The master's thesis deals with the criteria of assessment in the appointment of notaries in administrative practice. First, it presents the notariat in the Republic of Slovenia in general, then it presents how the institution of appointing notaries has developed in Slovenia and how the appointment is regulated abroad. In the central part of the master's thesis, the concept of discretion is introduced and the administrative practice in the appointment of notaries is analysed with the extracted criteria of judgement. The final part presents the main conclusions of the master's thesis.
The criteria for the appointment of notaries are now well established both in theory and in practice. However, when researching the case law of Slovenian courts, one quickly finds that this has not always been the case. Initially, the Minister of Justice had a wide margin of discretion in appointing a candidate to the position of notary. Administrative jurisprudence has, with its development, defined the criteria of assessment, and in Judgment No. I Up 179/2018 of 24th October 2018, the Supreme Court took the view for the first time that it is not only important that the Minister appoints a candidate who meets the conditions laid down in the law, but that he or she must appoint the most professionally suitable candidate. This makes professional suitability the key criterion for selecting a candidate, and the use of political discretion in the Minister's decision-making becomes significantly narrowed, as the Minister is bound by the assessment of the expert panel, but can make a choice between equally-rated candidates.
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