"CODE OF ADMINISTRATIVE PROCEDURES OF THE REPUBLIC OF ALBANIA "   |   44/2015

Article 3: Definitions

In this Code the following terms shall have the following meanings

1The “administrative act”:

aAn “individual administrative act” is every expression of will by a public organ, in the exercise of its public function, towards one or more individually determined subjects of law, which establishes, modifies or terminates a specific legal relationship.

bA “collective administrative act” is an expression of will by a public organ, in the exercise of its public function, addressed to a group of subjects, which members are or can be individually determined, on the basis of general characteristics, which establishes, modifies, or terminates a specific legal relationship.

cAn “act of assurance” is an individual administrative act, through which the public organ, if provided by a special law, may, preliminary assure that it will issue or refrain from issuing a certain administrative act at a later date.

2A "sub-legal administrative act” is any expression of the will by a public organ, in the exercise of its public function, which regulates one or several legal relations, establishing general rules of behaviour, and which is not exhaustive in its application.

3“Discretion of the public organ” is the right of the latter, to exercise public authority to achieve a lawful purpose, in cases where the law partially provides for the modalities to achieve this, giving discretion on choices to the public administration body.

4An “administrative contract” is an agreement which establishes, modifies, or terminates a concrete relationship under public law, and in which, at least one of the contracting parties is a public body.

5An “administrative jurisdiction” is the entirety of substantive and territorial jurisdictions of the public administration organ, as provided by law and sub-legal acts.

6A “public organ” is any organ of central power, performing administrative functions, any organ of public entities, to the extent they performs administrative functions; any organ of the local government, performing administrative functions; any organ of the Armed Forces, to the extend they perform administrative functions, as well as any natural person or legal entity, which, by virtue of a law, bylaw, or any other form, is conferred the right to exercise public functions.

7A “party” is:

aany natural person or legal entity, who has a direct legitimate right or interest in an administrative procedure, as specified in Article 33 paragraph 1 if this Code; or

ba party which does not have a direct legitimate right or interest in an administrative procedure as defined in Article 33, paragraph 2 and 3 of this Code, but whose legal rights and interest may be affected by the result of the procedure.

8A “person” is any natural person, legal entity and any subject of law, according to the legislation in force.

9An “administrative procedure” is the activity of a public organ, in order to prepare and adopt concrete administrative actions, their execution and review by legal administrative remedies.

10“Administrative action” is the administrative act, the administrative contract, and any other administrative action.

11 “Other administrative action” is any unilateral form of activity of the public organ in the exercise of its public functions, which does not meet the criteria for qualifying as an administrative act or administrative contract, and which brings legal effects on subjective rights and legitimate interests.

12An “administrative activity” is the set of acts and actions, which constitute and express the will of the public administration, and the execution of the will.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment