Naslov
Comparative analysis of an administrative appeal in Croatian, Slovenian, and EU law
(Comparative analysis of an administrative appeal in Croatian, Slovenian, and EU law)

Autori
Đanić Čeko, Ana ; Kovač, Polonca

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
EU 2020 – lessons from the past and solutions for the future: EU and comparative law issues and challenges series 4 (ECLIC 4) / Duić, Dunja ; Petrašević, Tunjica - Osijek : Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, 2020, 1065-1096

Skup
ECLIC International Scientific Conference: EU 2020 – lessons from the past and solutions for the future (ECLIC 2020)

Mjesto i datum
Osijek, Hrvatska, 10.09.2020. - 11.09.2020

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
administrative appeal ; administrative procedural law ; Croatia ; Slovenia ; EU ; good administration

Sažetak
In administrative matters, parties enforce their rights and legal interests against obligations before the administrative authority of first instance ; furthermore, they can file an appeal to the second instance if they deem decisions as illegal or as an injustice done. Exhaustion of the appeal is in most legal systems as well as according to Croatian (2009) and Slovenian (1999) General Administrative Procedure Acts ((G)APA) as a procedural prerequisite to file further courts action, also in a situation of administrative silence with a negative act fiction. Besides said national GAPAs, the paper addresses draft EU Regulation (2016) as an EU APA too, in order to provide a comparative analysis of various acts. The right to good administration requires that administrative acts be taken by EU administration among others pursuant to timeliness and efficient legal protection. Based on normative national law analysis and case study focus of this paper is put on the administrative appeal, including through the lenses of an access to court. Paper provides an insight in Croatian, Slovenian, and EU APAs in prominent matter since it addresses constitutional and international principles of sound public govern-ance. Authors establish that Croatian and Slovenian GAPAs provide an appropriate legal ground to achieve common European standards, yet they seem too detailed and fragmented in several dimensions ; hence, EU APA can serve as a role model of their modernisation.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA