The right to be heard principle is the basis of the protection of human rights during each decision of the administrative bodies. The purpose of my bachelor’s degree is to determine in what manner and to what extent the principle is ensured in administrative procedures, and what are the forms of the right to be heard principle protection in connection with violations of this principle. The purpose is also to compare the Slovenian regulation with the Canadian regulation, and to find out, which are the most frequent violations of the principle to be heard in the Slovenian system.
To find the most problematic area regarding the violation of the principle, I compared the annual reports of the Ombudsman, conducted interviews with three entities, each from different perspective of the system of administrative procedures, and studied the case-law of the Supreme Court of Slovenia. In addition, I analysed the primary and the secondary resources to determine the orderliness of the field in Canada and Slovenia, compared them to each other and established contact points.
Through the analysis of literature and judicial judgments, annual reports and interviews, I realized that the importance of the right to be heard principle in the eyes of the administrative bodies is often overlooked. The violations mainly occur in the areas of immigration and international protection applicants, while groups of children, foster care and people with disabilities are also vulnerable.
The importance and usability of my bachelor’s thesis is to be aware of the significance of the right to be heard principle to all who make decisions now or in the future. With the bachelor’s thesis, I am presenting possible violations of the right to be heard principle and the ways in which those violations are avoided. With greater awareness and understanding the problem’s integrity and the principle in general, decisions will be more transparent, legitimate and correct.
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