Confirmatory ruling by the administrative panel of the Supreme Court, on the interpretation of article 458 of the Code of Civil Procedure (return of the appeal within the terms)

Following a request from the Administrative Court of First Instance of Tirana which requested the resolution of the dispute on the jurisdiction between the Administrative Court of Appeal of Tirana and the Administrative Court of First Instance of Tirana, the Supreme Court with decision no. 1762 dated 15.11.2021 underlined and confirmed the previous positions of the Constitutional Court expressed with decision no. 22 dated 11.04.2016 regarding the interpretation of Article 458 CPC on the jurisdiction of the court that will have to judge the requests for referral within the terms of the appeal. In the following and unchanged interpretation according to what was decided with the decision of the Constitutional Court cited above, the Supreme Court, the Administrative Panel specifies that: "among other things, considers that the phrase "the court that issued the judgment" must be understood as the court that issued the judgment, against which the parties were unable to appeal within the terms of the law. In other words, in the case where the parties request a reinstatement of the right of appeal (appeal) against the decision of the district court, the competent court to consider the request is the same court. In the case where the parties request a reinstatement of the right of appeal against the decision issued by the appellate court, the competent court to consider the request is the appellate court”.