Training Activity: The normative administrative act and problems that emerge

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 16 - 17 February 2023 the activity on topic:  

Assessment or not during the examination of the request on lawsuit insurance of the normative act of procedural prerequisites related to the active legitimacy of the plaintiff.”

The panel in this training activity is composed of:   

1. Experts of the School of Magistrates:

• Sokol Sadushi
• Altina Nasufi

1. Facilitator of the School of Magistrates:

• Enisa Shahini

In this activity were elaborated various topics such as:

• Normative act and problems that arise regarding the clashes between constitutional and administrative jurisdiction;
• Normative act between constitutional and judicial jurisdictions;
• Normative act and problems that arise regarding the criteria where has to be based the court to consider the legitimacy of groups of interest as a legitimated subject to oppose these acts;
• Control on the illegitimacy of normative acts by the Administrative Court of Appeal; 
• Normative act and problems regarding the subjects that are legitimized to make a claim on normative acts to individuals and associations;
• Evaluation or not, (in the judgment of the application of lawsuit insurance) of the normative act of procedural preconditions regarding the active legitimating of the plaintiff party;
• Evidencing and availability of the approaches of the Constitutional Court, Administrative College of the High Court, as well as of the Administrative Court of Appeal, related to the above – mentioned topic; 
• Should be used the Administrative Court of Appeal to begin a constitutional judgment for a normative act?
• Is it prohibited to an individual to file a lawsuit in the Administrative Court of Appeal to contest the illegitimacy of the normative act?
• Do the associations have this right unlimited? 
• Should the Administrative College of the High Court examine causes of constitutionality filed by the party in recourse?
• Should be understood the subject “groups of interest” foreseen by the Article 15(d) of law no. 49/2012, as equivalent to the subject “other organizations” foreseen by the Article 134, point 1(f)  of the Constitution?
• Can the court analyze the legitimating of the applicant in cases when judges the application on the provision of lawsuit versus a normative act?
• Is the application of the individual in the judgment of the case for incidental judgment, an efficient instrument? Should the individuals present the application for incidental judgment so that to be legitimized for constitutional appeal in the meaning of the criteria of the Article 71(a) of law no. 8577/2000?
• Should the group of interest meet the standard of “direct interest” that is legitimized for the opposing of the normative act?