PRESENTATION OF DATA ON ADMINISTRATIVE APPEAL

SECRETARIAT OF INVESTMENT COUNCIL

FEBRUARY 2016

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Content

Business Lawsuits against Public Institutions reviewed by Administrative Courts ofFirst Instance, 2014-2015

Business lawsuits against instutions, registered in the High Court, 2014 - 2015

Most contested inspectoriates in relation to Inspections and AdministrativeMeasures for 2015

Data on Appeal - National Registration Centre (NRC), 2015

Appeal Results – General Customs Directorate (GCD), 2013 - 2015

Appeals Results – Public Procurement Commission (PPC), 2014 - 2015

Tax Appeal Data (versus total appeals of the business), 2010 – 2015 (first 6 months)

Cases followed by the State Advocate Office with Businesses in the Courts, 2014-2015

Note: The Secretariat summarises and presents data provided by the most appealed public institutions from thebusiness, on cases held with commercial entities.

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Business Lawsuits against Public Institutions reviewed by Administrative Courts of First Instance

It is noted an increase of lawsuits by the business against public institutions, more visible apparently against state inspectorates (an increase of eight times).

Source: Ministry of Justice, Tirana First Instance Administrative Court

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Results of Business Lawsuits reviewed by the Administrative Court of Tirana

RTD – Regional Tax Directorate TAD – Tax Appeal Directorate

In average, the Administrative Court of Tirana has decided in favour of the business in 26% of cases. It is noted a high level of refusal of lawsuits of Regional Tax Directorates versus Tax Appeal Directorate.

Source: Tirana First Instance Administrative Court

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The same upward trend: in the number of cases and institutions (most appealed) continues also in the Administrative Court of Appeal.

Business Lawsuits against Public Institutions reviewed by Administrative Court of Appeal

643129

263

21

2015

Tax Administration Custom Administration State Inspectorates Public Procurement

Source: Ministry of Justice

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Business lawsuits against instutions, registered in the High Court

Continues the upward trend of businesses cases with Public Administration even in the High Court.

Source: Ministry of Justice

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Most contested inspectoriates in relation to Inspections and Administrative Measures for 2015

ISHPSHSH= State Inspectorate of Labour and Social Services

DPM= General Directorate of Metrology

ZMR= Office for Protection from Radiation

ISHSH= State Inspectorate of Health

ISHA= State Inspectorate of Education

ZSHDA= Albanian Officer for Author’s Rights

IKMT= National Inspectorate for Protection of Territory

AKBPM= National Agency for Medicines and Medical Products

AKU= National Food Authority

ISHMP= State Inspectorate of Environment and Forests

Source: Central Inspectorate In general, it is noted a low rate of measures againstinspections, but a higher rate of appeals towardadministrative measures of the State Inspectorates, inparticular in DPM and ISHPM. In the meanwhile bothinstitutions have also a really low rate ofadministrative measures versus the inspectionscarried out, respectively 0.3% and 5.6%. 7

Results of Appeals in State Inspectorates for 2015

ISHPSHSH= State Inspectorate of Labour and Social Services

DPM= General Directorate of Metrology

ZMR= Office for Protection from Radiation

ISHSH= State Inspectorate of Health

ISHA= State Inspectorate of Education

ZSHDA= Albanian Officer for Author’s Rights

IKMT= National Inspectorate for Protection of Territory

AKBPM= National Agency for Medicines and Medical Products

AKU= National Food Authority

ISHMP= State Inspectorate of Environment and Forests

There is a variation of accepted appeals of the business among state inspectorates as on the cases appealed to court by the businesses, where the highest rate is noted at ISHPSHSH and DPM. DPM has refused all the business appeals for 2015.

Source: Central Inspectorate

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Rate of Administrative Measures of State Inspectorates to Businesses repealed/changed by Court Decision for 2015

ISHPSHSH= State Inspectorate of Labour and Social Services

DPM= General Directorate of Metrology

ISHSH= State Inspectorate of Health

ISHA= State Inspectorate of Education

IKMT= National Inspectorate for Protection of Territory

AKBPM= National Agency for Medicines and Medical Products

Source: Central InspectorateThe Court has rejected in a high percentage theadministrative measures of ISHA and DPM,while is seen a variable rate among repealeddecisions by the court of Inspectorates acts andin some cases substantial.

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Data on Appeals for 2015 - National Registration Centre (NRC)

Type Number rate in the total of cases handled

(156,241 only registration)

Administrative Appeals 90 0.05 %

Court Cases: Sued NRC 29 0.01%

Court Cases: Third party NRC 21 0.01%

Total 140 0.08%

NRC has a really low rate of appeals, almost inconsiderable toward the huge number of cases processed per year.

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Appeal results (GCD) –upward trend of reviewed appeal casesbut in very few cases (about 2%) repealed or reviewed the decision of appeal as the request/folder submitted by the business was incomplete.

“Returned without action”, means that the entity has not submitted a request in compliance with the law requirements for appeal pursuant to article 289 of Customs Code or article 105 on excise duties in the Republic of Albania, e.g. not paid the fine, etc.

Source: GDC

Appeal Results – General Customs Directorate (GCD)

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Appeals Results – Public Procurement Commission (PPC)

AK – Contracting Authority

PPC has the highest rate among public institutions of the decisions in favour of claimant (40%-50%), but as well the lowest rate of lawsuits appealed in the Court, while on the other hand the Court leaves effective in absolute majority the decision of PPC.

Source: Public Procurement Commission

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Tax Appeal Data (versus total appeals of the business)

Tax Appeal Directorate (TAD) has a very low rate of repealing acts of Regional Tax Directorate (in average, 4% in years versus total cases of appeals to TAD), and even in such rare cases the Regional Tax Directorates appeal in court the decision of Tax Appeal Directorate increasing further the burden for business on following the appeal process.

Source: Tax Appeal Directorate

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Cases followed by the State Advocate Office with Businesses in the Courts

Note: The data for Property Registration Agencies and Public Procurement Institutions refer only to the cases followed by the Tirana State Attorney Office in 2015.

Source: State Advocate Office

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