The Tirana Court of First Instance is removing from its competency 1600
cases, which they plan to send to the Administrative Court.
These decisions are based on an unifying decision of the Supreme Court, which states that the Administrative Court of First Instance, the Administrative Court of Appeal and the Administrative College of the Supreme Court have the competence to review all cases about administrative disagreements, regardless of the trial phase.
While all judges removed their administrative cases, right after of this decision, a judge in Vlore insists that the Supreme Court United Colleges are wrong with this decision, creating the equivalent effect of an extraordinary court, by removing the competency and passing an ongoing case to another court.
Judge Florian Kalaja addressed this comment to the Constitutional Court, after it suspended the lawsuit of Theodhori Bejo, who wanted the canceling of an administrative act for a retirement pension payment.
Referring to the unifying decision that is being opposed, Judge Kalaja thinks that it is an excess of the activity of the United College on the exclusive domain of the law enforcing power.
For the Vlore Court, in this case the Constitution has also been violated for having a regular legal process.
The judge asks if the law can do this, and whether the Supreme Court and the United Colleges can do it through an unifying decision when the law cannot do it.
The judge says that the United Colleges of the Supreme Court have badly implemented the procedural law in time and have badly interpreted the legal moment in which the court appointed by law is constituted together with the natural judge of the case. “They have violated article 42 of the Constitution and article 6 of KEDNJ”.
For the Vlore judge, the Courts are appointed and created by law. “It doesn’t happen as the United Colleges of the Supreme Court say, the opposite of the constitutional norm, that the natural courts and judges are undone by law”, he argues.
The Vlore Judge asked for the repeal of articles 701, 3, and 4 and 70a of the Administrative Court law, according to the interpretation made by the United Colleges in the unifying decisions, and according to the arguments of damaging the judges’ independence.
According to him, with this unifying decision has been created the precedent of passing the former court, which are the extraordinary ways of transferring competences.
This unification, according to the request addressed at the Constitutional Court, changes the law and legislation will, and on the other hand intervenes against the constitution and activity of all courts.
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