Direction to the District Center
To refer a court to a case, we must first determine whether the court has jurisdiction to settle the case.
But what is jurisdiction?
“Jurisdiction is the right of a body to carry out a particular activity by the law, that is, the circle of matters it is up to the law to resolve under one law or another.”
Thus, jurisdiction is a right exercised by state bodies in resolving matters that fall under them under the law.
Depending on the type of state bodies charged with examining and resolving cases, jurisdiction is divided into administrative and judicial authority.
The domain is administrative when, by law, the right and duty to address specific issues has been recognized by various state bodies other than the court.
Jurisdiction is judicial when, by law, the right and the task of reviewing and resolving cases are assigned to the courts.
According to the Code of Civil Procedure, the jurisdiction of the courts shall include all civil and other disputes provided for in this Code and specific laws.
The fact that a case is part of the judicial jurisdiction is closely related to Article 42 of the Constitution of the Republic of Albania, which establishes: “All, for the protection of their rights, freedoms and constitutional and legal interests, or in the case of a defendant against him, he has the right to a fair and public hearing within a reasonable period of time by an independent and impartial tribunal established by law. “
The Code of Civil Procedure also provides for the moment at which we are entitled to a court of law.
The lawsuit may be brought:
a) to seek restitution of a right or legitimate interest which has been infringed;
b) to prove the existence or non-existence of a legal relationship or a right;
c) for the recognition of the truthfulness or untruthfulness of a document with legal consequences for the plaintiff.
The individual, therefore whose:
- His right, liberty or legitimate interest has been violated;
- Requires its restoration;
- Has exhausted all hierarchical levels of complaint;
It automatically gives rise to the right to refer to a court which has jurisdiction to hear its case and is competent both on the ground and on the ground, through a claim or suit to settle the dispute in which it is situated.
Direction to the District Center
