Lindita Sinanaj and Florian Kalaja from the School of Magistrates; Klaus Hage, Presiding Judge at the Administrative Court of Minden (from left to right)
Lindita Sinanaj and Florian Kalaja from the School of Magistrates; Klaus Hage, Presiding Judge at the Administrative Court of Minden (from left to right)
Albania

First introduced as an independent branch of the court system in 2012, Albanian administrative jurisdiction is still the subject of many discussions concerning its differentiation from other jurisdictions. Within this context, the IRZ and the School of Magistrates organised a seminar on the interdependence between administrative and civil jurisdiction, which took place on 26 and 27 September 2019. This event was aimed at:

  • judges,
  • public prosecutors and
  • ombudsman employees.

At the start of the seminar, Lindita Sinanaj and Florian Kalaja from the School of Magistrates gave an introduction to Albanian administrative jurisdiction and explained the distinction between this and ordinary jurisdiction. The IRZ expert Klaus Hage, Presiding Judge at the Administrative Court of Minden, compared this with the German legal system and covered the following points concerning the differentiation between the different jurisdictions:

  • ordinary jurisdiction as opposed to special jurisdiction,
  • definition of public legal disputes and
  • legal basis: the powers of the German Federal Administrative Court over administrative courts of appeal and administrative courts of first instance.

Klaus Hage then went on to explain German administrative jurisdiction in more detail, by giving the 18 participants a deeper insight into the decision-making bodies and the transfer of the legal dispute to the individual judge, as well as the stages of appeal and the approval process. Lindita Sinanaj and Florian Kalaja closed the first day of the seminar with a presentation of Albanian cases of legal disputes concerning management agreements and legal jurisdiction in approval claims.

On the following day, Klaus Hage presented the influences of European law on German administrative jurisdiction, focussing on the following points, amongst others:

  • primary and secondary EU legislation,
  • enforcement of EU law by national authorities and
  • legal protection against EU legislative measures.
Once he had completed this group of subjects by giving case examples, for which the participants had to compare German with EU law, the Albanian experts rounded off the seminar with a lecture on the limits of ordinary jurisdiction and of the administrative court in disputes concerning normative acts.