January 2014
New Administrative Courts in Albania
Since May 2012, the Albania Parliament adopted the law on the establishment and functioning of Administrative Courts in all three levels of the judiciary, including the Administrative College of Supreme Court. The Administrative Court has already been functioning from December 2013. The procedures and specialized courts adjudicating administrative cases are believed to affect the performance of the administrative and consequently it will improve the climate for business activity.
The legislator has thought to provide a trial within a short time and therefore this law gives a more active role in the court process. Moreover, the public administration bodies are more involved in the trial having the burden of proof regarding the legality of an administrative act even when they are sued as defendants.
The main improvements will focus on the following points
Reductions of procedures and bureaucracy associated with the resolution of administrative issues by defining a procedure quite different from the ordinary civilian trials.
The procedure has no determined existing the maximum timeline within which the court must decide, but the new law has specific conditions that will reduce the resolution period compared with the past and can achieve up to 60 days in the court of first instance.
Another improvement is thought to be the increase in the number of cases classified as administrative which will increase the number of cases that will be decided in accordance with the new rules.
The new law provides another interesting innovation or which are not relevant at the moment. Some court decisions cannot be appealed, such as:
Administrative penalty for violations amounting to less than twenty times the value of the minimum wage; administrative act that has refused to give a monetary obligation in the amount of less than twenty times the value of the minimum wage; administrative act consisting monetary obligations in an amount greater less than twenty times the value of the minimum wage;
This judicial reform in Albania is considered one of the most effective reforms which will significantly improve the behavior of public administration bodies, making them more responsible and careful in fulfilling their legal duties.
ABOUT THE AUTHOR: Av. Renan Berati Renan is a senior associate at LPA Law Firm Albania in Tirana, Albania. He specializes in advising international and Albanian clients on corporate and commercial law and representing clients on litigation cases related to corporate and commercial matters. He has extensive experience of supporting M&A deals, intragroup restructuring and joint venture deals. Renan also possesses solid expertise in international commercial contracts. Key experience Acting for a leading Albanian property managing company in the acquisition of a hotel in Tirana. Advising a Fortune 500 major international company in connection with entering into the USD 10 million supply agreement Languages Italian, English, Albanian Copyright LPA Law Firm Albania More information about LPA Law Firm Albania
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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