Extraordinary legal remedies display the ambivalence of administrative procedure, as it at the same time tries to protect public interest and the interests of the parties. For that reason, extraordinary legal remedies must be used in such a way, as to strike a balance between the two opposing interests. This work tries to assess, whether the right balance is achieved in Slovenian regulation of extraordi-nary legal remedies, when they are used ex officio.
The author analyses limitations to the use of extraordinary legal remedies ex officio with respect to the protection of legitimate expectations and protection of acquired rights. In first part, he presents four most important principles, which (co)determine use of extraordinary legal remedies ex officio: principle of legality, principle of protection of the public interest, principle of protection of legitimate expecta-tions and the principle of finality of a legal decision. He also assesses the connection between the last two mentioned principles with respect to administrative procedure. This is followed by the second part, in which judicature of the European Court of Human Rights and the Court of European Union is presented, from which certain limitation to the possibility of revocation of administrative decisions can be extracted, mostly with respect to the right to property. It is also shown that the limitations for retroactive revocation of administrative decisions are much stricter than limitations for pro futuro revocation.
This is followed by an analysis of Slovenian judicature, which so far has not put much emphasis on the question of revocation of final administrative decisions. Lastly, the author analyses the possibilities of revocation of different types of administrative decisions (legal or illegal, positive or negative) and gives propositions for more effective regulation of this area with respect to the aforementioned principles. In doing so, he also uses the comparative method. In conclusion the most important results of this work are summarised by conformation or rejection of hypothesises, put forward in introduction.
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