In the administration of the Republic of Slovenia there is one general administrative procedure and several special administrative procedures. Administrative procedures are governed by the Slovenian General Administrative Procedure Act (Slovenian acronym: ZUP) and several other special procedural regulations of the sectoral legislation regulating individual specific issues, when the rules of the general law are insufficient and require the application of the sectoral law together with the General Administrative Procedure Act.
Most of the legal provisions require the application of the fundamental principles which represent guidelines for decision making in administrative matters as well as protection of human rights and fundamental freedoms. Their use and the use of legal means together with the necessary supervision helps establishing order and discipline in the interaction between individuals and the authority. Joint usage of the General Administrative Procedure Act and sectoral special procedures ensures arbitrary decision making of the Administration and administrative authorities is limited.
Therefore, the fundamental principles of the administrative procedure in accordance with ZUP play the key role in protecting the rights of the parties involved. The fundamental principles represent procedural guidelines for the administrative procedures; their violation represents an absolute procedural error which imposes appropriate sanctions or can moreover even lead to the annulment of the decision.
My thesis presents the general administrative procedure and the special administrative procedures, their interconnection and the application of the basic principles of administrative proceedings. Amongst basic principles I present in particular the protection of the public interest, the individual’s rights and the economy.
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