The basic principles in the administrative procedure represent minimum procedural
standards and are mandatory general rules of every administrative procedure. In their
operation, the authorities must respect all fundamental principles. The final thesis aimed to draw
attention to the importance of fundamental principles and provide support for the importance of
decision-making efficiency in legal procedures.
Using the analysis of judicial practice, various judgements and decisions, I have found out which
the most problematic and most frequently violated fundamental principle of The General
Administrative Procedure Act is. It is the principle of the client hearings, which was violated in
80% of all analysed decisions and conclusions.
With the help pf the analysis of court practice, various judgments and decisions, I found out which
is the most problematic and most frequently violated fundamental principle of the General
Administrative Procedure Act. I analysed various judgments with the help of case law, where I
limited the judgments to judgments issued by the Supreme Court, and found that this is the
principle of hearing the parties, which was violated in 80% of all analysed decisions and orders.
The aim of the work was to determine whether the fundamental principles are written down
in a hierarchical order. By analyzing the scientific literature, I came to the conclusion that
they are not, but we can still emphasize the overarching principle, which is the principle
of legality, on which all subsequent principles are based. The principles are interconnected and
complementary. The most important principle is the principle of legality, while all principles
together represent minimum procedural standards in administrative procedures.
I presented all nine basic principles of the Act on General Administrative Procedure and
established the connection with the Constitution of the Republic of Slovenia and with other
principles in Europe. For example, the principle of legality is directly linked to Article 120 of
the Constitution of the Republic of Slovenia. The work will have a positive impact on
individuals who encounter the application an enforcement of fundamental principles in
administrative procedures. They will pay attention to those principles that are more
problematic and consequently reduce their violations.
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