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ADMINISTRATIVE COURT OF THE REPUBLIC OF KOSOVO CONCERNS AND RECOMMENDATIONS

Fejzulla Berisha

Abstract

The legal review of administrative decisions by independent courts is an accepted democratic principle, present in key European practices and an important contribution to ensuring order, especially to protect individual rights in front of the administration. The judicial review of governmental activities originates in the philosophy of the state governed and limited by law, and is based on the principle of supremacy of the law. Nowadays, a state of law cannot be imagined without access of all citizens to an independent and impartial tribunal, established by law and capable of meeting the requirements of a fair trial. As such, the role of judicial review of administrative activity is to protect the rights of citizens, but also the public interest and legal order. In addition to this defense role, judicial control is seen as an important tool in enhancing the quality of administration and good governance. At the same time, the expansion of the public sector and the increasing complexity of administrative decision-making has a dual impact: on the one hand, it has brought new forms of administrative activity and increased demand for flexibility of administration in the service of public interest, and on the other hand the effects of such an extension to individual life are constantly increasing.

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