• New Administrative Courts in Albania


New Administrative Courts in Albania

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Since May 2012, the Albania Parliament adopted the law on the establishment and functioning of Administrative Courts in all three levels of the judiciary, including the Administrative College of Supreme Court.

The Administrative Court has already been functioning from December 2013. The procedures and specialized courts adjudicating administrative cases are believed to affect the performance of the administrative and consequently it will improve the climate for business activity.

The main improvements will focus on the following points
Reductions of procedures and bureaucracy associated with the resolution of administrative issues by defining a procedure quite different from the ordinary civilian trials.

The procedure has no determined existing the maximum timeline within which the court must decide, but the new law has specific conditions that will reduce the resolution period compared with the past and can achieve up to 60 days in the court of first instance.

Another improvement is thought to be the increase in the number of cases classified as administrative which will increase the number of cases that will be decided in accordance with the new rules.
The legislator has thought to provide a trial within a short time and therefore this law gives a more active role in the court process. Moreover, the public administration bodies are more involved in the trial having the burden of proof regarding the legality of an administrative act even when they are sued as defendants.
The new law provides another interesting innovation or which are not relevant at the moment. Some court decisions cannot be appealed, such as:
Administrative penalty for violations amounting to less than twenty times the value of the minimum wage; administrative act that has refused to give a monetary obligation in the amount of less than twenty times the value of the minimum wage; administrative act consisting monetary obligations in an amount greater less than twenty times the value of the minimum wage;

This judicial reform in Albania is considered one of the most effective reforms which will significantly improve the behavior of public administration bodies, making them more responsible and careful in fulfilling their legal duties.

Sat Jan 03 01:39:20 CET 2015

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