On the Need of Building up of European Administrative Justice Systems in the South-Eastern European countries

Arlinda Memetaj

Abstract


This administrative power of any state must not remain uncontrolled by the public, since the lack of any effective control of its administrative acts is most likely to result in violations of the citizens` rights by its public administrative bodies. This citizens` right to a justice in administrative field is thus one of the key preconditions for the principle of responsible public administration. Just for the above reasons and aims, the states from the South-eastern Europe including the Republic of Albania, the Republic of Macedonia and the Republic of Kosovo have up-to-date adopted their own administrative procedural laws and laws on administrative disputes, which form the core of their administrative justice systems concerned.

Against the above context, the paper firstly explains the reasons for administrative justice. This is then completed with a short overview of the CoE and EU`s relevant law in the administrative law. The later includes a specific sub-section on the concept of European Administrative Space and the Role of the OECD-SIGMA in this field.

Following a short presentation of the basic legal framework of the administrative justice system in any of the above countries, the paper outlines the actual situation in those countries on their individual path towards building up of their European like administrative capacity. The paper ends with specific conclusions in terms of common and specific recommendations for the selected countries.

 

KEY WORDS:  administrative procedure, administrative judiciary, administrative justice, EU, implementation, reform, SEE countries.


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