The Tax and Legal Commitee will discuss in this meeting on ”The draft Law on Administrative Dispute Resolution and the Organization of the Administrative Justice in Albania”.

According to the presentation of the Ministry of Justice that drafted this law, the news of this draft law are:

The foundation of the Administrative Courts of First Instance and the Administrative Court of Appeal.

1. The transition of the Burden of Prove to the Public Organ. 
2. Shorten time limits of examination of the cases by the court.
3. Any illegal administrative action or decision is subject of the lawsuit, the exceptions are mentioned in the draft law.
4. The procedure of execution guarantees the execution of the decisions.
5. The suspension of the administrative actions when the court decide to adjudge the case.
6. The Court substitutes the Public Organ through issuing an administrative act.

  The comments of the groups of interests representatives are:

1. The transition of the Burden of Prove will increase the number of lawsuits against administrative acts, respectively, the number of cases this Court will adjudge. How the Court will respect the time limits of adjudgment according the law disposals.
2. The number of the Administrative Courts of First Instance is limited, so this will decrease the number of cases to be adjudged.
3. How will be trained the administrative judges, to be more professionals?
4. How will be arranged the approach with the Law on Tax Procedures, referring to the article 9 of this draft law, because the presentation of the lawsuit out the time limits, has as consequence the payments of all liabilities.
5. It is proposed to be as part of the composition of the court other experts of different areas, not only judges.
6. The guarantee of the execution of the court decisions, because many of this decisions against the public administration are not executed, the Bailiff Office is a public organ.
7. How reliable is this new judicial system of administrative judgment.
8. This draft law disposes new procedures that will affect seriously the discretion of judging the cases. New and concrete criteria are needed, because judges will utilize all the available legal tools or ways to avoid judging the case according the law.

The meeting will be organized at Tirana International Hotel, Red Room, on September 23, 2008 at 10.00.