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LPA Law Firm Albania a powerfull Partner

• Oltjan
  LPA Law Firm ALBANIA

On 3 May, 2012 the Albanian Parliament approved Law no. 49/2012 “On the Organization and Functioning of Administrative Courts and the Judgment of Administrative Disputes” (effective as of 1st June, 2012).
Law no. 49/2012 inter alia abrogates articles 35/b, 320, 324-333 of Law no. 8116, dated 29.03.1996 “The Civil Procedure Code of the Republic of Albania”, as amended, which provided for judgment of administrative disputes by the administrative section of the ordinary civil courts.
Law no. 49/2012 regulates the following:
(i) establishment, organization and functioning of the administrative courts;
(ii) jurisdiction and competence of administrative courts;
(iii) organization of the administrative judicial system;
(iv) decisions of the administrative court and their enforcement.
Administrative courts are organized as (i) Administrative Courts of First Instance; (ii) Administrative Court of Appeal and (iii) Administrative College of Supreme Court.
The following fall under the jurisdiction of the administrative courts:
(i) disputes arising out of normative/individual administrative acts and public administration contracts;
(ii) disputes arising due to unlawful intervention or omission of public administration bodies;
(iii) conflicts of competencies arising between public administration bodies;
(iv) disputes arising out of employment relations, if the employer is a public administration body;
(v) other requests related to administrative infringements.
The new provisions of Law no. 49/2012 provide for access to the court of individuals and entities claiming to have been damaged by the public administration actions or omissions. Law no. 49/2012 guarantees a fast and effective judicial examination of the claims in a relatively short period, i.e. not exceeding two months in the first instance courts, and one month in the appeal court. Contrary to the previous provisions, under Law no. 49/2012, the public administration bodies have the burden of proof concerning the legitimacy of contested administrative actions or omissions.

Hoxholli, O. 2012, "LPA Law Firm Albania a powerfull Partner". In: LPA Law Firm Albania a powerfull Partner, ASECO, Albania.

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