Functionalization of the Administrative Court in Kosovo: an important step towards specialization and legal protection

Functionalization of the Administrative Court in Kosovo: an important step towards specialization and legal protection

The operationalization of the Administrative Court in Kosovo, at the beginning of this month, constitutes one of the most important reforms in the judicial system of Kosovo and an important step towards the specialization of administrative justice.

Until now, administrative conflicts have been handled by the Administrative Department within the Basic Court in Pristina.

The Administrative Court will deal with the examination of administrative conflicts, i.e. cases where citizens, businesses or public officials dispute the decisions of state institutions and administrative bodies.

Main areas of competence

Its competence includes, among others:

• • disputes against the decisions of the public administration;
• • issues related to taxes and customs;
• • public procurement procedures;
• • administrative permits and licenses;
• • disputes from labor relations in the public sector as well as other forms of judicial protection against the actions of the administration.

The importance of this court is not limited to the public sector.

Businesses often face administrative decisions that directly affect the exercise of their business activity, including: contesting TAK and Customs decisions, disputes in public procurement procedures, refusal or suspension of business licenses and permits, administrative fines and decisions of inspectorates, as well as other issues arising from the relationship between business and public administration.

Until now, these cases have often been characterized by lengthy procedures and a lack of institutional specialization. more favorable for investment and economic development.

The previous system

Lack of specialization

Protracted administrative procedures within the Administrative Department in Pristina, creating delays and legal uncertainty for businesses.

The new reform

Specialized court

Professional treatment, expedited procedures, effective protection and creation of a safe environment for foreign and local investors.

Basically, this reform aims to create a clearer and more efficient mechanism for the judicial control of the public administration, a development of particular importance for strengthening the rule of law and trust in the institutions of justice in Kosovo.