Probleme të organizimit të sistemit gjyqësor për gjykimin e mosmarrëveshjeve administrative
Organizational Problems of the Judicial System in Administrative Disputes

Summary/Abstract: The separation of judiciary system dates back to the Napoleon time and corresponds with the beginning of the modern process of the codifi cation of law starting with the French Civil Code of 1804 and French Commercial Code of 1808. Indeed, even the establishment of the fi rst models of administrative courts dates exactly with the Napoleon period, at which time in France was established a hierarchic system of administrative courts. At the beginning of its existence, this dualism of the judicial system was perceived with doubts by other European countries, but later was embraced in a large scale in the countries of European Continent and in former French colonies. Concretely, today 17 out of 25 EU countries have established in their jurisdictions a special jurisdictional system for the judicial control over public authorities through the establishment of completely separated administrative judiciary system from other judiciary system of civil law, commercial law and penal law. The establishment of a administrative judicial system fairly enough has been considered as a solution to increase the judicial control effi ciency over public authorities by ensuring the right of every citizen for a due process inter alia via a quick process of examination during all the phases of trial. In case of the Republic of Albania the fi rst serious effort in this direction has been done through the drafting of the Administrative Procedures Code that followed the Civil Procedure Code and that in Chapter II foresees special clauses for the adjudication of the administrative disputes. In the meantime, along with the drafting of the legal framework, at fi rst instance in the courts or judicial district courts were established special sections for the adjudication of administrative disputes. All these efforts were done with the sole purpose to increase the effi ciency in the adjudication of administrative disputes which according to the statistical data have been increasing in continuing inter alia due to the increase of the public authorities’ activity and the increase of the intensity and quantity of relationships between public authorities and citizens. However, regardless of these efforts, it was quickly understood that the situation of the administrative disputes adjudication could not have been improved without a complete reorganization of the judicial system and in following the draft law on “The Organization and Functioning of the Administrative Courts and for the Adjudication of the Administrative Disputes” is the most recent effort which for its authors and supports is the right solution. Nevertheless, regardless of their truly positive goals and efforts embodied in this draft law, if we refer to its content, to its relationship with the current judicial system, to the range of issues of the whole judicial system as well as to the models and the practices existing in the world, it results that this draft law need to be revised to properly achieve its purpose

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