By | April 5, 2021

Termination of the legal force of the act

The cessation of legal force and the act brings about the other end of the consequences deriving from an i Term that concertizes the term and determines the regulation and push of the show’s traditional power: Partial or complete annulment of the administrative action by the court. This type of legal termination of the administrative act is done in the cases provided for in the expression in law and only due to the invalidity of the illegality of the action.

The annulment of the court’s administrative act interrupts the further continuation of the invalid show’s legal effectiveness. The judicial appeal of the administrative action becomes subject to judicial jurisdiction after the exciting subjects have consumed it in your direction and administrative recourse, in the executive bodies according to the hierarchy. Still, it can also be used directly in court when the law provides for such a thing. A lawsuit for the annulment of an administrative act can be filed when the plaintiff argues that the executive action is illegal and violates his interests and rights.

The subject can be requested using a lawsuit the abrogation or amendment of the administrative act if he can order both the possibility of request and the use of the refusal to issue an executive action or which will be done without being reviewed in due time.

Repeal and revocation of the act. As a rule, the cancellation can be made due to the show’s invalidity and regulation. When the administrative action has become an obstacle for the law of new opportunities, in creating the flow of changes of concrete circumstances and conditions, the bodies can be revoked there. The administrative body’s right to review its act changes an abrogation. Due to incompatibility with the law, with the circumstances or conditions created after its issuance, it constitutes the legal concept of revocation.

Note: Article 111 of the Code of Administrative Procedures provides: “Administrative acts enter into force on the day of their adoption, except when the law or the act itself gives them retroactive or delayed force.”

Only abrogation, as well as revocation, is carried out by issuing a new legal act. The abrogation of the show is done for those reasons that apply and revoke it. The abrogation is also directed to the higher body of administration that postpones the legal force of an act of the lower body than the extinction of the created legal consequences if the effect of the new laws for the exciting subjects or the changes of the existing products. Administrative acts are repealed or revoked at the competent body’s initiative or as a result of a request for review or appeal of interested parties repealed.

Invalid administrative acts cannot be repealed or revoked. Actions are not cancelled or voided administratively:
a) when the law provides for their irreconcilability/invalidity;
b) when the act creates a lawful direction; (exceptionally may be revoked when it harms the interests of the parties to which they are directed or when all interested parties agree to annul or repeal the act)
c) when the show gives the administration the right, and their obligation can not be waived.

The right to revoke the act of the organic body that issued it, unless otherwise provided by law, while the direction for browsing the show is the prerogative of the superior body. Revocation and repeal of administrative acts are valid only for the future. But revocation and abrogation have a retroactive effect only when they do due to the invalidity of the action being revoked or repealed. The revoking or repealing body itself may use the revoking/repealing act’s retroactive power when all interested parties agree in writing to withdraw/repeal the act, provided that it does so must now be directed to work by them given up. Legal termination the second way and stop when it occurs when the act itself ceases its power, and the behaviour did and further legal consequences. Practical cases are the moments when:

a) Achieving the goals or fulfilling the tasks specified in the act. (acts issued KM in case of a natural disaster)

b) Verification of facts and events of a natural and legal character, those that affect have determined the traditional law created by the administrative act. (suppression of your free subject is addressed to the show) Loss of actuality in the executive action (when the law is not implemented and allows the show to be browsed by a later law)

c) Legal leave is when you administrative cease legal power through the body’s intervention that issued the act, the intervention of a higher body (superior) or the court.

What should be specified is the main difference between the factual cessation and the legal one of the act, which is pointed out when performing the active actions, exercised according to the body authorized by law.

Legality and invalidity of administrative acts and their correction

14 Section 3, Article 107 Code of Administrative Procedures 2015
15 Article Chapter IV of the Code of Administrative Procedures
16 Lecture Sokol S.
17 Article 116 of the Administrative Code.
18 See Article 108 for all of the following cases

The effects of the administrative act invalid

1. invalid administrative acts do not produce legal consequences regardless of whether they are declared as such or not.

2. Any interested party may request that the administrative act be declared invalid. The request in question can be made at any time. On its initiative, the competent administrative body may announce an administrative act invalid at any time.

3. If only a part of the act is invalid, the whole act will be considered invalid, in case the part that is cancelled is so essential that the show does not achieve its purpose without it.

A case study with plaintiffs the National Chamber of Advocacy, wherein this trial sought the administrative act’s absolute invalidity, opposing the normative action provided in the normative provisions of law no. 92/2014 “On value-added tax in the Republic of Albania “of the Council of Ministers.

The court finds the cause of the plaintiff’s lawsuit by analyzing the case in its entirety and not by limiting itself to the legal provisions referred to by the plaintiff in its introductory part. It may happen that the plaintiff erroneously refers to the legal requirements, but from the reading of the claim, it becomes clear the right that he seeks to defend.

In this case, the court must resolve the cause resulting from the full examination of the claim, making the connection between the facts alleged by the plaintiff that occurred and the rights or interests that he claims have been violated. In the 22 conditions when the party has requested the administrative act’s absolute invalidity, this panel considers only the request for the act’s complete invalidity.

An administrative action’s total invalidity is one of the most severe forms of invalidity of the show. In the sense of law, invalid executive actions are those acts, which due to the essential violation of the rules-based on which they were issued, do not have the force of an excellent executive action and are not objectively considered.

19 Article 112, Code of Administrative Procedures.
20 article 117 of the Administrative Code
21 Unifying Decision no.3 / 2012 of the Joint Colleges of the High Court
22 Decision of the High Court on the abolition of VAT for lawyers to have existed at any moment.
23 An invalid administrative act, from the moment of its issuance, does not create nor can it make the legal consequences for which it has been issued. An invalid act is not an act; it is a complete nullity considered to have never entered into force.

Due to the substantial severe violation of the law, an act’s absolute invalidity can be regulated in the future, neither by the parties nor by the body that issued the show. This act is considered as if it never existed. It can not have binding force, either on the persons or entities to which it is addressed or on other state administration bodies.

We conclude that the strike of this invalidity can be done (i) at any time and (ii) directly in court, in contrast to the request for relative invalidity of the act where the subject is obliged to respect the legal deadlines explicitly provided in the KPrA or specific laws and must exhaust the administrative way if such a commitment is expressly provided in the particular law that regulates the legal relationship from which the act originates. Any interested person, at any time (i.e. there is no term such as relative invalidity), has the right to go directly to the court to request the ascertainment of this invalidity.

Suppose the acts’ absolute invalidity is claimed, a search that is not interdependent from any statute of limitations. In that case, the court can not take the point out of judicial jurisdiction. Still, under Article 121 of the Administrative Code and 331 of the Civil Code, it finds it invalid to resolve the act’s legal consequences. When it is required to establish the absolute invalidity of the administrative action, the courts should investigate and adjudicate only the existence of legal reasons for this type of search, which are very clearly provided in Articles 116 and 117 of
K.Pr.Administrative.

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