Training Activity: Formal criteria in the administrative trial where the court should not continue with the analysis of the dispute

In the context of the Program of Continuous Formation, the School of Magistrates organizes on 10 February 2023 the activity on topic:  

“Formal criteria in the administrative trial where the court should not continue with the analysis of the dispute.”

The panel in this training activity is composed of:   

1. Experts of the School of Magistrates:

• Elda Vrioni

1. Facilitator of the School of Magistrates:

• Enerjeta Shehaj
• Marko Boshku

In this activity were elaborated various topics such as:

• Formal conditions of the lawsuit under the provisions of law no. 49/2012 on special administrative judgment. Specifics of each of them under the up to now law and judicial practice;
• Features of formal conditions of the lawsuit and the nature of decision-making for the non-acceptance of lawsuit. The issues raised for discussion from cases of judicial practice; 
• Exhaustion of administrative appeal and the term of the presentation of administrative lawsuit as circumstances for the admissibility of the case, to resolve disputes on merits.  The importance of predicting them according to specific laws;
• Procedural aspects of the examination by the court of the formal conditions of the lawsuit, the phase of analyzing them and the burden of proof for the verifying of the no fulfillment of formal conditions;
• Discussions; cases and judicial practice.