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Seminar for administrative judges on “Constitutional vs. Administrative Jurisdiction”

Published: March 20, 2019
Prof. Dr. Michaela Wittinger, Prof. Dr. Sokol Sadushi, Altina Nasufi and Kaliona Nushi (from left to right)
Prof. Dr. Michaela Wittinger, Prof. Dr. Sokol Sadushi, Altina Nasufi and Kaliona Nushi (from left to right)
Albania

As part of the curriculum for the Albanian School of Magistrates, the IRZ held a seminar on 11 and 12 March 2019, covering the distinction between constitutional and administrative jurisdiction. The background behind the seminar was the development of the Constitutional Court of Albania according to the German model, as well as the reintroduction of administrative jurisdiction in Albania in 2013.
The President of the School of Magistrates, Prof. Dr. Sokol Sadushi, welcomed the 25 or so administrative judges taking part in the seminar and went on to talk about the examination of the illegality or unconstitutionality of acts with a legislative nature, individual acts and legislation. Several provisions in the Albanian constitution with regards to disputes over areas of authority between the two jurisdictions led to lively discussions.

Prof. Dr. Michaela Wittinger, an IRZ expert and professor of State and Constitutional Law at the Federal University of Applied Administrative Sciences in Mannheim, picked up the discussions and explained that, unlike in Albania, the constitutional conformity of laws in Germany is only very seldom checked once the laws have come into effect. After she had reported on the protection of the individual through German constitutional jurisdiction with regard to the monitoring of acts of parliament, Kaliona Nushi, a lecturer at the School of Magistrates, introduced the subject “Individuals and Albanian constitutional jurisdiction”.

Altina Nasufi, another lecturer at the School of Magistrates, opened the second day of the seminar with a lecture on monitoring the illegality of acts with a legislative nature by the Albanian Administrative Court of Appeal. The seminar was concluded by Prof. Dr. Wittinger. She began by explaining how the individual is protected by German administrative jurisdiction, drawing on a few cases from the previous year, and then went on to draw parallels with European law, describing its influence on German constitutional and administrative jurisdiction.