770 Basics of Administrative Procedure

770 Basics of Administrative Procedure

  • Study programme and level: Professional degree programme Administration 1st Cycle
  • 2nd year
  • 8 ECTS
  • Course type: Core
  • Lectures: 60
  • Tutorial: 30
  • Other forms of study: 30
  • Individual work: 120
  • Lecturer: Polona Kovač, PhD

 

1. Objectives and competences

Objectives:

  • Student knows basis of administrative procedural law;
  • applies knowledge to interconnect principles and operational rules in praxis by preparing/conducting typical procedural acts;
  • solves easier problems in administrative procedure;
  • understands aim of administrative procedure and system of judicial review over administration by analysing selected cases,
  • knows and clarifies proceedings in professional English.

Competences:

  • understanding general elements and structure of administrative procedure and protection of public interest and rights of the parties;
  • problem-solving of individual working problems,
  • skills’ development of administrative procedures’ conduct in less complex matters,
  • ability of analysis of easier procedural problem and its resolvement,
  • professional communication, including professional English, and ethics development.

2. Content

  • Categorisation of administrative procedural law in the development of society. Good administration.
  • Notion of administrative matter and public interest. Use of GAPA – subsidiary, mutatis mutandis. General and special procedures.
  • Basic principles as procedural standards. Their application in selected cases.
  • Participants in proceedings: agency, official, parties, etc. 
  • Communication in procedure: individual rules and application in practice.
  • Deadlines, order and costs in procedure – rules and cases.
  • Phases and acts of proceeding at first instance.
  • Dealing with applications and preparation of acts in typical procedural situations.
  • Decisions and conclusions: types, elements, characteristics.
  • Legal remedies. Appeal procedure. Basic of execution.
  • Forms and basic rules on judicial review upon individual administrative acts.
  • Selected rules and case studies in typical  special administrative procedures.

3. Readings

  • Jerovšek, T., in Kovač, P. (2010): Upravni postopek in upravni spor, Fakulteta za upravo, Ljubljana, 300 str.
  • Kovač, P., in Sever, T. (2010): Praktikum za upravni postopek in upravni spor, Fakulteta za upravo, Ljubljana, 80 str.
  • Breznik, J., et al. (2008): ZUP s  komentarjem, GV založba, Ljubljana, izbranih cca100 str.
  • Upravna svetovalnica. www.fu.uni-lj.si/mediawiki/index.php.
  • Statskontoret (2005): Principles of Good Administration in the Member States of the European Union, available at <http://www.statskontoret.se/upload/Publikationer/2005/200504.pdf>. 20 str.
  • Rose-Ackerman, S., in Lindseth P.L., et al. (2011): Comparative Administrative Law, Edward Elgar, Cheltenham, Northampton, izbranih cca 20 str.

4. Intended learning outcomes

  • Student will apply theoretical knowledge of fundamentals of principles and rules of General Administrative Procedure Act in praxis to conduct easier procedures or manage individual procedural acts. Student will be competent of problem solving in less complicated positions. Student will be able to apply administrative procedure as work process in public administration and relation toward parties, including understanding of the meaning of judicial review over administration.
  • Student prepares a Slovenian-English professional glossary and applies it by clarifying proceedings in English.

5. Learning and teaching methods

  • Lectures,
  • practical work (exercises),
  • e-learning,
  • case studies,
  • guest lectures from practice,
  • seminar work/essay/glossary in cooperation between subjects/courses,
  • tutorship.

6. Assessment

  • Active participation (lectures, e-learning, forum, inter-course-collaboration ...) (20%)
  • Mid-term practical task (20%)
  • Obligatory written examination or if necessary or exceptionally oral defense (60%)

Final assessment of the course is the sum of the course requirements (oral exam, written exam) and other partial requirements for this period.