655 Administrative Procedure and Administrative Dispute

655 Administrative Procedure and Administrative Dispute

  • Study programme and level: University degree programme Administration 1nd Cycle
  • 2nd year
  • 6 ECTS
  • Course type: Core
  • Lectures: 60
  • Tutorial: 30
  • Individual work: 150
  • Lecturer: Polona Kovač , PhD

 

1. Objectives and competences

Objectives:
Student gets to:

  • know and to understand the procedures for the enforcement of rights or imposing obligations on different administrative areas,
  • understand and analyze the basis of a positive regulatory and judicial decision-making process of decisions allowed in the administrative procedural law and the legal status of the Administrative Authority and the parties in the created process situation,
  • apply knowledge to solve easier procedural problems,
  • know and understand of the system of judicial review of the legality of specific administrative acts, with an emphasis on administrative litigation,
  • break down administrative procedure as a democratic procedure.

Competences:

  • coherent knowing and understanding  development trends of administrative procedural law,
  • understanding general elements and structure of APL and the meaning of public interest protection in dialogue with other participants,
  • problem-solving with use of research techniques and scientific methods, including new information,
  • understanding methods of critical analysis and theories development within concrete working problems,
  • ability to communicate in professional language and loyalty to ethics.

2. Content

  • Introduction
  • Administrative matter
  • Basic principles
  • Participants in proceedings
  • Communication between the authorities and parties and other participants
  • Deadlines, order and the costs
  • Procedure at first instance and decisions
  • Remedies
  • Execution
  • Selected special administrative procedures
  • Administration and social dispute
  • Constitutional legal protection

3. Readings

  • Jerovšek, T., in Kovač, P. (2010): Upravni postopek in upravni spor, Fakulteta za upravo, Ljubljana, 310 str.
  • Androjna, V. in Kerševan, E. (2006): Upravni postopek in upravni spor, GV založba, Ljubljana, izbrana poglavja , cca 200 str.
  • Breznik, J. et al. (2008): ZUP s  komentarjem, GV založba, Ljubljana, izbrane strani, skupaj cca 50.
  • Kovač, P., Remic, M., Sever, T. (2010): Upravno-procesne dileme o rabi ZUP, Uradni list RS, Ljubljana, 232 str.
  • Craig, P. (2006): EU Administrative Law, Oxford University Press, Oxford, izbrana poglavja do 50 str.

4. Intended learning outcomes

Student knows and understands procedures of ensuring rights and obligations of the parties and judicial review over administrative authorities, emphasizing general administrative procedure and administrative dispute. Student will understand fundamental principles and institutions of administrative procedural law. Student is expected to know the purpose of administrative procedures as an instrument of protection of public interest but also tool to limit arbitrary authority. Student is capable of resolving easier and moderate complicated procedural problems in administration.

5. Learning and teaching methods

  • Lectures,
  • practical work,
  • e-learning.

6. Assessment

  • written or oral exam (80%)
  • mid-term exam (20%)