Abstract
This paper deals with the importance of administrative conflict as a guarantee in the realization of the rights and interests of citizens in a particular procedure and by a special body not the administrative body but judicial body and judicial procedure.We have also made efforts to provide data on the efficiency of the activities of the administration bodies in the fulfillment and realization of their obligations towards the realization of the citizens rights and interests.Human rights do not stand in the vacuum, their protection mechanisms exist because public administration bodies violate them during their daily administrative / executive activity. This paper analyzes the non-implementation of the constitutionality and legitimacy principle in decision-making by the administration bodies and the use of other mechanisms such as regular and extraordinary legal remedies to fix the illegality and irregularities made by the administration bodies.Through this paper we will use the comparative method of administrative conflict of two legal systems based on the Legislation of the Republic of Macedonia, and based on the legislation of the Kosovo. Other important issues will be addressed such as the use of more extraordinary legal remedies in the judicial administrative procedure under Kosovo legislation and the importance of resolving administrative misdemeanor by the Administrative Court of Macedonia. Key words : Administrative activity, administrative conflict, remedies, Administrative Court DOI : 10.7176/JLPG/87-19 Publication date :July 31 st 2019
Highlights
The principle of separation and balance of powers does require non-intervention in the competences of bodies belonging to different powers, and requires mutual cooperation between them, while the specific purpose of each body that belongs to the powers of different is the strengthening of democracy in the interest of the country
The constitution as the basic law of the state obliges all state and public authorities to exercise their powers solely within the framework and under constitutional norms according to the principle of constitutionality and legality
Unlike the earlier legal election that enables the use of extraordinary legal remedies, the request for protection of legality and the repetition of the procedure, the current legal choice as an extraordinary legal remedy only foresees the repetition of the procedure
Summary
The principle of separation and balance of powers does require non-intervention in the competences of bodies belonging to different powers, and requires mutual cooperation between them, while the specific purpose of each body that belongs to the powers of different is the strengthening of democracy in the interest of the country. Public administration bodies should respect and enforce the constitutional principles that, through their activity, enable to built the state of law and democratic state to guarantee human rights and fundamental humans freedom. Exceptions even when the public administration bodies do not respect and enforce the law by violating human rights, the Constitution has foreseen protective mechanisms to regulate illegality and to strike an unlawful decision against a higher instance such as Administrative Conflict, regular and extraordinary legal remedies in an administrative conflict.The Constitution of each state guarantees when the rights of citizens are affected in the regular administrative procedure by administrative bodies, those rights are realized and regulated in a special procedure and a special body no administrative body but a judicial body.In this situation arises the conflict or disagreement with the administrative organ regarding the subjective right and the legality of the administrative a
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