The thesis considers subsidiary administrative dispute and its exercise throughout the COVID-19 epidemic. To that end, the introduction discusses the instrument's disposition in the Slovenian administrative legal order through provision of its constitutional as well as statutory basis. Attention is further imparted upon the dissection of the subsidiary administrative dispute in regard to its constituent elements, with particular emphasis on the theoretical issues that arose in the course of the adjudication on the COVID cases. The prefatory section culminates in an evaluation of the status of subsidiary administrative litigation relative to the procedures for the protection of human rights accessible to individuals before the Constitutional Court.
The paper proceeds to provide a brief overview of the circumstances faced by both the executive and the judiciary during the epidemic before delving into a comprehensive analysis of the relevant case law. Marked import is accorded to the methodology of the Constitutional Court of the Republic of Slovenia, the approach of which imperatively contributed to the reticence of the Administrative Court about the employment of subsidiary administrative dispute. The conclusion offers a synoptic comparative account of the relevant facets of German, French, and Italian legal systems, hence advancing a template for a prospective systemic reform should the Slovenian legislator opt to address the normative restraints that hindered substantive assessment of the issues raised in casi.
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