The Basic Court is the first court where you begin your proceedings, and this court handles all types of cases. In addition, the Basic Court of Pristina is the only one that has competence to deal with administrative conflicts from all over Kosovo, which are handled by the Administrative Matters Department. The Administrative Matters Departments conducts the administrative procedure and brings the decision based on the Constitution of the Republic of Kosovo and the laws concerning administrative conflicts.
The Administrative Matters Department of the Basic Court shall adjudicate and decide in the first instance on administrative conflicts based on lawsuits filed against final administrative acts and other issues defined by Law.
An administrative act is any decision of any public administration, central government and other bodies that is a result of an administrative procedure on exercising public authorizations. The Court decides on the legality of final administrative acts.
Any natural or legal person can commence an administrative conflict. The administrative conflict may be commenced against:
an administrative act issued in the second instance of the administrative procedure
a first instance procedure when the appeal is not permitted
when there is no respective administrative act under conditions of the Law on Administrative Conflicts
As a general rule, all cases before the Administrative Matters Department of the Basic Court shall be adjudicated by one (1) professional judge. The Court decides based on the verbal, direct and public hearing, with the exception of cases that may risk disclosing facts concerning the private life of the parties, state, professional, trade secrets and adoption.
The Court decides on the administrative conflict by means of a verdict, which either approves the lawsuit or rejects it as ungrounded. An approved lawsuit annuls the disputed administrative act.
The appeal against the verdict on the administrative conflict may be filed with the Court of Appeals within fifteen (15) days from the day of the receipt of the first instance verdict.
Filing a Lawsuit with the Department of Administrative Matters
The lawsuit is filed within thirty (30) days from the date the final administrative act is delivered to the party. The lawsuit should contain:
– The name of the Court
– Name, surname and place of residence, namely seat of the plaintiff and of the respondent
– The administrative act that is object of the lawsuit
– The reasons why the lawsuit is being filed
– The direction and extent of the proposal for the annulment of the administrative act
The original or a copy of the administrative act being disputed should be attached to the lawsuit.