The master's thesis deals with the topic of social legislation of the Republic of Slovenia with an emphasis on monetary social benefits. In the initial part of the task, the theoretical part of social legislation is presented, in which it was found that the new social legislation did not completely eliminate administrative barriers and that applicants still have difficulties in exercising individual rights.
Two main purposes were set out in the task: the first was to review the position of social legislation in Greece and Malta (the countries were chosen as the countries of the largest and the lowest unemployment of the population in the country in EU), and the second purpose was related to the analysis of the case law of the Administrative and Supreme Court of the Republic of Slovenia based on the acquisition of rights to monetary receipts.
The presentation of the social legislation of both countries showed that the social legislation of the countries examined does not differ significantly from Slovenian. Nevertheless, when presenting the social legislation of both countries, proposals for supplementing the Slovenian social legislation appeared, which are presented in the final part of the task.
Through the analysis of the case-law, it was found that the judgment base, if only for cash benefits considered, is absolutely insufficient. Thus, the analysis extended to all judgments of the Administrative and Supreme Court of the Republic of Slovenia, where, during the implementation of all the laws governing the acquisition of rights from public funds, there were material violations of the provisions of the General Administrative Procedure Act. On the basis of this analysis, it was found that the case-law of both courts mentioned above was harmonized, but in the vast majority of judgments the procedural error was exposed, whereby the authority did not give the party the opportunity to state the case, which is a violation of Article 9 of the ZUP.
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