The institute of preliminary question is a procedural institute, which I study from the point of view of administrative procedure and administrative dispute in this master’s thesis, although it also appears in other procedures. Administrative procedures are the most frequent procedures in practice and the authorities often encounter the institute of preliminary question issue during the resolution of a specific case. As the identification of this institute can be difficult in certain cases, it is important that the criteria for identification are clear and well known to all bodies involved in administrative procedures.
As well as in administrative procedure, as in the administrative dispute as well, the institute also represents a legal issue in administrative dispute, which in a specific case of solving belongs to the lower premise of the legal syllogism, therefore to the relevant factual situation. The institute appears for the first and most frequent time at the first instance in the administrative procedure, more specific in the declaratory phase, because without its solution the body can not decide in the main case. In administrative disputes the institute appears less frequently, namely in cases where the court decides in a dispute of full jurisdiction and only carries out declaratory proceedings, or as a result of insufficient administrative procedure.
In the master’s thesis the institute will be described in general in the introduction, and then it will be placed in the decision-making process, where its legal nature and criteria that enable easier recognition of the institute practice will be described. In the following the institute will be described in more details, first in its characteristics and rules of procedure in administrative proceedings, and then in administrative disputes. At the end of the master’s thesis will be presented the legal effects that a decision on resolving a preliminary issue may lead to.
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