administrative dispute On the organization and functioning of administrative courts and administrative dispute

Abstract

Law no. 49/2012 "On the organization and functioning of administrative courts and administrative disputes"
represents a novelty in the justice system in the Republic of Albania. This paper will present the procedures and
lawsuit time limits trial from Administrative courts through the three levels, the advantages of this judgment by the
Administrative Court compared to the ordinary court judgment, the burden of proof in the trial process, by this
law. Unlike the previous practice courts, the public body has to prove the lawfulness of the administrative act,
administrative contract and any other administrative action issued, not at the request of the plaintiff, and the facts
that it has submitted and has been at the core of the activity brought in court and in other cases, the parties have
the obligation to prove the facts, which their claim is based on. Differently  by the current court practices in
execution of a court decision, ordinatory courts do not have an active role in the execution of the decision.  While
the law no. 49/2012 has provided a new way to control the execution of a final judicial decisions and the judge or
the chair of the panel are charged with an active role which rendered the judgment, as set in motion at the
request of the parties or bailiff, at counseling room, without the presence of the parties, orders to conduct special
operations and other measures necessary, determining  the terms and time schedules of the proceeding.