DEPARTMENT FOR ADMINISTRATIVE MATTERS
What decisions does the Department for Administrative Matters issue?
The Department for Administrative Matters decides with a decision and judgment in the commercial administrative dispute.
When can the Claim be filed?
The claim is filed within thirty (30) days, from the date of delivery of the final administrative act to the party. This term also applies to the body authorized to file the claim, if the administrative act has been submitted to it. If the administrative act has not been delivered to them, they can file a claim within sixty (60) days from the date of delivery of the administrative act to the party in whose favour the act was issued.
For what reasons is the claim filed?
With a claim, the following can be requested: cancellation or declaration of invalidity of the disputed act; Issuance of the administrative act, which was not issued in the stipulated period; and the return of the items received and compensation for the damage caused by the execution of the contested administrative act.
Where should the claim be filed?
The claim is delivered directly to the court or sent by registered mail. The claim can also be filed on the minutes in court. The day of submission of the claim by registered mail, respectively the day of the statement of the claim in the minutes, is considered as the day when it was submitted to the court. If the claim was not submitted to the court, but to another non-competent body, while it reaches the court after the deadline for filing the claim has expired, it will be considered to have been submitted in time, if its submission to this body was a result of ignorance or of the open error of the submitter.
Who can file a claim? ?
In the Department for Administrative Matters, commercial companies can file claims against final decisions in administrative proceedings.
What should the claim contain?
The claim must contain the name of the court to which the claim is filed, the name, surname and residence, respectively the headquarters of the claimant and the respondent, the reasons why the claim is filed, in which direction and volume the cancellation of the administrative act is proposed, together with the claim must be attached the act that is contested in original or copy, if the return of the item or the compensation of the damage is requested with the claim, the specific request must also be submitted in terms of the item or the amount of the damage suffered, together with the claim, a copy of the claim and the attached documents must be submitted for the sued body and for any interested person, if such exist, as well as the claim petition – statement of claim.
What happens after I file a claim?
Immediately after receiving the claim, the court begins preparations for the main examination of the case. Such preparations include the preliminary examination of the claim, sending the claim to the respondent for necessary answers, as well as scheduling the hearing for the main examination of the case.
What happens if the claim is incomplete, incomprehensible or defective
If the claim is incomplete, is incomprehensible or has defects, the court will invite the claimant
to remove the defects of the claim within a period of eight (8) days. The invitation must state the
instructions to avoid the defects of the claim and the warning about the consequences that will
arise if they do not act according to the court’s request. If the claimant, within the mentioned
term, does not remove the defects of the claim, and they are such that prevent the development of
the procedure, the court will dismiss the claim with a decision, if it does not find that the
contested administrative act is invalid.
Examination of cases in the Department for Administrative Matters – Chambers of the first instance.
In the Department for Administrative Matters – First Instance Chambers, cases are reviewed and judged by individual judges.
What can happen after the decision of the Department for Administrative Matters?
After the decision of the Fiscal Department – Chambers of the first instance, the dissatisfied party can appeal to the chambers of the second instance, through the chambers of the first instance of this court.
Appeals against the decision?
Against the decision of the first-instance chambers of the court, the appeal is submitted to the competent chambers. The appeal shall be submitted within a period of seven (7) days, from the day of receipt of the decision of the first instance chambers.
Appeal against the judgment?
Against the judgment of the first instance chambers of the court, the appeal is submitted to the competent chambers. The appeal shall be submitted within a period of seven (7) days, from the day of receipt of the decision of the first instance chambers.
Where should the appeal be filed?
The appeal is delivered directly to the court or sent by registered mail. The appeal must be directed to the chambers of the second instance, through the chambers of the first instance.
Causes from which the judgment can be challenged?
An appeal against the judgment of the first-instance chambers can be made after the receipt of
the decision, within the deadline set by law, it is presented to the first-instance chambers that
issued the first-instance judgment, in a sufficient number of copies for the court and the opposing
party. An appeal may be filed due to:
a). violation of the provisions of the contested procedure;
b) due to erroneous or incomplete establishment of the factual situation;
c) due to the erroneous application of material law.
When is an appeal not allowed?
The appeal is inadmissible if it was submitted by a person who is not authorized to submit it, or by a person who has waived the right to appeal or who has withdrawn the submitted appeal, or if the person who submitted the appeal has no legal interest in submitting the appeal.
What are the effects of the appeal?
The appeal is a regular means of challenging the decision and as such has a suspensive (pushing)
effect. So, the judgment cannot become final in the formal sense if an appeal has been filed
against it. Likewise, the judgment cannot become final in the formal sense until the deadline for
submitting the appeal has passed.
An appeal is decided upon in the chambers of the second instance even though the appeal is always submitted to the chambers of the first instance of the court, which has decided by judgment as a court of the first instance.
How does the court act after you have filed an appeal?
The chambers of the first instance send a copy of the timely, admissible and complete appeal to
the opposing party, who can, within the seven-day period, submit a response to the appeal in this
A copy of the response to the appeal – first-instance chambers – is sent to the appellant immediately, or at the latest within seven days from its arrival at the court. The response to the appeal submitted after the deadline will not be considered by the chambers of the second instance. Submissions that arrive at the court after the arrival of the response to the appeal, or after the deadline for responding to the appeal has expired, will not be considered, except when the court expressly requests supplementary statements from the party.
After receiving the response to the appeal, or after the deadline for response to the appeal, the chambers of the first instance forward the appeal and the response to the appeal, if it is submitted with all the case files, to the chambers of the second instance within a period of maximum seven days. Since the appellant claims that the provisions of the contested procedure were violated in the first-instance procedure, the first-instance chambers can provide explanations regarding the statements in the appeal that pertain to such violations, and, if necessary, can conduct investigations in order to verify the accuracy of the relevant statements in the appeal.
Examination of appealed cases, Chambers of the second instance.
All cases from the Department for Administrative Matters – Chambers of the first instance to the Chambers of the second instance are judged by the panel composed of three (3) judges, in accordance with the applicable legislation.
Decisions of the Chambers of the second instance on the appeal against the decision of the Department for Administrative Matters
Chambers of the second instance in the session of the panel or on the basis of the examination of the case made directly before it, may do as follows:
a) dismiss the appeal as time-barred, incomplete or inadmissible;
b) overturn the challenged judgment and dismiss the claim;
c) overturn the challenged judgment and return the case to a retrial in the first instance court;
d) reject the appeal as ungrounded and confirm the challenged judgement;
e) change the first instance judgment.
The chambers of the second instance are not bound by the proposal presented in the appeal.
Is an appeal allowed against the decisions of the second instance Chambers?
The decisions of the Chambers of the Second Instance are final and no appeal is allowed against them, but extraordinary remedies are allowed which can be presented to the Supreme Court of Kosovo.
What extraordinary remedies can be submitted against the decisions of the Chambers of the second instance?
The extraordinary remedies that can be submitted to the decisions of the Chambers of the second
instance are as follows:
a). The request for extraordinary review of the court decision,
b). Review of the decision.
Is the request for legality protection against the decisions of second-instance Chambers allowed?
According to Article 14, paragraph 3 of the Law No. 08/L-015 on the Commercial Court, requests for protection of legality are not allowed for disputes handled by the Commercial Court. Therefore, against the decisions of the Department for Administrative Matters-Chambers of the first instance, the request for the protection of legality is not allowed.