870 Administrative Procedure and Administrative Dispute
Content
- Categorisation of administrative procedural law in the development of society, public administration and judicial review, in Slovenia and globally. Good administration.
- Notion of administrative matter and public interest. Use of GAPA – subsidiary, mutatis mutandis. General and special procedures.
- Basic principles as procedural standards. Legality. Right to be heard. Material truth, duty to speak the truth. Autonomy. Right to appeal. Economy.
- Participants in proceedings. Jurisprudence (of an agency, personal). Parties by status and position, representatives et al.
- Communication between authorities, parties and other participants: language, application, summon, minutes, delivery.
- Right to access one’s own file and information of public character.
- Categories and current of deadlines, restitutio in integrum. Order. Costs.
- Proceedings at first instance: initiation, fact establishing and evidence giving.
- Decisions and conclusions: types, elements, characteristics, completeness, finality.
- Legal remedies. Appeal and extraordinary remedies: characteristics, legitimation and jurisdiction, grounds, time limits, etc.
- Execution, executability, types of execution, jurisdiction, measures. Administrative inspection.
- Administrative and social dispute: materia, participants, phases. Constitutional protection in administrative matters and before European Court of Human Rights.
Objectives and competences
Objectives:
Student gets to:
- analyse individual life events on the basis of an administrative procedure as a democratic tool, limiting arbitrary authority and enabling participatory democracy,
- understand, prepare different acts and conduct the procedures for the enforcement of rights or imposing obligations on different areas,
- know and further analyse system of judicial review upon legality of individual administrative acts, especially administrative dispute,
- understand and analyse the basis of a legal procedural decision-making and position of participants (agency and party) in individual situation as set by law and case-law,
- check and manage significant procedural errors,
- prepare a glossary of professional terminology in Slovenian and English based on selected literature,
- write a qualitative essay in Slovenian and English within cooperation between subjects/courses (APAD & elective Business English).
Competences:
- coherent knowing and understanding grounds and development trends of administrative procedural law,
- capacity of protection of public benefit and its collision in a dialogue in relation to parties’ rights and legal interests,
- ability to analyze and synthesize knowledge for problem-solving by use of scientific research and applying new information,
- ability to apply methods of critical analysis and theories’ development within concrete working problems,
- ability to communicate in professional language in mother tongue and English,
- (develop) loyalty to administrative ethics.