Master's thesis contains a description of the important principles in administrative proceedings under the Constitution of the RS and the Administrative Procedure Act. It also contains a comparison of the fundamental principles of the Administrative Procedure Act with the principles of the three most commonly used procedures, which are a legal process by the ZPP, inspection by ZIN-1 and tax procedures by ZDavP-2. The comparison shows the integration of the principles of each process separately with the fundamental principles of the Administrative Procedure Act.
It is made by a comparison of fundamental principles of the general administrative procedure between Slovenia and its neighbor Croatia, which is interesting because of the historical ties of the common state Yugoslavia and to the old Law on General Administrative Procedure of Yugoslavia. Here it was found that both countries apply the same principles, as they were already transferred from a previous act, and the content is the same for that principle.
Furthermore, the study also contains an empirical analysis of case law, which is by examining the judgments in administrative procedures, which has been breached one of the fundamental principles of the Administrative Procedure Act indicates how many times was a particular principle infringed by the year, what is the trend of these actions over the years and what were court decisions in these actions for the clients. Decisions were positive or negative for the clients. The analysis was conducted in the period from 2000 (after the adoption of the new Administrative Procedure Act a) by the year 2016.
From this analysis it is clear that the trend of proceedings relating to the fundamental principles of the 2009 is rising, these violations of the principles are growing. The number of positive actions resolved by the applicant is more than the negative, which is considered that there have been true violations of the principles.
|
