Summary: 1. Introduction. – 2. Research Methodology. – 3. Judicial Control of the Public Administration. – 3.1. Judicial Control of the Public Administration in Kosovo. – 4. Judicial Control of Public Administration in the Countries of the Region. – 5. Research and Results. – 6. Conclusions.
Background: Judicial control of public administration plays a crucial role in enhancing the quality of the administration's activities and good governance. This scientific paper aims to examine the current situation of judicial control of the public administration of the Republic of Kosovo and provide a comparative analysis of the legal framework of judicial control of public administration in the countries of the region. This paper aims to answer the following questions: How far has the Basic Court in Pristina managed to decide on the legality of acts and actions of public administration authorities? Is establishing the Administrative Court and the Supreme Administrative Court to handle administrative matters necessary? The establishment of the Administrative Court would improve judicial control over the legality of the public administration’s work, increase the quality of administration and good governance, and increase citizens' trust in institutions.
Methods: In this study, various methodologies were employed, including qualitative, analytical, comparative-legal, descriptive and quantitative (statistical) methods. The qualitative research method analyses the Constitution, laws, by-laws, and other documents. The comparative legal method was applied when comparing provisions in the administrative dispute legislation in the countries of the region. Statistical methods have been used during the study of the annual reports of the Kosovo Judicial Council and the Courts, as well as in the empirical part of the paper.
Results and Conclusions: The research and analysis findings conclude that establishing administrative courts in the Republic of Kosovo is necessary for resolving administrative issues. The results provide insights that the existence of only one department at the Basic Court in Pristina with "jurisdiction" for the entire territory of the Republic of Kosovo is not the right solution. For this reason, the authors substantiate the necessity of establishing the Administrative Court in the Republic of Kosovo to resolve administrative issues. The Administrative Court of First Instance is based in Pristina, with branches in six major centers of Kosovo, and the Supreme Administrative Court is the second instance.