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The government has responded to the Supreme Court’s criticism of the recourse of public institutions with a draft instruction, which forces the State Advocacy to withdraw. The instruction issued by Prime Minister Rama requires the institutions to waive the recourse for issues of civil and administrative nature.
It was the Deputy President of the Supreme Court, Sokol Sadushi, who initially emphasized the high number of backlog cases waiting to be tried, warning that this institution is endangered by the creation of a new stock of files due to filing many unfounded recourses by lawyers and public institutions.
Based on this problem, Prime Minister Rama asks the subordinate ministries and institutions to take the necessary measures to waive the recourses submitted by their legal representatives.
For appeals against decisions of the Courts of Appeal and the Administrative Court of Appeal for cases of a civil and administrative nature, the recourses that the State Advocacy must review are mainly related to the resolution of disputes arising from employment, compensation for property damages. or non-property, contractual or non-contractual for natural or legal persons, private, domestic or foreign when the value of the lawsuit is less than 40 times the national minimum wage.
“Correction, change, abrogation, annulment or ascertainment of the absolute invalidity of the administrative act, issued by the public body, when one of these conditions is met: These claims are not accompanied by the claim for damages, or for the settlement of other financial obligations, and do not harm the property interests of the state; or claim for damages, for the settlement of other financial obligations, or damage to the property interests of the state is worth less than forty times the national minimum wage”.
The instruction also specifies the cases when public institutions can withdraw from recourses which are filed in the supreme court, but which have not yet been reviewed when deciding to leave in force the court of first instance to dismiss the resulting lawsuit. have been left without an object due to the extinction or change of circumstances of the case. The lawsuit, regardless of the type of claims and their value, obligations which have been fully executed provided that the High Court has not decided to suspend the execution of the final decision and that at least one of the following circumstances is present:
-when the case is lost by the public body in the first two instances of the trial
-the issue is assessed as unprofitable based on the unifying / unifying decisions of the joint colleges or separate colleges.
In the last year, the Supreme Court reviewed over three thousand files, while the stock is over 35 thousand waiting for a decision. The Administrative College is suffering the greatest lack of decision-making due to the lack of a trial panel.
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