other factors . However , different patterns of selected countries show that an autonomous system of administrative courts requires a large number of issues in order to have a sufficient load issues in the last degree . As the number of cases is on a considerable scale in proportion to the population , small countries would be better to loading the jurisdiction of the court of last resort on top of their usual system . Austrian experience shows that just having a degree is not efficient court , as this court imposes the highest level of minor issues . On the other hand , having two degrees of administrative jurisdiction appears to be functional in practice in many countries - even if ordinary judicial system is three degrees . 23 European 5.3Standardet regarding judicial review of acts administrative37 . Effective judicial review of administrative acts is an essential element of the system of protection of human rights and at the same time is an indispensable tool for improving the quality of administrative activities and ensure good governance . Moreover , it is a requirement of a developing economy , after security trade and investment decision requiring public bodies Jean - Marie Ëoehrling 37 - Judicial Control of Administrative Authorities in Europe : Towards a Common Model , edited by sigma ( a joint initiative of the OSCE and the EU ) . In this paper are very standard but I have presented only a few of them to which I feel able to explain . making to undergo effective means of protection . This basic idea has been accepted by all European countries in the last few decades , despite different attitudes regarding the creation and organization of administrative jurisdiction . Although this development is based on different traditions and fields of administrative trials varies greatly in the legal systems of different countries , being raised within a stable and increasingly common principles . Here it is stated that as judicial review should be organized , but provides the general rules that must be respected by the Member States in the organization of judicial review of administrative acts , ie , it reflects the current state of " European standards " that must be respected . In the context of this discussion , the following principles apply : Judicial review should be conducted by a tribunal established by law and the independence and impartiality which are guaranteed in terms of the Recommendation on the Independence , Efficiency and Role of Judges . This basically confirms that the administrative resolution of a dispute is the issue of a court established by law , in accordance with the requirements of the European Convention on Human Rights . Although the latter were expected to be implemented in the administrative field , the European Court of Human Rights has considered it applicable to administrative issues since 197138 . Separation of administrative jurisdictions is of particular importance . Since being asked to settle disputes involving public bodies , judges and administrative issues were exposed in front of a high risk of being affected or deemed to be influenced by the executive power . Thus , individual jurisdictions are expected to provide the same guarantees of impartiality and independence as well as the ordinary courts . Judges administrative matters should not be civil servants who look a little too formal administrative complaint , but judges truly and completely independent . Court can be an administrative court or part of the regular judicial This complements the previous principle , defining characteristics of the body responsible for judicial review of administrative acts . This refers to two models who traditionally practiced in European countries , ie , an administrative jurisdiction is autonomous and one that is integrated into the ordinary judicial system . These models are often set against each other by specifying the chief administrative jurisdiction as a " specialist " . However , this reaction does not necessarily correspond to any fundamental change , as well as the ordinary judicial system can provide a high degree of specialization by creating rooms or sections of administrative matters , as did most of the countries that have maintained the unity of jurisdiction . However , in terms of compliance with European standards , the two models are equal . 38 24 Gilles Dutertre , part of the main issues , the European Court of Human Rights 2003, p . 174-180 decision of the court examining an administrative act , at least in important matters , should be subject to appeal in a higher court , unless the case is sent directly highest administrative court in accordance with national legislation . Although under the Convention on Human Rights remedies are not binding , required a right of appeal in most cases , with a view to appropriate judicial protection includes the right to a second trial . However, it is the responsibility of the State to set the limit within which complaints may be made to the higher courts and specify the jurisdiction of the appeal body . Since the inclusion of a higher authority in administrative adjudication deemed essential to ensure uniformity of administrative jurisprudence , the principle does not apply if a case is sent directly to the highest court in accordance with domestic law . Natural and legal persons may be required to exercise protective tools provided by domestic law before they have the right of judicial review . The procedure of exercising these protective tools should not be prolonged . Exercise other protective means before seeking judicial review enables the prevention of excessive work load for influencing courts in judicial efficiency . It is in the interest of the judiciary and administration and may contribute to reducing procedural costs for the individual . However , this obligation should not prevent natural and legal persons to seek judicial review of the act by the whole trial lasted erratically . Council of Europe and the European Convention on Human Rights ( ECHR ) have played a special role in setting standards in the judicial control of public administration activities . The Council of Europe has adopted several recommendations and disseminating information , documents and studies on best practices . European Union , mainly judicial decisions law of the European Court of Justice , exerts a significant influence on the approximation of national traditions on judicial control. These court decisions with legal effect , are influencing member states of the EU candidate countries as it also . Some techniques that have sparked debates as legal notion of responsibility and control of discretionary powers , all have roots in the legislation of member states . In these circumstances , a significant number of member states of the EU and some candidate countries are reassessing organizational choices they made and the rules of procedure of judicial review over administrative activities . 25 5.4 . Possible solutions for Albania is clear from the above explications may not be an ideal solution , ie , an effective judicial system and cost efficiency , to have full jurisdiction court in each district and at the same time judges very specialized . The best solution possible might be a fair compromise in balancing the interests of the reverse , and also considering the feasibility in practice . Option 1 : Failure of current changes in the organization of administrative jurisdiction . If priority is given access to a readily administrative courts for all citizens in Albania should not be discussed any changes with regard to the organization of administrative jurisdiction . As stated above , the present structure of the judicial system conforms to some standards. Currently not required to be neither cheap nor any action is taken . Before making any decision with far-reaching consequences should be looked subsequent developments . Option 2 : Concentration of administrative jurisdiction of the courts of first instance in the district of Tirana , Durres , Korca , Gjirokastra , Shkodra and Vlora . However , in order to achieve the expected improvements from a higher degree of specialization , administrative jurisdiction of first instance should be more concentrated than it is at present ( in 17 district courts ) . On the other hand , in order not to violate the right to a court , administrative jurisdiction of first instance should be provided in more than one country and these places should be distributed throughout the country . In determining an appropriate number of administrative jurisdiction of courts of first instance , should maintain a transparent structure and functioning of the judicial system as a whole . Particularly the expansion of the administrative jurisdiction of the district courts in other districts should not go beyond the territory of the relevant court of appeal . Possibility 3 : Rise of autonomous administrative courts in connection with the premises , administrative courts do not have any special needs that can not or offered by the ordinary court system . At least for the moment there is no essential difference between the jurisdiction of the ordinary and specialized regarding procedural rules and scales , as in the principle of Civil Procedure Code also applies to administrative issues . Some provisions of the few looks that do not cause problems with case management . However it is possible to change the procedural provisions for administrative matters to be taken into account may set specific requirements in support of autonomous courts for reasons of a better management . CONFLICT RESOLUTION 26 KREU-VI ADMINISTRATIVE COURT France considered ' cradle ' of administrative justice . Indeed, the French legal practice has created the first forms of administrative justice and administrative conflict ( let contentieux administratif ) . In the early nineteenth century , the resolution of administrative disputes between public administration and citizens was entrusted specific advice and the State Council . In this way , France served as a ' model ' and as ' example ' for administrative judiciary , later , was also attended by other European countries . Since the incoming reviews worth noting that the State Council in France , by an ' administrative organ ' time ' turned ' into a ' special administrative court ' , with the authority to resolve administrative disputes . Such a fact ' greatly affected ' in ' position of French theory ' , according to which special administrative courts were considered ' part of the administrative power ' , not ' part of the judiciary . In fact , the French doctrine always has ' refused ' to the State Council and other administrative courts to handle as part of ' unique system gjyqësoro - legal ' , but has presented as ' special organization ' , born at ' arm administratës39 . Administrative judiciary today is widespread across Europe . In Albania, efforts are being made for its installation . There is a draft , but the procedures have stalled . . At first glance , the history of the installation refers to administrative courts , and reserves hesitations before her, embracing different models , with an overall approach to the opportunities and advantages , while looking at the second answer to the question that asks conferences administrative courts in Albania : option or necessity . 6.1 Legal Review of administrative acts by independent courts 27 To realize this work was a comparison between the current way of resolving business disputes and the state administration and the way they will be solved by a specialized judicial body such as the Court administrative . Judicial review of the activities of governing bodies has its origins in the philosophy of the state that is governed and restricted by law and is based on the principle of law epërsisësë . Nowadays , the rule of law can not be thought without access for all citizens to an independent court and impartial , established under the law and able to meet the requirements of the development of a fair trial . The purpose of judicial review is intended to include within the jurisdiction of administrative courts all claims related to administrative issues , and also provide a broad legal protection to all administrative actions , regardless of their shape as individual acts , 39 Ivo Borkovic , is there , page 449 . administrative regulations or contracts . Control as " acts of government " 40 as well as acts based on the discretion of a court of appeal , in the first instance , and the avoidance of conflicts of competence with ordinary courts by transferring claims presented to the competent court error , which regards the issue , are a very important factor effectiveness . As such , the role of judicial review of administrative actions is to protect the citizens are eligible , but also to protect the public interest and the rule of law . In addition to this protective role , judicial review is seen as an important tool in enhancing the quality of management and good governance . The expansion of the public sector and the increasing complexity of administrative decision-making has a double impact : on the one hand brings new forms of administrative activity and increased demand for administrative flexibility in serving the public interest and in turn the effects of expansion such on individual lives are constantly increasing . In Albania , judicial review of administrative acts is currently in charge of the ordinary judicial system . In general , the provisions of the Code of Civil Procedure apply to judgments of administrative matters , unless otherwise provided in the Code . The term " administrative matters " can refer to the subject side of the issue or formal qualification subject to specific procedural provisions . However , the provisions of the Civil Procedure Code does not clearly define the issues to be considered as administrative matters . Consequently , there may be different practices of calculating the number of " administrative issues " in court . However , for the purposes of this study are based on figures obtained relevant data përkatësishtnga courts and the Ministry of Justice . Administrative disputes may be submitted to judicial review , if : - the administrative body has acted in his capacity as Acting sovereign rights / state authority ; - plaintiff seeks annulment or amendment of the act , or refusal of the body rejects a decree administrativpër administrative body or by failing to consider the plaintiff 's administrative appeal within the prescribed period, and - the plaintiff argues that the administrative act is illegal and it violates the interests and rights. However , before presenting the case to court , the plaintiff must seek the decision of the highest administrative body , which reviews an administrative complaint , unless the law provides drejtpërdrejtënë court complaint . Competent administrative body that issued or not issued an administrative act against which the complaint is made ​​to decide on the administrative appeal within one month of its submission . If he does not accept the appeal , he is obliged to transfer the appeal to the superior body , which must decide on the appeal within two weeks . If the administrative authorities do not adhere to deadlines , the applicant may address the court directly . Albanian judicial system is organized in three levels of jurisdiction , the district courts are ( currently 29 ) , courts of appeal ( currently 6 ) and the High Court . These courts are actually resolve administrative disputes . For the adjudication of 40 28 bill for " Organization and functioning of administrative courts and administrative disputes ." administrative cases of first instance , have created special sections in 17 court districts , which have territorial jurisdiction extended in order to cover other areas of the courts of the judicial districts that do not have such sections . In most courts , the judges of the administrative departments should also consider non - administrative matters considerably , due to the small number of administrative matters and the judges in their courts . In some of the district courts , especially in the smaller courts , all cases are distributed among all the judges despite the formal existence of an administrative section , in order to achieve a more equal distribution of the workload . Administrative issues as other civil cases are tried by a single judge , if the value does not exceed twenty million lek , otherwise by a panel of three indictments for gjyqtarë.Aktualisht rise in employment relations section of the Administrative Court of First Instance that includes territory where the employee normally performs his work This organization is one of the models provided administrative dispute resolution , in some European countries , besides a model of autonomous administrative jurisdiction . These models are often set against each other by specifying autonomous administrative jurisdiction as an administrative jurisdiction " specialize " . However , this reaction does not necessarily correspond to any ndryshimthelbësor , after the ordinary judicial system can provide a high degree of specialization by creating rooms or sections of administrative matters , as did most of the countries that have maintained the unity of jurisdiction . However , in terms of compliance with European standards , the two models are equal . The court decision reviewing an administrative act , at least in important matters , should be subject to appeal in a higher court . The creation of administrative courts , requires the transfer of relevant trials from the scope of the jurisdiction of the ordinary courts , and this represents a significant change in the judicial system , which requires a lot of effort and expense . Consequently, the need for these courts should be carefully considered before drafting legislation to create them . In order to establish whether they are advisable autonomous specialized courts for a particular field of law , the following factors should be most important that you should consider : 29 • The need for specialization in the relevant field of law ; • Possible reasons specific in favor of autonomous courts in relation to the relevant field of law relevant issues • Charge • The effects on the ordinary courts ; • effects on ability to address the court . Referring to the proposed bill for the establishment of administrative courts in Bangladesh shows that are anticipated as a competent court for administrative disputes : Administrative Court of First Instance , the Court of Administrative Appeals and Supreme Court . Forecasts for the organization of administrative courts made ​​reference to the provisions of the law on the organization of judicial power except when otherwise provided in this law , mekriteret about the appointment and career of judges , their status , responsibility for disciplinary violations , measures disciplinary disciplinary proceeding in court management services , as well as court reorganization and delegimii judges . Regarding the composition of the panel of the Administrative Court of First Instance judgment in draft provided with a panel consisting of a judge and panel of three judges . Trial by judge alone made ​​when we claim to value less than or equal to two million as well as those belonging to the field of labor relations . Administrative Appeal Court judges with a panel of pesëgjyqtarë for normative legal act charges against the three judges and other issues . The draft , also provided substantive powers , functional and temporal Administrative Court . Regarding the matter competence , the Administrative Court has jurisdiction to review administrative actions related mosmarrëveshjeveqë , labor relations regulated by the Labour Code , in which the employer is a public body , as well as a normative legal act of the central bodies or organs local government units . Innovation brought by this bill , for the first time in Albanian legislation is forecast functional competence by stages of the trial . For a more efficient trial and the protection of interests of the parties , the bill provides the authority under the Territorial Land tëcilin administrative body has conducted administrative action or in the territory of which the center is the administrative body . The concept of " burden of proof " in administrative justice differs from the concept that holds civil or criminal procedural law . In the context of administrative disputes , the burden of proof to prove the legality of the challenged act , falls on the administrative body . The law may establish conditions under which the court may imponojëbarrën of proof on the parties to ensure their cooperation necessary . Referring applied models in the world for solving administrative disputes sidhe bill for the establishment of administrative courts may pose some of the advantages and disadvantages of establishing these courts . 30 6.2 Advantages that offers the resolution of administrative disputes the Administrative Court Creating administrative court , ensures that issues pertaining to a specific area of jurisdiction ngagjyqtarë judged solely specialized in this field . Dealing more often with a limited range of issues , these judges can develop and accumulate expertise to draw high-quality decisions that will need to be changed from the highest , if a complaint is made against them .6.3 Disadvantages of the creation of administrative courts 32 establishment of administrative courts even though it is a very important factor in the integration of Albania into the European Union , should be seen in view of the problems that can cause . Konkretishtshkalla desirable specialization of judges for the expected positive results does not necessarily require the establishment of administrative courts . The crucial point is to have specialized judges for the trial of çështjevepërkatëse . Establishment of administrative courts leads to a certain extent also narrowing or restriction of access to a court . Number of specific issues in the jurisdiction usually justifies a few number of courts broadly based than is ordinary judicial system . Consequently , parties in remote areas will have tëpërballojnë higher costs and the burden on long journeys , which can deprive them the opportunity to address the court depending on the circumstances , if the court operates primarily konkrete.Gjithashtu as an itinerant court , administrative efficiency will drop and quality of judicial actions and decisions would leave much to the administrative court dëshiruar.Ngritja can cause dispute over jurisdiction between the courts . Even if the legal realm of administrative court can be separated from the technical and subject matter from other areas of law , some controversial matter jurisdiction can not be avoided . These disputes usually cause slow trials and additional costs , inhibit growth dhepër expected consequence of efficiency . Creating administrative court can weaken the ordinary judicial system . In particular , the efficiency of small unusual emergency courts can seriously jeopardized if their loads of issues continues to pakësohet.Për Furthermore, the possibility of mutual positive influence in favor of the trial is very low between separate judicial systems . The more autonomous court specializuaradhe create , the more will be reduced and the wide jurisdiction of the ordinary courts had , which has been an important factor in the development of law . Separation of judiciary in two or more autonomous judicial systems are likely to weaken the position of the judiciary within the system balances. The judiciary comprises only a small number of people , who do not have lobbying due to their dignity and position . Consequently , it is always the risk of underestimating or neglect of other powers , despite constitutional guarantees for its independence . If the judiciary must be divided into parts , this increased risk , particularly in relation to the system of specialized courts . Depending on the facility of specialized jurisdiction , may be difficult to attract talented lawyers and qualified for the administrative courts , as usual gjykatavetë jurisdiction provides a more flexible professional development and service in these courts considered to provide better opportunities for careers and their position in the profession . If the administrative courts up to very narrow areas of jurisdiction , courts neutrality may be compromised by the development of close relationships and personal contacts between specialized judges and lawyers specializing normally cover these courts . 33 6.4 Administrative Court reduces the arbitrariness of state legislation for setting up the business of this institution in Albania is consulting experts and international institutions . Albania is the last country in the region that has not yet Administrative Court , to resolve disputes mainly between business and state administration . Setting up such an institution as part of the justice system and one of the conditions is that the country must meet to EU membership. A bill for the establishment of this institution is being discussed in the standing committees of the parliament in Tirana and is also supported by the business community . Contesting state administrative penalties absence of a specific link in the justice system , which settles disputes between state and business administration , is considered due to the creation of difficult relations between them . The tax authorities , customs etc. . , In many cases have fined companies , firms or individuals . A part of the contested penalties are refused, the court followed the path . The business community has been initiative proposals as in the EU countries , or the rise and neighboring Administrative Court , as an institution specializing in such matters . Administrative judiciary represents sort of control over the administration , namely the administrative act , in the first special administrative act and the individual . This kind of control is realized in the field of administrative activity through the cilëszhvillohetformamëerëndësishmeefunksionittësaj . Surfaces as ' design theory and legal practice from the beginning of the XIX century , constructed under the banner of the need to protect the legitimacy of the objective and subjective rights especially qytetarëve41 . 41 Ivo Borkovic , Upravno pravo ( Administrative Law ) , Zagreb , 1997 , page 448 . 34 CHAPTER VII INSTALLATION OF ADMINISTRATIVE COURTS this chapter we have prepared answers questions and methodology in the context of questions which arose during the preparation of this paper . Why was appearing before hesitations and reservations prior to the administrative court ? Even though the ' mote ' everywhere where it was installed , as a ' perfect forms ' control over the legality of acts of administrative organs , judicial control of the administration is not ' seen with one eye ' . In fact , this type of control for a long time , almost ' was prohibited ' in many European countries . In those countries supported the idea that judges ' should not interfere ' in the so-called ' executive duties ' . Reason ' found in ' the principle of ' separation of powers ' . Furthermore , another reason stated . It was thought that the judges ' not prepared ' to , effectively , ' to interfere in administrative matters . Largest reserves appearing in the Eastern bloc countries , which also belonged to Albania . Intraregional administrative courts in Eastern countries , but as in Albania , the ' formal sense ' was seen as a consequence of a ' special view ' doctrine that was then , the political and legal , in those countries , in relation to the role state generally and the position of the administration , in particular . In fact , according to this doctrine , the institution of an administrative dispute regarded as ' bourgeois institution of law ' . So , as such , the institution ' not consistent ' with the role of the state administration and his position . three ways of installing organizational administrative discretion Which was ? First experiences with administrative adjudication , organizationally speaking it was installed in three ways , in terms of its holders : ABC administrative judiciary through the Administration . Gjyqësiaadministrativenëpërmjetgjykatavetërregullta . Administrative judiciary through special administrative courts . These three ways of installing the administrative adjudication installed three systems of conflict resolution administrativ42 . Administrative judiciary through the Administration itself , in principle , was not seen as a good opportunity for exercising this kind of 42 widely : Esat Stavileci , Introduction to administrative sciences , Office of Instructional textbooks and Kosovo , Pristina 1997 35 to control it , in fact , become ' judge in his own cause ' and , consequently , the independence and objectivity called into question . Therefore , the best ways of installing the administrative organization of the judiciary remain ordinary courts and administrative courts separate . The second way of installing the administrative organization of the judiciary , it through the regular courts , the literature is generally known as Anglo-Saxon system , for the reason that its birth is linked with Great Britain , but also with its former colonies , particularly in the U.S. although the administrative judiciary through regular courts also spread to the Scandinavian countries , primarily in Denmark and Norway . Starting component of establishing administrative judiciary through regular courts of law was himself British , the ' inspired by the idea of the general law ' ( Common Law ) that represents a ' common system ( unique ) legal norms and principles to which operates not only the individual , but also public authorities. It is noteworthy that the British and the American system does not differ in principle , as it is worth noting that , in addition to the regular courts , legal protection is realized through the ' administrative tribunals ' ( administrative court ) that , as a rule , established an ad hoc , as education , health , etc. . Why should the administrative court ? The development of the rule of law , made ​​an immediate need supervision setting administrative model which , as prejudiced , should provide ' broad legal protection ' in the field of administrative activity . It was thought that this mission could be achieved if the carrier oversight would become a separate body , the independence and authority of which will ensure that the administration in its activities , to be brought within the legal norms of positive law . Request for installation of administrative justice through administrative courts relied on a number of factors , among which it was stated that the administrative judiciary especially through administrative courts represents a ' very appropriate form of legal protection , either because of expertise , whether for because of their organizational independence ' . Naturally that on this and on a number of other facts , the European Union gave a great importance to the administrative judiciary generally . It seems that both are influential moments on the importance Euriopian Union provides administrative courts . First , because the ' vast majority of law generally found in the jurisdiction of administrative courts ' . Secondly , because of the self ' European Union attaches great importance to protecting human rights and protecting the public interest ' . As the administrative court was installed in the European Union countries ? 36 administrative judiciary is widespread in European Union countries . According to the state in 2007 , the 16 countries of the European Union , from a total of 27 members, as in Germany , Austria , Belgium , Finland , France , Greece , Italy , Latvia , Luxembourg , Netherlands , Poland , Portugal , Czech Republic, Sweden , Romania and Bulgaria , the administrative courts operate as specialized courts . In the 11 other member states of the European Union , as AlbaniaAlbania , Estonia , Denmark , Ireland , Lithuania , Hungary , Malta , Spain , Slovenia , Slovakia and the United Kingdom , operating subsidiaries or specialized rooms for administrative law , within the regular high courts ( supreme ) . In what proportion are constitutional courts and administrative tribunals ? Control gjykakat exercising constitutional and administrative courts exercising control differ in form and in content . However , in some countries , the constitutional court allowed the trial on the legality of administrative acts and powers , so to speak, become ' part of the administrative judiciary ' . Thus , for example , in Spain , in Italy , in France and in Estonia , constitutional courts have ' additional powers ' in the field of administrative justice . Meant by ' Europeanisation ' of administrative adjudication ? Prevalence of ever greater administrative judiciary in European countries has contributed to scientific conferences it is also about so-called ' Europeanisation ' of the administrative judiciary . ' Europeanisation ' of administrative courts is a ' sign of identification with standards that are embraced by a large number of European Union countries ' and now taking place in their legislation . However, the ' Europeanisation ' of the administrative judiciary also does not mean that administrative gjykakat in those countries are coated with ' the same clothes ' ​​, but as that does not mean ' administrative judiciary identify any of the adjustments referred to its organizational ' . In this context, Albania will have the opportunity to tailor administrative court conditions and its specific circumstances , without having to ' blindly adhere to a model ' . States that have embraced stantartet administrative judiciary in ' wave ' of its reforms . They are doing and planning to make decisive steps towards reformimittëgjyqësisëadministrativenëvendeteveta . In what direction is developing and may develop administrative reform judgments ? This is the question that is raised before them . First , in most countries are considered necessary for making analysis on the way past 37 and experiences in the field of judiciary administrtative . Second , the revised legislation which refers to administrative procedures in those countries . Third , are viewed possibility of amending the legislation concerning administrative procedures , while in some countries and the drafting of new legislation . Fourth , innovations that are being pursued in this field being applied in several countries of the European Union and is required ' common denominator ' . European Convention on Human Rights itself contains several requirements that should be had in mind that countries are making reforms in the administrative judiciary . On top of the requirements of the Convention is drafting new legislation , then the demand for ' education ' of judges and court advisers , as well as demand for the advancement of information technology in this field means creating opportunities and application development technologies new ' court case management ' . What makes possible the administrative court ? Without pretending to make breaking down in detail , but highlight some of the administrative judiciary opportunities . Firstly, the ' growing influence ' judicial control of public bodies that seen with much interest in the administrative judiciary . Second, the construction of a particular model of judicial control generally , the primary purpose of expanding and strengthening it. Third, the pervasiveness of the principle of separation of powers in judicial control volume shown great interest in the democratization of society generally . Fourth , guarantee the independence and impartiality of judges , with the primary aim of providing and strengthening the principle of legality in administrative judiciary . 38 Of more priority to administrative justice , will only mention some of them , again without claiming a detailed breakdown , given the limited time for presentation at this conference . In the first and , first of all , I would emphasize the primacy of administrative justice ' democratization of the judiciary ' . Another advantage of the administrative judiciary constitutes ' functional separation of its system of courts of general competence ' . Përpaërsi separate administrative judiciary is ' increasing confidence ' of citizens and public opinion in legal administration work . Finally , the administrative judiciary priority is the protection of citizens from ' administrative arbitrariness ' . Of course it would be completely impossible for other favors administrative judiciary . Without the order by importance that have or may have , these favors administrative judiciary should be seen as more likely to : A. specialization . B. Resolution of conflicts fuller . C. creative role in the development of administrative courts and administrative law . Administrative decisions by administrative courts and a very special advantage . It is expressed in powers of administrative courts . Indeed, ' the administrative courts have full powers , not only in law enforcement but also nëvërtetiminefakteve ' . The practice of administrative courts is diferente . In some developing countries the judiciary administrative control of the courts focus on the issue of whether the right decision was issued . In some other countries , the concentration of control of administrative courts become material in the truth and in its finding . What will be the ratio institutional administrative justice ? Even in connection with this report show two views . According to one view, the proceedings considered ' continuity of administrative procedure ' . According to a another view , it is for two separate procedures , one that takes place in administration and ended there , with the issuance of an administrative act and , the other in the courts , where the dispute the legality of administrative acts issued by the administration . Although there is a close connection between the rules that define the administrative procedure and judicial control , can hardly be accepted judicial view sekontrolli is a ' higher level ' of ' administrative procedure ' , given the fact that the administrative procedure , in fact , developed and completed within the administration . That judicial review is a higher institution in resolving çështjesadministrativenukështëfareekontestueshme . Administrative judiciary has a number of ' sensitive issues ' that are presented or that may occur . Sensitive issues arise , either in terms of volume , in terms of the control mode . A question about ' sensitive issues ' that requires an immediate response is : how is it possible that on the one hand , ' to ensure ' effective judicial protection and legal and , in turn , simultaneously , ' respected ' needs for taking ( extraction ) effective decisions in administrative proceedings ? 39 administrative procedure There are a number of tools that can help in this regard and who speaks the theory of administrative justice . First , it is necessary that the administrative courts ' powers be given as clear ' and this fact can be seen with much interest , as the courts , as well as for the application of the principle of powers të'ndarjes ' . The theory also speaks to another instrument : the ' possibility of applying consultative procedures ' in the administration reports to the courts . Indeed , it is thought the possibility that public bodies ' to the administrative courts may ask for the interpretation of laws and regulations ' that can eliminate them illegal decisions . However , this option may be associated with two observations that need to be considered . First , it should be ensured that the ' council by the courts for public bodies can be considered , in some way , ' preliminary judgment ' and , secondly , can be considered as ' privilege ' to public bodies . Among these instruments , in literature it is also delaying the effects of the judgment , to postpone the effects of judicial practice etc. . Should be understood as instruments ? As nothing more than ' common purpose ' of public bodies and administrative courts ' decisions best legal ' . In this connection , the administrative judiciary should be understood as ' a stage ' in the process of the decision and as ' an instrument to justify the action of the administration ' . Therefore , the conclusion becomes clear : separate actions should not be seen as kundërvetshme , but as additional ( complementary ) . Judicial control should be understood as ' a tool for improving the rationality and quality of administrative decision ' . When an administrative decision of the court ' legitimate calls ' , this fact by itself increases the ' legitimacy of the administrative body ' . May occur and vice versa. If the opposite happens , the public body must ' feel grateful ' bad decision is canceled . What are the basic functions of administrative courts Among the important functions of the administrative judiciary are two basic : function preventive and repressive function . Administrative courts protect , preventively , the rights of individuals . This type of protection ' prevents exceeded authority executive and administrative powers ' to the detriment of citizens . This feature of the administrative judiciary also expressed ' influence in the administrative procedure ' . Repressive function of administrative justice expressed in the application of sanctions , when presented ' concrete violation of the legal order ' . What problems might arise in the practice of administrative courts There are a number of problems that arise and that may occur in practice courts administrative.Ndër most significant problems he mentioned defense , 'no time ' , judicial - legal . Expect a number of subjects ' judgment ' , creep procedures and citizens lose faith in the courts generally . Another problem relates to the inability to appeal the decisions of the administrative courts . Should be reviewed when the court of appeal of administrative decisions excluded , although recent practices are favorable and , in principle , provide for appeal of decisions of administrative courts . 40 As a third problem may be mentioned that he expressed in the efforts of some countries to harmonize their legislation with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms . In these efforts , faces a pamjafueshme degree of harmonization of administrative conflicts with the overall document . In connection with administrative conflicts themselves , appear and may show problems. If there were attempts to ' summarize ' , could be separated these three problems : one , No regulation administrative institutional conflict , two , mospërkufizimi full administrative conflict and , three , not expanding enough of supervision of legality in individual acts of the state government and the public . Should the administration ' to fear ' judicial control ? The money that can be said is that ' can not feel good ' , with the fact that it is located " under judicial control ' . Second , the possibility that the procedure that has developed in the issuance of an administrative act will lead to the court , creates a certain ' legal uncertainty ' , by the end of the process , about the regularity of the administrative act kontesrtuar . Where he found himself Albanian legislation in the field of administrative justice before preparing the draft law on administrative courts ? Yes borrow answer this question Sadushi43 Our legislation makes Sokol finds itself closer to the view that protects third grouping . The conclusion for each concrete case of legal provision violated and regulation of legal consequences unduly vulnerable , returning to the previous state parties , determines the type and nature of the conflict to be settled by a court under our procedural legislation . To support this view , it is sufficient to refer to sections 324 and 331 of the Code of Civil Procedure ' . The third group , as a criterion for determining the administrative conflict takes ' nature of legal provisions , the violation of which causes conflict ' . So , ' konflkti born with the birth of administrative and legal relationship ' . Even a terminological explanation is necessary . In Albania's civil procedural laws , administrative conflict is known as ' administrative dispute ' . Administrative Procedures Code is ' a special chapter ' is termed ' administrative adjudication of disputes ' . Otherwise , about the meaning of administrative disputes , Sadushi in his book states that ' in the processing of this case , the author is primarily based on the text of Prof. . Esat Stavilecit'Hyrje in administrative sciences . However , ' if taken as a criterion ' for determining the scope of the system , the way of judgment and procedure to be followed during the administrative remember as then can be said Sokol Sadushi 43 41 , Administrative Law 2 , Tirana , 2005, page 254 . legislation in Albania ' offers by way of trial of cases by administrative courts ' . All this indicates that the administrative judiciary in Albania will not find it difficult to tëadoptojë system of administrative adjudication of conflict through the administrative courts . Under current legislation in Bangladesh , any citizen thereof, may raise a claim in court , if it considers that illegal act ' has violated any right or interest of ligjshëm44 . Both are important moments that a citizen can bring his case to court . First , the plaintiff must argue before the court the illegality of the contested administrative act . Secondly , the violation must be related to direct personal interest or even indirectly , to the plaintiff and that his interest should be based on law . In Albania are making efforts to ' get closer ' to Europe in the field of legislation , are studying the possibilities of institutional adjustment experiences of Europe member countries of the Union , is open the process of judicial reform in general and ' felt needs ' to examine the possibility of installing the administrative judiciary through the establishment and functioning of administrative courts as specialized court . There have been new perceptions about the ' limits of legality ' which means that the differences between legality and discretionary right ' reflect that no longer exist entirely discretionary decisions ' . 42 Which route can be followed in Albania ? I think that in the context of the reform of the administration , the administrative judiciary should take an important place . Secondly , the judgment of an administrative dispute , but the institute itself as well as the administrative conflict must be reconciled with the trends of general administrative law and administrative justice , in particular . In this context , it should first need to review the legislation that refers to administrative procedures . I am under the impression that the Code of Administrative Procedures Albania must undergo changes and should be supplemented with new solutions in this area . Of course we consider the road that Albania should be walking in accordance with the terms and conditions thereof, without ' wearing the clothes of another State ' Of more priority with which wearable administrative judiciary in Albania , 44 see the Code of Civil Procedure of Albania , Article 325 pondalemtekëto , simëkryesore . First , in efforts to build the rule of law , of particular importance is the role that the administrative judiciary can play in strengthening the protection of the rights and interesavetështetasve . Second , efforts to institute judicial protection generally , the administrative judiciary could be seen with a powerful impact on the protection and provision of objective legitimacy which in the past has violated and continues to be breached today . Third , efforts to ensure that the same bodies to examine compliance with the law or administrative acts with any legal rate higher administrative courts can be presented as a powerful instrument of security that review . What will be expected of judicial control in Albania ? Nothing more and nothing less than ç'ofron , in fact , judicial control . Perhaps it would be better if I put before them the question of what , seeks judicial review that was undertaken in Albania ? First , judicial control in Albania requires a decision ( judgment ) at the optimal time and not only wide volume control . Second , an effective judicial protection . Third , ' sufficient degree of intensity ' in control of public decisions , including the full review of the facts and full respect of fundamental principles . 43 CONCLUSION If society without state administration could live without reasonable control , legal and natural , can not live in a state of law , can not live with dignity , in a climate of social justice and Prevalence of constitutional order . In contrast to the abuses of power were to be found before these bodies , the power that society has given itself . The current organization of the administrative review of administrative acts in Albania complies with European standards concerning the competence of the ordinary courts, Remedies and request to seek a decision of the highest administrative body before being put into motion the court , not the trial lasts improperly . Nowadays , the rule of law can not be thought without access for all citizens to an independent court and impartial , established under the law and able to meet the requirements of the development of a fair trial . 2 . 05 . 4 . 5 . 6 . Law no . 12 . Law No. 7491 dated : 29 . 04 . justice . gov . Av . Artan Kolnikaj . 10 . 12 . 13 . 14 . 15 . 16 . 17 . 19 . 20 . 21 .