E Drejtë Administrative II

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Gentjan Skara, PhD

Code
LAW 212
Name
E Drejtë Administrative II
Semester
Lecture hours
3.00
Seminar hours
1.00
Laborator hours
0.00
Credits
3.50
ECTS
6.00
Description

The subject "Administrative Justice" studies the way of organization and the basic rules of operation of the state administration during the process of decision-making and review of administrative proceedings. This course studies the basic elements of this procedure, providing detailed concepts on the way of action, collegial organization, quorum during review and decision-making, the way to end the procedure, etc. The subject is designed to deal with the special part of administrative law. In this way, the administrative act is first treated by analyzing the form, content and features of the act. Then, the matter continues with the evidence of cases of validity and invalidity of the administrative act, the legal force of the act and the termination of the legal force. A special importance in this case is also given to the administrative appeal, explaining the terms and stages when the administrative appeal can be examined. In addition to these, the subject also deals with the analysis of the Law on Administrative Courts in order to identify new legal changes.

Objectives

Java
Tema
1
The administrative act and its features Definition, form, content, purpose and justification of the administrative act; the administrative act is a legal act, the unilateral act, specific to the bodies that carry out administrative activities, is a sub-legal act, the difference with court decisions. (S. Sadushi, Administrative Law 2, pp. 13-48)
2
Classification of the administrative act and its legal force Classification according to the initiative for issuing the act, according to the form of expression of the will; according to the effect it brings, according to the character of the connections; names of acts according to bodies; citation of legal power, issuance of the act, recognition of the content of the act, delayed effect; entry into force; retroactive effect (S. Sadushi, Administrative Law 2, pp. 50-108)
3
Validity of the administrative act Requirements for the validity of the act, competence, jurisdiction, delegation, substitution, posting; preliminary procedure, during the issuance of the act, after the approval of the act; compliance of the act with the content of the law; compliance of the act with the purpose of the law. (S. Sadushi, Administrative Law 2, pp. 110-145)
4
Invalidity of the administrative act Meaning of invalidity of the act, relative invalidity, absolute invalidity; differences between absolute and relative invalidity, legitimation, disposition, prescription, retroactive effect, significance of infringement, elimination of invalidity; considering the invalidity of the administrative act. (S. Sadushi, Administrative Law 2, pp. 147-176)
5
Termination of the legal force of the administrative act Understanding of termination of legal power; actual leave; legal leave, revocation of the act by the body itself, annulment by the superior body, annulment of the act by the court; correction of material errors in the administrative act. (S. Sadushi, Administrative Law 2, pp. 179-202)
6
Administrative appeal Appeal as a tool for exercising administrative control; the forms of making the appeal; the effects of the administrative appeal; administrative appeal issue; administrative appeal deadline; stages of this administrative appeal. (S. Sadushi, Administrative Law 2, pp. 204-234)
7
Execution of the administrative act Understanding of administrative execution; the ways of executing the administrative act; procedure for the execution of the administrative act; unenforceable administrative acts. (S. Sadushi, Administrative Law 2, pp. 235-246)
8
The semi-final exam
9
Administrative procedure Parties in administrative proceedings; initiation of administrative proceedings; the actions performed during the administrative procedure; principles to be respected; termination of administrative proceedings, final decision, withdrawal of claims or waiver of them, abandonment, impossibility. (S. Sadushi, Administrative Law 2, pp. 247-264)
10
Administrative contract Nature of administrative contracts; administrative contracts according to Albanian law; state of legality; invalid contracts; amendment and annulment of administrative contracts; connection of contracts. (S. Sadushi, Administrative Law 2, pp. 343-362)
11
Real administrative act The general meaning of the real act; features of the real act; eliminating the illegality of the real act. (S. Sadushi, Administrative Law 2, pp. 364-373)
12
Review judgment of the administrative act
13
Analysis of the law on the organization and functioning of the administrative court and adjudication of administrative disputes
14
Analysis of the law on the organization and operation of the administrative court and adjudication of administrative disputes (continued)
15
RECAPITULATION
16
Final Exam
1
Studentët do të kenë mundësi të njihen teorikisht me legjislacionin në fuqi mbi të drejtën administrative.
2
Studentët do të jenë të aftë të kuptojnë aktin dhe format e aktit administrativ.
3
Studentët do të kenë njohuri të mirëfillta përsa i përket fuqisë juridike dhe pushimit të fuqisë juridike të aktit.
4
Studentët do të jenë në gjendje të kuptojnë dallimin mes llojeve të pavlefshmërisë së aktit administrativ.
5
Studentët do të jenë në gjendje të përdorin praktikisht mekanizmat ligjorë të së drejtës asministrative në mbrojtjen e interesave ligjorë të personave që hyjnë në marrëdhënie me administratën publike në vend.
6
Studentët do të jenë të aftë të kuptojnë ndryshimet e reja ligjore në fushën e së drejtës administrative.
Quantity Percentage Total percent
Midterms
1 30% 30%
Quizzes
0 0% 0%
Projects
1 15% 15%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
1 15% 15%
Total term evaluation percent
60%
Final exam percent
40%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 4 64
Off class study hours
14 3 42
Duties
1 2 2
Midterms
1 10 10
Final exam
1 20 20
Other
0 0 0
Total workLoad
138
Total workload / 25 (hours)
5.52
ECTS
6.00