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      Judicial control of administrative activity and advantages of reorganization of the juridical system in the Republic of Kosovo

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      Academicus International Scientific Journal
      Academicus Journal

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          Abstract

          Scientific research paper entitled “Judicial control of administrative activity and advantages of reorganization of the judicial system in the Republic of Kosovo” is treated with standard writing, including the introductory part and corresponding chapters. In the introductory part of the paper is emphasized the importance of the topic which is treated, with particular emphasis on the importance of judicial control in the Republic of Kosovo. This paper aims to achieve three main goals: Firstly, highlighting the importance and ways of functioning of judicial control in general, secondly, explication the method of treatment and the importance of the application of judicial control in the Republic of Kosovo and thirdly, highlighting the challenges of judicial control in the Republic of Kosovo, especially after the reorganization of the judicial system. The paper is structured as follows: introduction, general views on judicial control, including the importance of judicial control. Within the structure, important theses constitute those theses dedicated to administrative justice in the Republic of Kosovo, the legislative framework and judicial system reform in the Republic of Kosovo, including its impact on the functioning of the administrative judiciary. In the last part of the paper there are clear and consistent conclusions and significant recommendations relating to general views about judicial control, with particular emphasis on their practical implementation in the Republic of Kosovo and the way of adjustment with the reforms in the field of administrative justice which are at the beginnings of the implementation.

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          The Extent of Judicial Administrative Control the Power of the Administrative Court

          The application of the principle of legality must meet various requirements dealing specifically with its extent or its reach in the administrative activity. The question that we will seek to answer in this paper is the following: with the entry into force of the Law on Administrative Courts and the start of the functioning of administrative courts on November 2013, how far extends Albanian judicial review? What are the limits of this control? What is the actual power of the Albanian administrative court? The Law on Administrative Courts has defined and directed the limits of judicial control over the legality of administrative actions towards three aspects: facts, time and discretionary power. Therefore, this paper aims to present an analysis of the different aspects that direct and limit the judicial review of administrative acts and which are: the reach of judicial review in the legal qualification of the facts, the reach of judicial review in time, and the reach of the judicial review in the exercise of discretionary power by the public administration.
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            Author and article information

            Contributors
            (View ORCID Profile)
            Journal
            Academicus International Scientific Journal
            Academicus Journal
            20793715
            23091088
            January 2016
            January 2016
            : 13
            : 66-88
            Affiliations
            [1 ]Faculty of Law, University of Prishtina, Kosovo
            [2 ]Constitutional and Administrative Law, College Juridica, Pristina, Kosovo
            Article
            10.7336/academicus.2016.13.05
            1633a9d5-7861-4506-87ab-50ab16a493d7
            © 2016

            https://creativecommons.org/licenses/by-nc-nd/4.0/

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