Prihodnost splošnega upravnega postopka v Sloveniji : iskanje temeljev za prenovo in nadgradnjo

slovenian

2023

volume 59, issue 3/4

alternative dispute resolution   assurance   comparative legal analysis   competitive procedures   digitalisation   general administrative procedure   good administration   modernisation

Univerza v Ljubljani, Pravna fakulteta

The general administrative procedure in Slovenia is still based on the Austrian administrative tradition, which was, with some adaptation, adopted by Yugoslavia. The concept of the Slovenian General Administrative Procedure Act (ZUP) has not been updated, despite being amended ten times. As such it fails to adequately address the needs of modern society. Thus, ZUP is still understood as a formal procedural framework for the exercise of rights and the imposition of obligations in administrative law. We see it less as an instrument for the establishment of collaborative governance, good public administration and the rights of good administration. ZUP also lacks some institutions that have long been established in the theory of administrative procedure, such as competitive procedures, alternative dispute resolution of administrative relations and assurance. Through a comparative legal and practical analysis the research project, the objectives of which I am describing in this paper, will seek to provide an expert basis for the modernisation and reform of the general administrative procedure in Slovenia.

12.11.2024