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The Minister of Justice, Ulsi Manja, after the end of the meeting of the Council of Ministers, in a communication with the journalists announced an approved instruction, according to which the rules for waiving the recourses filed in the High Court and not yet reviewed by state administration under the responsibility of the Council of Ministers, for matters of a civil and administrative nature.
“With this instruction, as soon as it enters into force, we expect the Supreme Court to be relieved of about 3800 files waiting to be tried, while another 1 thousand are still in process,” said the Minister of Justice. According to him, in the Supreme Court there is a stock of about 35 thousand files, created over the years even during the time when it operated at full capacity.
“For four years, the stock of files not reviewed in the Supreme Court has been reported as problematic. This stock of files was not born today, it existed even at the time when the High Court was functioning at full capacity, but it came and was aggravated after the emptying of the High Court due to the vetting process, where 19 judges resigned, or for “Due to the removal from the vetting process, the High Court was non-functional for some time”, said Mr. Manja, adding that the situation has already changed, while in the High Court there are 13 judges, while they are in process by the High Judicial Council and the filling of other vacancies.
According to him, even with the help of USAID, the Supreme Court has started easing the stock, but still it remains high, while the instruction approved by the government, is a great relief for the work of the court. Mr. Manja clarified that the instruction concerns not only the state administration, but also the companies with state capital, where the state has over 50 percent of shares, or quotas. Recourses that should be waived generally relate to the resolution of employment disputes, the recognition or certification of seniority at work, or claims for damages. They are also instructed to drop other lawsuits, where despite research the state has lost the case in both instances.
Another group will be lawsuits that despite the searches have remained without object, or other lawsuits where despite the searches, success is not guaranteed in the High Court due to the unifying attitudes held by the panels of the high court in the past. Issues of an administrative nature related to the amendment, repeal, or ascertainment of the absolute invalidity of administrative acts, or when the administrative body is obliged to issue acts, will also be waived.
“The only condition for waiving the recourse is the value of the court’s disposition. In any case, the value of the court’s disposition should not be more than 40 times the minimum wage “, explained Manja.
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