Based on Law no. 30/2016 dated 17.3.2016 “On the ratification of the Sectoral Agreement between the Republic of Albania”, represented by the Council of Ministers of the Republic of Albania, and the European Commission, the Institutions of the European Union are not decision-makers in the appeal of interested parties. ARDA is the Institution which reserves the right to make decisions in cases of appeal by interested parties.
The procedure for the complaint is as follows:1. Complaints of applicants for disqualification / rejection are addressed to ARDA in writing form, at the postal address “ARDA, Rruga Muhamet Gjollesha, no. 56, Tirana ”;
The complaint, after being recorded, is reviewed by the Legal Directorate, according to the provisions of the Manual of Procedures of this Directorate;
The decision to accept or reject the appeal is addressed to the applicant within the deadlines set out in the Code of Administrative Procedure, within 30 days, referring to Article 132 of the Law of Administrative Procedures;
If the case is complex and requires more time for decision making, the extension of the deadline is done as much as is necessary for the completion of the procedure, in proportion to the difficulty of the concrete case, but not longer than the duration of the initial deadline, according to Article 92 to Law of Administrative Procedures, ie 60 days. After taking a decision in cases of rejection of the appeal, the applicant has the right to appeal to the Administrative Court of First Instance, within the 45-day deadline set out in Article 18 of Law 49/2012 on “Organization and Functioning of Administrative Courts”; According to Law 49/2012 on “Organization and Functioning of Administrative Courts”, appeal levels are exhausted only by the Courts of the Republic of Albania and by no other court;
Attached to each disqualification notice you will find the standard grievance format (attached link), which must be completed only in writing, in each defined field, be signed and submitted by hand or by mail, to the ARDA headquarters, with address ARDA, Rruga Muhamet Gjollesha, no. 56, Tirana. In case the complaint form does not meet the main criteria of the administrative complaint according to Article 131 of the Law of Administrative Procedures, it will not be considered and will be returned to the complainant for completion.
