Administrative Contracts of the Public Procurements in Albania - The Distinctive Features of Their Juridical Nature and Invalidity

Abstract

The increase of the state role in public services and investments has lead to a numerical increase of the administrative contracts in these last years, in particular to the public procurement field and as a result there is a greater need to modernize the law in this area. The actions taken by the public administration institutions, which based on the law need to contract private operators in order to exercise public functions, are considered as administrative activities. Nevertheless, while accomplishing these activities and especially when dealing with conflicts arising from these contracts, there are certain principles of the private rights which are exercised. The sensitivity towards the public contracts performance is quite high by every subject interested, in particular by the participant operators in these contracts, and undoubtedly by the taxpaying public. Based on this sensitivity, this paper analyzes the dualistic juridical natyre of the administrative contracts, especially of the ones in the public procurement area, focusing legal aspects of their validity.

DOI: 10.5901/mjss.2014.v5n2p499