The Necessity to Precise Defines the Albanian Administrative Courts’ Competences

Abstract

The establishment of Administrative Courts in Albania is an important step done in the justice system. Administrative Courts decisions have a direct influence in creating an appropriate climate between public administration and private entities and solving with efficiency the disputes between them. In practical terms, the law “On Administrative Courts” which is being implemented presents some problems regarding the competences. Due to the lack of transitional provisions in the law, that should define the competent court for the cases previously recorded, there are some disagreements regarding the files which were being analyzing in the Court of First Instance. The unifying decision of United Colleges of Supreme Court1 tried to supplement this lack, deciding to transfer all the files registered from the Court of First Instance to Administrative Courts. The aim of this study is to analyze the legal situation created after Administrative Courts establishment and their function. Is the Supreme Court decision in conform to the Albanian Constitution? The study is focused in the legal arguments of how to improve Administrative Courts function in order to guarantee effective protection of the rights and legitimate interests through a regular judicial process.

DOI: 10.5901/ajis.2014.v3n3p215