Reasons for the cancellation of the administrative decision by the administrative court

• Author: Xhemazie Ibraimi
• Position: AAB - University, Pristina, Ferizaj, Kosovo
• Pages: 260-264

Vol. 2 No. 2

July 2016

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Tirana-Albania

ISSN 2410-3918

Acces online at www.iipccl.org

260

Reasons for the cancellation of the administrative decision by the administra-

tive court

Dr. sc. Xhemazie Ibraimi

AABUniversityPristinaFerizajKosovo

Abstract

Law enforcement is one of the main goals in the construction, development and strengthening

of a state. The principle of legality presupposes respect, strict and mandatory implementa-

tion of the Constitution, laws and other legal acts by all state bodies, institutions and public

authoritiesocialsNGOsandcitizensThestateasawholethroughitspowerscontrolsthe

precise and uniform application of the Constitution and other legal acts together with the law.

On the basis of these constitutional principles of a state the administration should act as well,

inordertofulllitsdutiesandnottoaectandprejudicetherightsandinterestsofcitizens

In order for this to be accomplished the administration should not violate the interests and

rights of citizens as well as public interest. It is necessary for all stakeholders to respect and

implement the fundamental constitutional principles, since all people are prone to make mis-

takes and violations of the rights of citizens, some of ignorance and others from the misappli-

cation and misinterpretation of law.

In order for all this activity to be regular by the executers of administrative power, it is neces-

sary to carry out supervision and permanent control both in terms of the devolutive principle

(the highest bodies control the underrated bodies).

Keywords: administrative bodies, administrative decisions, administrative court, cancellation

of administrative act, judicial control.

Introduction

The administrative procedure involves the actions undertaken by the administrative

authoritybody to decide onspecicadministrative issues inordertoprotect the

public (social) interest or the citizens as a party in the proceedings in order to exercise

particular rights and interests. The administrative procedure is a guarantee for the

party through legal procedural way and through the right implementation of legal

provisions to realize its rights. The activity of administrative bodies passes through

several phases and all this is crowned by issuing an administrative act through which

is formed and emerges the will of public administration. This willingness of public

and state administration bodies is expressed in individual and normative acts and

ndsitsreectionintheConstitutioninlawsandotherbylawprovisions

The knowledge that the state administration is a necessary tool to implement some

signicantactions to establish a multilateral monitoring onthe administration in

ordertosafeguardthelegalityandeciencyofactivityBorkovicToensure

thelegitimacyaccountabilityandeciencyintheworkofstateadministrationbodies

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

ofexcessandabuseofauthorityControlmeansaformofinuencethatthesuperior

administrative body exercises over a subordinate body, whether related to the

performanceoftheirocialdutiesorinordertoensuretheproperimplementation

of laws and bylaws of higher acts by the subsidiary body (Stavileci 2010, 100).