The fundamental principles, or basic principles, of any administrative procedure are the minimum procedural standards that administrative authorities must follow in the conduct of any procedure. In the course of its administration, the Authority must observe and respect all the fundamental principles laid down in the General Administrative Procedure Act. If the authority violates one of the fundamental principles, this constitutes what is known as a fundamental procedural error, which renders the final decision (decision/conclusion) of the authority unlawful.
Both the Republic of Slovenia and the Republic of Serbia were formerly two Yugoslav republics in the former Socialist Federal Republic of Yugoslavia. This is why both countries have similarities in their legal traditions and administrative law frameworks. One of the similarities is the General Administrative Procedure Act, which both countries adopted and reorganised based on the Yugoslav tradition (1956, 1965, 1977, 1978, 1986), with the Yugoslav General Administrative Procedure Act, adopted in 1930, based on the Austro-Hungarian Act of 1925.
Fort his purpose, the thesis compares the basic principles between the Slovenian and the Serbian General Administrative Procedure Act.
A comparative analysis shows that the Slovenian and Serbian fundamental principles have the same foundations and overlap in most of their content, but differ in terms of the sheer number, naming, distribution of content and, to a lesser extent, the content itself.
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