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
SUMMARY

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... (see full summary)

 
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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”

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