Administrative procedure is the most common legal relationship in modern society. It is a legally defined procedure in which predominantly national executive branch bodies deal with administrative matters. Due to the diversity and specificity of administrative matters, there are individual violations of rights by administrative bodies and domestic courts, which are mostly resolved through complaints at the national level. The adoption of the European Convention in 1950 played a key role in raising the level of human rights in administrative proceedings.
I analized case studies of Slovenian and German administrative judgments before the ECHR, which were the basis for assessing the adequacy of regulations and case law of Slovenian courts in administrative cases. The analyzed data for the last ten years shows that, given the number of inhabitants, 17 times more ECHR judgments have been filed against Slovenia than Germany.
After examining some administrative cases in recent years, I conclude that judgments handed down by the ECHR do not show shortcomings in our legislation. However, they show that our country must take a step forward in establishing judicial decision-making that will enable the level of protection of human rights and freedoms that most other European countries know. The courts will achieve this by including public hearings in their decision-making, ensuring a better response and prevent repeated violations of human rights. The obtained data represents the basis for the reduction of human rights violations, and consequently also the decline in appeals and judgments handed down by the ECHR against Slovenia.
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