The Extent of Judicial Administrative Control the Power of the Administrative Court

Erajd Dobjani
Abstract:
The application of the principle of legality must meet various requirements dealing specifically with its extent or its reach in the administrative activity. The question that we will seek to answer in this paper is the following: with the entry into force of the Law on Administrative Courts and the start of the functioning of administrative courts on November 2013, how far extends Albanian judicial review? What are the limits of this control? What is the actual power of the Albanian administrative court? The Law on Administrative Courts has defined and directed the limits of judicial control over the legality of administrative actions towards three aspects: facts, time and discretionary power. Therefore, this paper aims to present an analysis of the different aspects that direct and limit the judicial review of administrative acts and which are: the reach of judicial review in the legal qualification of the facts, the reach of judicial review in time, and the reach of the judicial review in the exercise of discretionary power by the public administration.

Keywords:
judicial review; administrative review; administrative action; legal qualification of the facts; control in time; discretionnary power

Full text available in PDF: Academicus-MMXV-11-116-126.pdf

Digital Object Identifier (DOI): http://dx.medra.org/10.7336/academicus.2015.11.09

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