774 Administrative Procedural Law
Content
- Good (Public) Governance with the role of administrative processes and law in it. Interdisciplinarity of administrative procedures. Administrative traditions. APL as a part of administrative reforms.
- Europeanization of administrative procedures through the function of public policies’ implementation. European Administrative Space. Key trends. Red tape reduction. Alternative dispute resolution.
- Notion and rights of Good Administration by EU Charter of Fundamental Rights and European case law. Model Rules and Regulation for an open, efficient and independent EU administration.
- Types of administrative relations, acts and norms in Slovenia, the EU and selected countries. Convergence trends. Regulatory and administrative procedures. Relation substantive v. procedure law.
- Functions of administrative procedures and law through the rights of defense in the constitutional framework. Equal protection of rights in special procedures. De minimis principle.
- Fundamental administrative procedural law principles in the EU and Slovenia. Legality, lawfulness, rule of law, discretionary powers, public interest protection. Substantial procedural rules and errors. Impartiality.
- Protection of parties’ rights. Vested rights theory. Locus standi and affected parties. Abuse of rights.
- Substantive truth. Levels of certainty and types of facts establishing proceedings. Fictions and legal assumptions. Evidence giving, (in)admissible proofs, privatisation/outcourcing.
- Rights to be heard and to information. Participation in public matters.
- Principle of independence. Jurisdiction, devolution, delegation, requisition. Communication, phases of procedure, individual administrative act.
- Efficiency and types of legal remedies in EU and Slovenia. Administrative appeal, extraordinary remedies, res iudicata. Prescribed and reasonable timing. Administrative silence.
- Judicial and other review forms over legality and appropriateness of administrative acts. Europeanisation of administrative justice.
Objectives and competences
Objectives
- Understanding and evaluation of APL role in public administration and European convergence
- Understanding and assessment of elements of public governance, good administration, administrative procedures and (administrative procedural) law, relations among them
- Critical assessment of trends in administrative procedural law in Slovenian and European space
- Ability to interpret meaning and contents of fundamental administrative procedural principles
- Analysis and problemsolving of complex problems
- Development of team work, networking and field ethics
Competences
- Ability to innovatively and critically assess key field concepts
- Ability to autonomously resolve complex administrative procedural problems through lenses of good administration principles
- Ability to conduct innovative (comparative) legal analysis and research work
- Ability to reflect and perform legal and ethical evaluation
- Ability to constructively net- and teamwork
- Ability to use professional terminology in Slovenian ad English