How the establishment and functioning of administrative Albanian legislation found itself closer to the view defended by the third group. The ascertainment for each concrete case of the violated legal provision and the regulation of the legal consequences unjustly violated, returning the parties to the previous situation, determines the type and nature of the conflict that the court must resolve according to our procedural legislation. To support this, it is enough to refer to Articles 324 and 331 of the Code of Civil Procedure ‘. (S.Sadushi)The third grouping, as a criterion for determining the administrative dispute takes ‘the nature of the legal provision, the violation of which causes the conflict’. So, ‘the conflict arises with the birth of the legal-administrative relationship’.
Even a terminological explanation is needed. In the civil procedural legislation of Albania, administrative dispute is known as ‘administrative dispute’. From the way the bodies that ‘adjudicate administrative disputes’ were structured, Albania seemed to be ‘closer to the Anglo-Saxon system’, because ‘it did not accept the existence of administrative courts’. Conflicts were dealt with ‘in the courts of the ordinary system’.
However, ‘if it were to be taken as a criterion’ for determining the object system, the manner of adjudication, as well as the procedure followed during the administrative conflict, then it can be said that the legislation in Albania ‘approached the manner of adjudication of cases by administrative courts’.
All this shows that the administrative judiciary in Albania would not have a difficult time adopting the administrative dispute adjudication system through the administrative courts.According to Albanian legislation, any of its citizens could file a lawsuit in court, if considers that by the illegal act ‘any lawful right or interest has been violated’.
Two moments are important for a citizen to file a lawsuit in court. First, the plaintiff must argue before the court the illegality of the challenged administrative act. (S.Sadushi “Administrative law, p. 64) Second, the breach must be related to the plaintiff’s direct direct or even indirect interest, and that interest must be based on law.
Advantages of the administrative judiciary for Albania.
Of the many advantages that the administrative judiciary in Albania can face, I am focusing on these, as the most important. First, in the efforts to build the rule of law, of particular importance is the role that the administrative judiciary can play in strengthening the protection of the rights and interests of citizens.
Second, in efforts to institutionalize judicial protection in general, the administrative judiciary could be seen as having a strong impact on protecting and ensuring objective legality which has been violated in the past and continues to be violated today. Third, in an effort to ensure that the same bodies review the compliance of administrative acts with the law or with a higher legal norm, administrative courts can be presented as a powerful instrument of guaranteeing that review.The Administrative Court was “born” as a necessity to put an end to the (mostly business) walks to resolve issues related to public administration.
