The Master's thesis addresses (individual) administrative acts issued in the form of a regulation. These consist of acts that operate as administrative acts but are promulgated in the form of a regulation. Initially, the characteristics of individual acts issued by the administration within its scope of operation are presented. Furthermore, the fundamentals of assessing the legality of subordinate legislation and administrative acts are examined. The thesis includes a chapter on the significance of legality regarding regulations and administrative acts. In a separate chapter, I analyse the criteria established by case law for identifying such acts and present selected cases from the jurisprudence of the Constitutional Court, the Supreme Court, and the Administrative Court. The thesis concludes with a commentary on potential legislative amendments in this field (de lege ferenda).
The judicial review of (individual) administrative acts issued in the form of a regulation is governed by the fourth paragraph of Article 5 of the Administrative Dispute Act, which stipulates that the Administrative Court of the Republic of Slovenia also vests jurisdiction to review the legality of acts issued by authorities in the form of a regulation, provided that they regulate individual legal relations. It is not excluded that the law authorizes the administration to issue a general act, even if it entails the regulation of individual and concrete legal relations, or that the effects of a decision on an individual's right or obligation arise from a general act solely by the operation of administrative discretion. For this very reason, an individual may face an encroachment upon their legal status by an act that is concrete and individual in substance, but issued in the form of a general administrative act. If such a (general) administrative act has the same legal effect as an (indiviudal) administrative act, the individual entity is guaranteed judicial protection of their legal status in an administrative dispute. Crucially, a subordinate act must be reviewed according to the substantive (material) criterion. However, the identification of administrative acts issued in the form of a regulation remains a profoundly complex task.
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