In the field of administrative law, especially in the last decade, there has been a shift from the traditional understanding of the superiority of the authority in relation to the party to various forms of cooperation between the administration and individuals, which – in addition to the increasing complexity of administrative matters and lengthy procedures before the authority and administrative courts – has reinforced the belief that certain disputes regarding administrative matters can be resolved outside the courts, i.e. in an alternative manner.
The dissertation addresses the question of the extent to which mechanisms of alternative dispute resolution can be introduced into procedures for resolving disputes in administrative matters. Special emphasis is given to the question of whether the narrower concept of administrative relation, i.e., the issuance of unilateral, authoritative, specific and concrete administrative acts, allows for a broader implementation of alternative dispute resolution in administrative matters. The work also focuses on the influence of constitutional principles and fundamental principles of the Slovenian regulation of administrative procedure and administrative dispute on the possibilities of alternative dispute resolution.
Based on this, the dissertation subsequently addresses existing mechanisms of alternative dispute resolution in administrative matters. First, the possibilities of alternative dispute resolution in administrative matters in German, Austrian, Croatian, French, Italian, and Estonian law are presented, followed by an overview and critical analysis of mechanisms of alternative dispute resolution in administrative matters in Slovenia. The dissertation focuses on six mechanisms of alternative dispute resolution, namely substitute decisions, settlements, arbitration, mediation, conciliation, and the procedure before the Human Rights Ombudsman. Finally, the dissertation formulates proposals de lege ferenda, which will contribute to a faster, more efficient, consensual, and more economical course of administrative procedure and administrative dispute.
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