Proceedings of the 13th International Academic Conference, Antibes

THE SCOPE OF ADMINISTRATIVE JURISDICTION OF THE COURTS IN FRANCE AND ITS DIFFERENCES COMPARED TO ALBANIA

BRUNELA KULLOLLI, MADRID KULLOLLI

Abstract:

My contribution to the present conference, shall address in this topic : "The scope of administrative jurisdiction of the courts in France and its differences compared to Albania".The article discusses the history, characteristics and scope of the jurisdiction of the administrative court in France, in comparison with the system of justice administration in Albania. -The first part of the report gives a concise picture of the historical evolution administrative justice in France. -The second part focuses on the main aspects of the structure and organization of administrative justice in France, with particular reference to the evolution of role of the Conseil d'État, provide consulting and administrative law. -The third part addresses the issue concerning the criteria for the allocation among jurisdictions civil and administrative in doing this, it explores the complex itinerary is followed by the Court of conflicts, magisterial organ in charge of France to the questions relating to jurisdiction . -The fourth part involves the central object of the intervention: the scope of the jurisdiction of administrative courts in France, that the areas in which the administrative judge and the country has jurisdiction. The analysis will make a comparison with the Albanian system. Vision historical, social, political and constitutional development of the realities of the countries taken into account from the comparative study. CONCLUSIONS -With regard to the system of law and administrative process, France stands Albania is not in the conclusions in the premises. Both states are "on the administrative arrangements" in which there is a large body of rules of public law distinct from the common law. It is no coincidence, because in both national realities, the rule tends to be present and involved in many areas of social, welfare and economic conditions; which explains the existence of a special law for public administrations. In both countries, the role of the administrative judge is therefore evolving and increasingly requiring the ability to handle the difficult dialectic between authority and freedom.

Keywords: administrative jurisdiction, court of conflicts , administrative judge, role of the Conseil d'État, allocation of jurisdiction, public administrations

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