Principles of Administrative Trial in Albania

Abstract

The Constitution of the Republic of Albania has provided as government order the Parliamentary Republic. This means that our state has decided to support a free democratic regime, excluding any arbitrary or authoritarian rule. Among others, one of the essential elements of the functional democracy is the recognition and enforcement of the requirements of the rule of law’s principle. The rule of law is a universal principle. The essence of this principle is to guarantee the fundamental rights and freedoms of individuals. According to the aforementioned principle, the state has the responsibility to act appropriately to safeguard the rights of individuals, which fulfills through the establishment and functioning of the courts. The rights of individuals have subjective character. Violation of those rights, despite the reason, entitles a person to approach the competent authorities to require restitution, or restore them. During the exercise of their authority, these bodies should effectively protect the rights of individuals without prejudice to their rights (Article 1/c of the Law No. 49/2012 “For Administrative Court in Albania”). The most important thing that we have to underline is the fact that the competent authorities (administrative courts), during exercising their competency for defending in effective way the rights of individuals, must apply the law in a right manner, in order not to prejudice the rights of other individuals. This paragraph shall constitute the purpose and objectives of this paper The methodology used is qualitative, comparative and analytical between all the principles of administrative trial, especially in Albania. This paper will serve to other studies of the field ongoing since the Administrative Court is a new court in the Republic of Albania. And for that fact, books or publications in this field are few in number in Albania.

DOI: 10.5901/mjss.2015.v4n1p389