The Compensation of Non-contractual Damages Caused by Administrative Bodies in Albania

• Author: Rezarta Mataj
• Position: PhD Candidate, Faculty of Law, University of Tirana, Albania
• Pages: 106-117

ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 1/2016

106

The Compensation of Non-contractual

Damages Caused by Administrative Bodies

in Albania

Rezarta MATAJ

1

Abstract: The responsibility of extra organs in the public administration (which includes state

administration and public entities) regulates the area where the damage, resulting not for an existing

contract between Albanian citizens or foreign legal person domestically or internationally but due to

the lack of a relationship earlier. If a decision or action or inaction o f state/public either faulty or not,

his own or its employee material entails a non-pecuniary damage to people, the state is responsible

and fully rewards the damage. C ompensation and understanding of these lawsuits regulated by Law

no. 8510/1999 "On liability of organs of state administration." The article 1 of this law provides that:

"The state administration bodies are responsible fo r property and damage, caused to natural or legal

people, private, domestic or foreign. Extra-responsibility of state administrative bodies governed by

the provisions of this law and the Civil Code of the Republic of Albania.” In this paper will be

analyzed the criteria of responsibility provided by the upper law but also specific criteria determined

in the Civil Code for tort liability under Article 608 to 652. This research aims to help citizens of the

types that require damages and rewards extent expected by the public administration.

Keywords: state liability; public administrative bodies; remedies; judgments

1 Introduction

In the Republic of Albania in the early existence of the state in 1912, the state

administration has taken responsibility for the damage caused to citizens. More

than civil liability, the state is trying to punish or prosecute against its employee for

damages caused by the fault of the third. While, genuine legal regulation of this

institution encountered in Albania after the change from the communist regime

after 1991 in pluralist.

1

PhD Candidate, Faculty of Law, University of Tirana, Albania, Address: Rektorati, Sheshi “Nënë

Tereza”, Kutia Postare No. 183, Albania, Corresponding author: rezimataj@yahoo.com.

AUDJ, vol. 12, no. 1/2016, pp. 106-