Gjyqësia administrative, mundësitë dhe përparësitë
Administrative Judiciary, Opportunities and Priorities

Summary/Abstract: The basic reasons that administrative courts are considered to be specialized institutions to control the legality of administrative acts in the most part of the European countries are exactly the possibilities and advantages offered by the administrative judiciary. Despite reluctances to the establishment of the institution of administrative conflict, deriving from a particular view of political and legal doctrine in the former East countries on the state’s role and position of the administration, the administrative judiciary has managed to affi rm itself today as a more appropriate form and judicial protection proceeding for citizens in relation to the administration and its actions. European Union gives tremendous importance today to the administrative judiciary. It does not require “uniformity” of the administrative judiciary, but recognizes the countries’ right to adopt the system of the administrative courts to their own conditions and circumstances. We think that this fact should be kept in mind, while the country is preparing itself to introduce the institution of the administrative judiciary. It is of paramount importance to the further consolidation of the rule of law that the establishment of administrative supervision model should provide broad legal protection in the fi eld of administrative activity. This supervision should be the attribute of an institution, whose independence and authority ensure a legal administrative functioning. There should be no dilemmas about the possibility to introduce into the country the system of the administrative judiciary. The adoption of the system of the administrative judiciary is a necessity and it cannot be judged only in terms of conforming to the EU legislation. It would bring a deep reforming of the judiciary, which places the public administration under the scrutiny of a separate judicial body, such as the administrative courts. The administrative judiciary would increase the protection of citizens from the arbitrary acts and it could increase the degree of confi dence of the citizens in the work of the public administration.

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