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 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 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 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

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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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