Case of administrative dispute

• Author: Xhemazie Ibraimi
• Position: University of Pristina, Kosovo
• Pages: 225-231

225

IIPCCL Publishing, Tirana-Albania

Academic Journal of Business, Administration, Law and Social Sciences Vol. 1 No. 3

November 2015

ISSN 2410-3918

Acces online at www.iipccl.org

Case of administrative dispute

Dr. Xhemazie Ibraimi

University of Pristina, Kosovo

Abstract

The activity of administrative bodies includes big numbers of various acts and actions, through

which the will of public administration is formed. The will of public administration bodies,

expressed in administrative individual and normative acts, in administrative contracts and

real acts, finds its reflection in the Constitution, laws and other provisions of legal character.

All this activity is not inerrant and therefore, it is not uncontrollable. The supervision of

executive activity is subject to political control of administrative acts through authorities

designated for this purpose, as well as internal control and the judicial control. The institution

of judicial control of administrative acts and actions appears as very important and widely

treated in the legal doctrine. The protection of constitutional and legal rights of private persons

is accomplished by subjecting administrative activity both to internal administrative control,

as well as to the judicial control in accordance with legal provisions.

The judicial control of administrative acts represents a constitutional guarantee for citizens to

protect their rights through public and fair trial by an independent and impartial court. In

this way, the Constitution empowers the common administrative court that invalidates an

action or administrative act, but not all administrative acts may be subject to administrative

dispute, with the exception of cases against which the administrative conflict cannot be carried

out (negative enumeration).

Keywords: administrative bodies, administrative actions, administrative acts, administrative

supervision, judicial control.

Introduction

The information that the public administration is a necessary tool for the execution of

significant number of activities, that the state administration has broad powers and

is well organized, it is required a multifaceted control over the administration, in

order to safeguard the activity’s lawfulness and effectiveness (Borkovic, 1987, 82).

To ensure the lawfulness, liability, and efficiency in the work of public administration

bodies and public services, permanent control is needed, which also means limitation

of excess and abuse of power.

Administrative dispute exists when the legal issue that belongs to the conflict, is an

issue of pertaining to the administrative law, and based on that it is not important

which body issues the act, but it is important that with that act, administrative law

provisions have been implemented fairly (Gelevski & Davitkovski & Grizo, 2011,

597).

Administrative conflict enables the parties to present their views through a

contradictory debate. Administrative conflict appears between individuals and the

public administration body, or in other words between entities that issue administrative

acts and on that occasion they demonstrate power, and those entities who are in a

submissive position to administer legal relationships (Sadushi, 2005, 254).