The evolution of administrative law in Albania and the impact of the decisions of the European Court of Justice in the Albanian legal reforms in administrative justice

• Author: Monika Meça
• Position: Legal Expert, Department of Legislation
• Pages: 182-194

The evolution of administrative law in Albania and the impact

of the decisions of the European Court of Justice

in the Albanian legal reforms in administrative justice

Ph.D. student Monika MEÇA1

Abstract

The selection of the thesis was generally motivated by the lack of legal treatise

focused in the arguments of Administrative Court importance in Albanian Judicial system

as a new judicial structure, whose role would be to check the legality of decisions of the

state administration with the aim to guarantee effective protection of human rights and

legitimate interests of private persons through a regular, conform, fast and reasonable

judicial process.

The aim of this study is to describe the institutional steps taken from Albanian

Government in administrative justice evolution, enormous differences between the

administrative law before and after 1990, and the impact of European Court of Justice

case law and EU law in the Albanian legal reforms in administrative justice.

By analyzing the development of the administrative law in Albania is highlighted

that the factors which influenced the transformation processes of this branch of law are

the level of political culture, the heritage of the paste and the European Union , which has

long been engaged in direct support for the modernization of public administration in

Albania .

In conclusion studying and analyzing the recent reform undertaken in the

establishment of administrative court in Albania is necessary to make an evaluation of the impact

of this reform in amending the legal framework for administrative procedures and

adoption of a new Code of Administrative Procedure.

Keywords: administrative justice, administrative court, Reform, judge, Code on

Administrative Procedures, evolution, protection

JEL Classification: K23, K33

I. Introduction and constitutional framework

This paper seeks to analyse the latest stage in the evolution of the Albanian

administrative justice, namely the changes introduced by the Government’s 20122

Reform, the influence of current European jurisprudence and the impact of the

decisions of the European Court of Justice in the Albanian administrative justice.

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1 Monika Meça – Legal Expert, Department of Legislation, Monitoring of Programs and

Anticorruption, Office of Prime Minister, Tirana, Albania, Monika.Meca@kryeministria.al

2 Law no. 49/2012 on Organisation and Functioning of Administrative Courts and the Adjudication

of Administrative Disputes”