Initiation and development of the administrative conflict procedure

November 13 2019, Academy of Justice with the support of GIZ organized the training on Initiation and development of the administrative conflict procedure within CTP. Purpose of this training was to extend the judges knowledge on initiation and development of the administrative conflict procedure.

First part of the training elaborated on provisions of the Law on general administrative procedure, subjects of the administrative procedure, administrative act, administrative contract, real act, administrative act approved in silence, procedure of legal remedies against an administrative act and enforcement of administrative decisions. Whereas the second part of the training elaborated on the administrative conflict, authorized parties for initiating administrative conflict, developing the administrative conflict procedure, issuing court decisions in administrative conflict cases and the procedure upon legal remedies.

The training continued with administrative conflict procedure emphasizing the topic that relates to judicial protection and addressing the lawfulness of the public administration decisions in the Administrative Issues Department of the Basic Court and of the Appeals Court. It was highlighted that processing of these cases in courts is being followed with dilemmas of professional, procedural and material dilemmas when deciding on these cases.

This training after substantial discussion and explanations of the trainers provided practical solutions based on the law that facilitate the judges work, and ultimately impact on reduction of general number of cases in courts. Also, it reviewed practical challenges through referral to the European Court on Human Rights and Liberties case law, including aspects of advancing skills of drafting court acts.

Furthermore, it highlighted that if the court finds that the disputed administrative act shall be cancelled, it may – provided that the nature of the case and administered facts allow – with a judgment decide on the administrative issue and this way this judgment replaces the cancelled administrative decision. Consequently, the judgment that cancels the disputed administrative act, also decides about the claimants request for return of the item, respectively for damage compensation, if there is grounds for that. In contrary, the court may advise the claimant to realize his/her right through the contested procedure.

While, with regard to legal remedies it was highlighted that the administrative conflict procedure as well as other court procedures foresee two types of legal remedies – the regular and extraordinary legal remedies.

This training used combined methods of theoretical lecturing, followed with court case law examples, and exercises, interactive discussion, training handouts, case study analysis and elaborating standards and legal provision’ requirements that regulate this area.

Beneficiaries of this training were judges of the Kosovo Supreme Court, judges of the administrative Department within the Appeals Court and Basic Court, officials of the MLSW, KTA and Kosovo Customs.